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<br /> <br />[ 35 ] <br /> <br /> <br />total beneficial consumptive use as set out in paragraphs (a) <br />and (b) ", The storage of water under Article VnI must be in <br />harmony with paragraph (f) of Article III, as well as with <br />paragraph (a), and the latter paragraph provides that the ap- <br />portionment to' the Il)wer basin "shall include all water neces- <br />saryfor the supply of any rights which may now exist" and the <br />second paragraph of Article VIII p~ovides tliat all other. rights <br />(than present perfected rights) "shall be satisfied solely from <br />the water apportioned to that Basin in which they are situate", <br /> <br />Taking the compact as a whole and construing its provi- <br />sions together, Article VIn does not authorize, constitute or <br />result in any apportionment of water to the Lower Basin be- <br />yond that made in paragraphs (a) and (b) of Article III. <br /> <br />It will be noted that Article VIII does not concede that <br />"present perfected rights" in the Lower Basin have any claims <br />against the Upper Basin, the language being "claims of such <br />rights, if any, by appropriators or users of water in the Lower <br />Basin against the appropriators or users of water in the Upper <br />Basin", In other words any such claims are neither acknowl~ <br />edged nor deuied and their legal status, whatever it. may be,. is <br />temporarily left as it was at the time of the compact, But <br />when the reservoir' is constructed, .any claims against the Upper <br />Basin by such "prMent perfected rights" are thereafter cut off, <br /> <br />ARTICLE III PARAGRAPH (e), <br /> <br />Paragraph (e) of Article III is reciprocal. It should be <br />construed. with paragraph (b) of Article IV, The states of the <br />J,ower Division cannot require the delivery of water at Lee <br />Ferry, by the Upper Division, which cannot be reasonably applied <br />to domestic and agricnltnral nses in the Lower Basin, 'l'he <br />clause preserves the dominent rights of agricultural and domestic <br />uses over power uses and only prevents the withholding of water <br />for power development within the Upper Basin to -the extent <br />that such withholding may encroach upon the supply necessary <br />for agricultural' and domestic uses in the Lower Basin,. In other <br />words' the cOlnpact means that power claims by the Lower <br />Basin cannot compel the Upper Basin to turn down any water <br />which cannot reasOl\ably be applied to domestic and agricultur!J.l <br />uses in the Lower Basin, This permits the first use of the <br />waters of the Upper Basin for the generation of power, limited <br />only by the agricultural and domestic demands in the Lower <br />Basin. All power uses in both Basins are made "subservient td . <br />the use and consumption' of such water for agricultural and <br />d(>mestic purposes and shall not interfere with. or prevent use <br />for such .dominant purposes" (referring to agrieultural and <br />domestie uses), <br />