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i i tributary streanis and the waters of snch are n9 longer available to Utah lands ').fter they have entered the Green or Oolorado Rivers, 1'he waters of the San ,Juan are no longer aVailable for diversion in Utah after they have served lands in Oolora:do 2nd New Mexieo, 'rIlese natural limitations upon the use of the waters within each of the upper States will always afford ample assurance agai~st undue encroachment upon the flow at Lee Ferry by any o)le of the four upper States, Ooloradoc,mnot divert 5% of its; portion of the river flow to regions outside the river ba.sin. I I . All deveJopjnent in Utah and New Mexico, reqniring diver- sions from stre~ms in Oolorado, shall be subject to separate ad- justment with 'Oolorado before construction occurs, The tel~-m: "beneficial consumptive use" is to be di'stinguished 11'0n> tl'e amounts diverted from the riv.er, It does not mean headgate diversious, It means the amount of water consumed and lost to the river dnring uses of the water diverted, Generally speaking, it is the difference between the aggregate diverted and the aggregate r.jturn flow, It is the net loss occurring through beneficial uses, ( i The apportionment of 7,500,000 acre feet exclusive annual beneficial consu)llptiveuse to the Upper Basin means that the territory of the IUpper Basin may el1ihaust that much water from the flow of the stream each year, The aggregate auuual rUver- sions in the Upper Basin are unlimited, '1'he limitation applies only to the am9unt consumed, and all waters which return to stream are not: "consumed". , The apportionment to the upper territory is perpetua.I.' It is in no mannet affected PO' subsequent development, It is not required that ~he water shall be used withiu any prescribed period, Further development on the lower river will in no man- ner affect this apportionment or impair the right of the upper States to cons,\me their appOl'tionment whenever their necessi- ties require, Any immense reservoir hereafter constructed on the lower riverl cannot be the basis of a preferred claim which will intcrfere ~ith the future development of the Upper Basin, The developme1t in the Lower Basin will he conflned to the apportionment 'Pade to 'that basin, with the permissible increase, Any excess _of ~evelopmentcannot infringe upon the reservation perpetually set (apart t& the upper territory, '1'here can be no rivalry or conte,st of speed in the development of the two basins, Priority of development in the l,ower Basin will give no pref- erence of right as against the apportionment to the Upp_er Basin, '1'he 7,5QO,QOO acre feet annual henefieial consumptive use apportioned to each basin includes the water necessal'y to supply present perfect~d uses in each of the hasins, Such present uses ,I , [ 6 ]