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<br />. <br /> <br />. <br /> <br />Co Compact Priority of Use of Water for <br />Domestic and Agricultural Use over Use <br />of Such Water to Generate Power <br /> <br />Article IV (b) of the Compact provides: <br /> <br />"Subject to the provisions of this compact, <br />water of the Colorado River system may be impounded <br />and used for the generatIon of electrical power, but <br />such impounding and use shall be subservient to the <br />use and consumption of such water for agricultural and <br />domestic purposes and shall not interfere with or <br />prevent use for such dominant purposes," <br /> <br />The same argument discussed above with respect to <br /> <br />storage is applicable to the Upper Division's argument with respect <br /> <br />to the use of water for domestic and agricultural use having priority <br /> <br />over the use of such water for power. This feature of the Compact <br /> <br />does not excuse the United States from performing the Energy Contract <br /> <br />because no such provision was included therein, and the general <br /> <br />reference would not have that effect. A further reason is that there <br /> <br />is no evidence that the water stored under Section 602 (a) is for <br /> <br />present domestic and agricultural use in the Upper Basin. Article <br /> <br />IV (b) only applies the priority to present use of such water and <br /> <br />not uses in the far distant future. <br /> <br />-27- <br />