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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />30 <br /> <br />afflicting that section is what produces the reduction in the stream. <br />Therefore, the minimum should be of such a quantity that the penalty of <br />the drought wilI be equalIy distributed over the whole river system.78 <br />It would be unfair, he argued, to insist that the Upper Basin fix a minimum <br />that would apply to the Upper Basin during drought years. The drought's <br />impact should be alIocated among the people of the entire basin, "much the <br />same as we alIocate the waters in fat years." <br />Carpenter did not want a compact to which the states could not <br />reasonably adhere. "If you crowd us on the minimum," he said, "we wilI have <br />to have a protecting clause on precipitation, because we can't control that. <br />Nature will force us into a violation, any possibility of which we should <br />strenuously avoid in our compact, because that would provoke turmoil and <br />strife. "79 The engineers had told him that it would take at least fifty years of <br />records to know what the probable future maximum and minimum flows of <br />the river would be. <br />The "minimum" which Carpenter believed would be fair for both basins <br />was an "aggregate minimum delivery in a ten-year period. "80 The annual flow, <br />Carpenter explained, would rise and falI with the circumstances of <br />precipitation, but over a ten-year period, using a running average, the Lower <br />Basin would receive a guaranteed 75 maf Carpenter described the ten-year <br />calculation as folIows: <br />Suppose you were on the twelfth year. You take that year and include <br />the nine preceeding years. . . .Each year would have nine years behind <br />it. Anyone year along with nine preceeding years makes a ten-year <br />period.8l <br />Norviel's objections to Carpenter's suggestion were based on a presumption <br />that the Upper Basin might physically withhold all the water from the Lower <br />