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2 <br />II. Upper Colorado River Basin Compact. Negotiated in 1948 by representatives of <br />Arizona, Colorado, New Mexico, Utah, Wyoming and the federal government, approved in <br />1949. Article I(b) recognizes that "the Colorado River Compact is in full force and effect <br />and all of the provisions hereof are subject thereto." <br /> <br />Apportionment provisions: <br /> <br />Article III(a): "Subject to the provisions and limitations contained in the Colorado River <br />Compact," Article III(a) apportions "in perpetuity" the Upper Basin's share of the consumptive <br />use of water under the Colorado River Compact to individual states. Arizona gets a flat 50,000 <br />AF off the top. The rest is apportioned by percentages: <br /> <br />State % % of 7.5 MAF <br />(full supply) <br />% of 6 MAF <br />(more likely <br />supply) <br />Colorado 51.75 3,855,375 3,079,125 <br />New Mexico 11.25 838,125 669,375 <br />Utah 23 1,713,500 1,368,500 <br />Wyoming 14 1,043,000 833,000 <br /> <br />Article III(b) specifies that the III(a) apportionments "shall be applied in conformity with the <br />following principles:" <br />"(1) The apportionment is of any and all man-made depletions; <br />"(2) Beneficial use is the basis, the measure and the limit of the right to use; <br />"(3) No state shall exceed the apportioned use in any water year when the effect of such <br />excess use, as determined by the commission, is to deprive another signatory state of its <br />apportioned use during the water year; provided, that this subparagraph (b)(3) shall not <br />be construed as: <br />"(i) Altering the apportionment of use, or obligations to make deliveries as <br />provided in article XI, XII, XIII or XIV of this compact; <br />"(ii) Purporting to apportion among the signatory states of such uses of water as <br />the upper basin may be entitled to under paragraphs (f) and (g) of article III of the <br />Colorado River Compact; or <br />"(iii) Countenancing average uses by any signatory state in excess of its <br />apportionment. <br />"(4) The apportionment to each state includes all water necessary for the supply of any <br />rights which now exist." <br /> <br />Curtailment provisions: <br /> <br />Article VIII creates the Upper Colorado River Commission. Article IV specifies that, in the <br />event curtailment of Upper Basin water use becomes necessary, the extent of curtailment by each <br />state "shall be in such quantities and at such times as shall be determined by the commission <br />upon the application of the following principles:" <br /> <br />Article IV(b): "If any state or states of the upper division, in the ten years immediately