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<br />There is nothing' in the compact to prevent the States of either <br />aasin using more water than the amount apportioned under Para- <br />graphs A and B of Article Three, but such use would be subject <br />to the further apportionment provided for in Paragraph F of <br />Article Three and would vest no rights under the present Compact, <br />Second, that Article Eight is not intended to authorize, con- <br />stitute or result in any apportionment of water to the Lower <br />Basin beyond that made in Paragraphs A and B of Article Three. <br /> <br />HERBERT HOOVER. <br /> <br />WESTERN UNION TELEGRAM <br />Denver, Colorado, February 13, 1923. <br /> <br />R. II. McKisick, <br />Deputy Attorney General, <br />Sacramento, California, <br />Do you concur -~ith me that intent of Commission in framing <br />Colorado River Compact was as follows: <br />That Paragraph B of Article Three means that the Lower <br />Basin may increase :its annual beneficial consumptive use of water <br />one million acre feet and no mor~. <br />That Article Eight is not intended to authorize, constitute or <br />result in any apportionment of water to the Lower Basin beyond <br />that made in Paragraphs A and B of Article 'l'hree, <br /> <br />DELPH E. CARPENTER, <br /> <br />WESTERN UNION TELEGRAM, <br /> <br />Sacramento, Calif" February 13, 1923. <br />Hon, Delph E, Carpenter, <br />. State Capitol, <br />Denver, Colo, <br />Am of opinion that Paragraph B of Articlc Three permits <br />increase or annual beneficial consumption use or water by Lower <br />Basin to eight million fivc hundred thousand acre-fcet total or one <br />million in exccss quantity apportioned each basin in perpetuity <br />by Paragraph A, Article Threc, and no more, When both para- <br />graphs are read together no other construction tenablc, "Per <br />annum" not synonymous with "annually.," <br />Article Eight is not intended to authorize, constitute or result <br />in any apportionment of water to the Lower Basin beyond that <br />made in Paragraphs A and B of Article Three, but .means that if <br />and whcn the water passing Lees Ferry as provided in Paragraphs <br />D and E, Article Three, is impounded within specified storagc, <br />claims of Lower Basin appropriators or users adverse to those or <br />Upper Basin appropriators or uscrs shall be transferred to and <br />satisfied from the water so stored, <br /> <br />R. T, McKISICK, <br /> <br />[ 39 ] <br /> <br />-. <br /> <br />