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<br />It i. apparent from the foregoing that in both the Colorado River Compact and rhe Boulder <br />Canyon Project Act there is express recognition of the possibility of Mexico obtaining, at some futufe <br />date. a specific right to the uoe of a portion of the watero of the Colorado River. Since Boulder Dam. <br />Parker Dam. and Impetial Dam are all located across the channel of the Colorado Rivet. it is being <br />unreali!!ic to say that the rights of Mexico remain unaffected by the condition. resulting from the <br />con!!ruction of th..e channel dam.. Virgin-flow condition. no longer exi!! along the lower Colorado. <br /> <br />Pursuant to the Boulder Canyon Project Act. the Secretary of the Interior has entered into <br />numerous contracts for the use of Colorado River water. These contracts all contain the provision <br />that the use of the water mentioned therein is j'subject to the availability thereof for use * Ii' * * · <br />under the Colorado River Compact and the Boulder Canyon Project Act;" and that: <br /> <br />"this contract is made upon the express condition and with the exprrss understanding that <br />all rights hereunder .hall be !Object to and controlled by the Colorado River compact. being <br />the compact or agreement signed at Santa Fe. N, Mexico. November 24. 1922. pursuant to <br />act of Congress approved' August 19. 1921. enritled 'An acr to permit a compact or agree- <br />ment between the Stat.. of Arizona. California. Colorado. Nevada. New Mexico. Utah. and <br />Wyoming. respecting the di'position and apportionmenr of the watero of the Colorado River. <br />and for other purposes,' which compact was approved in section 13 (a) of the Boulder <br />Canyon Project Act," (See Metropolitan Water Di!!rict Contract, Articles 6 and 16; <br />Imperial Irrigation District Contract. Articles 17 and 29; San Diego Contract. Articles 7 <br />and 17; Arizona Contract. Sections 7 and 13; Nevada Contract. Sections 5 and 14.) <br /> <br />Another feature of the situation should be emphasized. The Colorado River Compact by <br />Article III (a) apportions to the upper basin and to the lower basin. respectively. the exclu.ive <br />beneficial consumptive use of 7.500.000 acre-feet of water annually, Article III (b) permits the <br />lower basin [0 increase its annual beneficial consumptive use by 1.000,000 acre~feet. While there are <br />some expressions of doubt as to the character of this III (b) water. this provision was most certainly <br />designed for the protection of Arizona in its use of Gila River water, Article III (c). as quoted <br />anove. provides that if the recognized Mexican right cannot be supplied out of surplus over III (a) <br />and III (b), then the deficiency shall be equally borne by the upper and lower hasins, Article III (f) <br />provides that water un apportioned by (a). (b). and (c) may be apportioned on October I. 1963. if <br />and when either basin shall have reached its total beneficial consumptive use as set out in paragraphs <br />(a) and (b). <br /> <br />At the time of the passage of the Boulder Canyon Project Act Arizona had not ratified the <br />Compact, It was provided that the Act would go into effect if six of the states, including California. <br />should ratify the Compact and if the state of California should (Project Act. Sec. 4) <br /> <br />"agree irrevocably and unconditionally with the United States and for the benefit of the <br />States of Arizona. Colorado. Nevada. New Mexico. Utah. and Wyoming, as an express <br />covenant and in consideration of the passage of this act, tbat the aggregate annual consump- <br />tive use (diversions less returns to the river) of water of and from the Colorado River for <br />use in the State of California. including all uses under contracts made under the provisions <br />of this act and all Water necessary for the supply of any rights which may now exist. shall <br />not exceed four million four hundred thousand acre-feet of the waters aEPorrioned to the <br />lower basin States by paragtaph (a) of Article III of the Colorado River compact. plus not <br />more than one-half of any excess or surplus Waters unapponioned by said compact, ouch <br />Uses always to be subject to the terms of said compact," <br /> <br />Thereafter. California passed what is called its Self-Limitation Statute in accordance with the <br />requirements of the Boulder Canyon Project Act and established a system of priorities of rights to <br /> <br />6 <br />