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is hereby apportioned between the states of Colorado and New Mexico as follows: <br />The state of Colorado agrees to deliver to the state of New Mexico from the San Juan river and its tributaries which <br />rise in the state of Colorado a quantity of water which shall be sufficient, together with water originating in the San <br />Juan basin in the state of New Mexico, to enable the state of New Mexico to make full use of the water apportioned to <br />the state of New Mexico by article III of this compact, subject, however, to the following: <br />(a) A first and prior right shall be recognized as to: <br />(1) All uses of water made in either state at the time of the signing of this compact; and <br />(2) All uses of water contemplated by projects authorized, at the time of the signing of this compact under the laws <br />of the United States of America whether or not such projects are eventually constructed by the United States of <br />America or by some other entity. <br />(b) The state of Colorado assents to diversions and storage of water in the state of Colorado for use in the state of <br />New Mexico, subject to compliance with article IX of this compact. <br />(c) The uses of the waters of the San Juan river and any of its tributaries within either state which are dependent <br />upon a common source of water and which are not covered by (a) hereof, shall in times of water shortages be reduced <br />in such quantity that the resulting consumptive use in each state will bear the same proportionate relation to the <br />consumptive use made in each state during times of average water supply as determined by the commission; provided, <br />that any preferential uses of water to which Indians are entitled under article XIX shall be excluded in determining the <br />amount of curtailment to be made under this paragraph. <br />(d) The curtailment of water use by either state in order to make deliveries at Lee ferry as required by article IV of <br />this compact shall be independent of any and all conditions imposed by this article and shall be made by each state, as <br />and when required, without regard to any provision of this article. <br />(e) All consumptive use of the waters of the San Juan river and its tributaries shall be charged under the <br />apportionment of article III hereof to the state in which the use is made; provided, that consumptive use incident to the <br />diversion, impounding or conveyance of water in one state for use in the other shall be charged to the latter state. <br />Article XV <br />(a) Subject to the provisions of the Colorado river compact and of this compact, water of the upper Colorado river <br />system may be impounded and used for the generation of electrical power, but such impounding and use shall be <br />subservient to the use and consumption of such water for agricultural and domestic purposes and shall not interfere <br />with or prevent use for such dominant purposes. <br />(b) The provisions of this compact shall not apply to or interfere with the right or power of any signatory state to <br />regulate within its boundaries the appropriation, use and control of water, the consumptive use of which is apportioned <br />and available to such state by this compact. <br />Article XVI <br />The failure of any state to use the water, or any part thereof, the use of which is apportioned to it under the terms of <br />this compact, shall not constitute a relinquishment of the right to such use to the lower basin or to any other state, nor <br />shall it constitute a forfeiture or abandonment of the right to such use. <br />Article XVII <br />The use of any water now or hereafter imported into the natural drainage basin of the upper Colorado river system <br />shall not be charged to any state under the apportionment of consumptive use made by this compact. <br />