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<br />- <br /> <br />" <br /> <br />guarantee of 75 million acre-feet of water to the Lower Ba$in arguably places <br /> <br />a servitude on all Upper Basin storage facilities for delivery requirements to <br /> <br />the Lower Basin, reducing their utility to the Upper Basin. As Edward Clyde <br /> <br />explains, the consequences of several successive drought years could be disas- <br /> <br />trous to the Upper Basin if it is obligated to use stored water to simulate <br /> <br />"normal" flows for the Lower Basin.16 <br /> <br />If the various uncertainties about the obligations of the Upper Basin <br /> <br />17 <br />under the compact are resolved against the Upper Basin, there may be dire <br /> <br />consequences in terms of limiting growth, managing facilities efficiently, and <br /> <br />generation of electric power. Even favorable resolutions do not answer the <br /> <br />ultimate question: How to build a future on the right to leftovers? The <br /> <br />problem has not yet been presented sharply because Upper Basin uses have not <br /> <br />approached the point where limits on water supplies from the river have <br />f h . . 1 18 <br />impacted realization 0 t e Upper Basin s growth potentla . <br /> <br />The Lower Basin, already heavily developed, can make claims to a larger <br /> <br />share of water. The understanding implicit in the agreement was that each <br /> <br />basin should be able to develop at its own pace with a predictable supply <br />19 <br />guaranteed when development occurs. But the Upper Basin states fear that <br /> <br />the Lower Basin's "temporary" reliance on this water could ripen into neces- <br /> <br />sity and ultimately into recognized rights. Since the water is surplus in the <br /> <br />Upper Basin now, harm is largely hypothetical. The Upper Basin must determine <br /> <br />how to protect itself from the threat of Lower Basin encroachment on supplies, <br /> <br />an encroachment that could come from adverse interpretations of the law of the <br /> <br />river combined with a growing Lower Basin dependence on the lion's share of <br /> <br />the river's water. <br /> <br />A traditional answer to the Upper Basin's problem has been development of <br /> <br />more storage projects and more water-intensive U$es. Impressing the Upper <br /> <br />- 7 - <br />