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<br />[ 7 ] <br /> <br /> <br />consume but a small part of the apportiouments, By reason <br />of a fear that fnrther upper development might temporarily <br />deplete the ]ow flow of the river in the autumn and early winter <br />of d1'y years, it is provided by Article VIII.that present perfected <br />appropriations upon the lower river shall not be precluded from <br />protecting any such appropriations from encroachments upon <br />theh' suppli(~s until reservoirs have been constructed to store a <br />definite pa lot of the water apportioned to the Lower Basin, <br /> <br />There is no treaty between the United States and Mexico <br />fixing any right in Mexico to the use of waters of the Colorado <br />River. All such matters must depend upon future treaties, The <br />compact provides that water, if any, necessary to supply the <br />obligations of any such teraty shall be taken first f1'om any sur- <br />pluB after mceHllg the apportiolllllents (and right to increase) <br />all'enc1y made to the Upper and Lower BasinS". If the surplus is <br />inadequate any defidellty shall be borne equally by the two basins. <br /> <br />If the time arrives when the development in eithCl' of the <br />basins requires a supplemental apportionment (which probably <br />will never occur) the water available for such purposes will <br />be the glll'plus remaining after deducting the perpetual appor- <br />tionments (and right to increase) now made plus any possible in- <br />ternatiollal burden. 'l'he supplemental apportionment will not <br />di~tnl'b or impair the perpetual apportionment made by the pres- <br />ent compact. <br /> <br />The repayment of the cost of the constroction of necessary <br />f1ood-contl'olreservoirs for the protection of the lower river coun- <br />try, probably will result in a forced development in the Lower <br />Basin, For this reason a permissible additional development in <br />the Lower BaSIn to the extent of a benefiicial consumptive use of <br />one million acre-feet, was recognized in order that any further <br />apportionment of surplus waters might be altogether avoided or <br />at least dela)'ed to a very remote period, This right of additional <br />development is not a final apportionment, This clause does not <br />interfere with the apportionment to the Upper Basin or with the <br />right of the States of the Upper Basin to ask for further appor- <br />tiomnellt by a subsequent' commission. <br /> <br />The compact provides that the Upper Basin shall not be <br />required to deli Vel' any water to the Lower Basin which cannot <br />be benefi cially applied to doniestic and agricultural. uses, Power <br />claims will alwaj's be limited by the quantity of water necessary <br />for domestic and. agricnltural purposes, The generation of power <br />is made subservient to the preferred and dominant uses and shall <br />not interfere with juniOl' preferred uses in either basin. <br />Artie1e VII, protecting the obligations of the United States <br />to the Indian tribes, avoids necessity of conditional ratification <br />of the compact by the Congress, Such rights are negligible and <br />