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<br /> <br />Paragraph (b) permits the Lower Basin to inerease its an- <br />nual benefieial eonsumptive use of water 1,000,000 aere-feet, The <br />two paragraphs permit an aggregate annual benefieial eonsump- <br />tiveuse of 8,500,OOO'aere-feet, and no' more, The words "per an- <br />num;'" as usedi\! paragr~ph _(b) ,are not synoiwmous with the <br />word "annually'!' No eumulative inerease is intended by that <br />paragraph, <br /> <br />. ARTICLE VIU, <br /> <br />Article VIII' is not iIitenq.~d to authorize, eonstitute or result <br />in any apportion,ment of water to the Lower Basin beyond or in <br />addition to that made in paragrapbs (a,) and (b) of.Artiele III. <br /> <br />The Imperial Valleyprojeet whieh diverts water below Yuma, <br />Arizona, is said to have diverted the entire low fiow or the river <br />for a period of ~everal days in Oetober during three of the past <br />ten years, Thos~ in eontrol of that projeet feared that additional <br />development in the Upper Basin (before storage faeilities had <br />been provided for the Lower Basin) would materially deerease- <br />the Oetober flo", of the river' at Yuma, Storage faeilities eon- <br />strueted in the great eanyon of the river will eare for' the, entire <br />. supply neeessar,}' for the Imperial Valley, While the Imperial <br />Valley probably' -has no legitimate elaim whieh it. may enforee <br />against the Upper Basin, it was urged, nevertheless, that: what- <br />ever rights sueh: users may elaim should not be disturbed until <br />time and opport"nity may ail'ord thebtiilding of storage works, <br /> <br />The apporti!mment tothe Lower Basin bY' Paragraph :(a) of <br />Artiele III, provides that sueh apportionment "shall inehide all <br />water neeessary ifor the supply of any rights whieh may now eJ>, <br />.ist", Any elain!s of the Imperial Valley therefore would' be sat- <br />isfied out of sue\1apportionment of water, The storage of' water <br />in reservoirs, as ,provided in Article VIII, must be made '~not in <br />conflict with Article III." After storage is provided,: water <br />stored in harmo"y with Artiele III will be available to the 1",- <br />perial Valley project and "present perfected rights" on the'Lower <br />river shall thereafter be. satisfied from the water stored in har: <br />mony with Article III aud their claims, -if any, against the :Upper <br />Basin are therea~ter cut oil' by the substitution of stored wa'ter for <br />direct flow, ; .' <br /> <br />Article I prbvldes that" an apportionment of the. use 6f part <br />of the water of ,the Colorado River system is made to the iVpper <br />Basin and also to the tower Basin with provision that further <br />equitable apportionment may be made." . <br /> <br />paragraph mof A~ticle III provides that ".further equitable <br />apportionment of the beneficial uses of the waters of the Colo' <br />rado System unapportionedby paragraphs (a), (b) and (c) may <br />be made · · · !if and :when either basin shall have reacbed its <br /> <br />[ 34] <br />