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Show 152 UPDATING THE HOOVER DAM DOCUMENTS agree on the present perfected rights to the use of mainstream water in each State, and their priority dates, any party may apply to the Court for the determination of such rights by the Court." In an order dated February 28, 1966, 383 U.S. 268, Article VI was amended to allow 3 years from the date of the Decree, which was March 9, 1964, for the actions called for. C. Importance of Present Perfected Rights Present perfected rights are important because of the provisions of Article II(B)(3) of the Decree. It provides that in any year in which there is less than 7.5 maf of mainstream water available for release for consumptive use in Arizona, California, and Nevada, the Secretary of the Interior shall first provide for satisfaction of present perfected rights in the order of their priority dates without regard to State lines and, after consultation with major contractors and such representatives as the States may designate, may apportion the amount remaining available for consumptive use in a manner consistent with the Boulder Canyon Project Act as interpreted by the Supreme Court Opinion and with other applicable Federal statutes, except that California shall not be apportioned more than 4.4 maf including all present perfected rights. D. Effect of Section 301 (b) of Basin Project Act The impact of Article II(B)(3) of the Decree was modified by Section 301 (b) of the Colorado River Basin Project Act, Public Law 90-537, dated September 30, 1968, 82 Stat. 885. This provided that Article II(B)(3) shall be so administered as to give holders of present perfected rights, users served under existing contracts, and Federal reservations (primarily Indian Reservations) priority over the Central Arizona Project (CAP) diversions, with California's priority limited to 4.4 maf/yr. Section 301 (b) states: "(b) Article II(B) (3) of the Decree of the Supreme Court of the United States in Arizona against California (376 U.S. 340) shall be so administered that in any year in which, as determined by the Secretary, there is insufficient mainstream Colorado River water available for release to satisfy annual consumptive use of seven million five hundred thousand acre-feet in Arizona, California, and Nevada, diversions from the mainstream for the Central Arizona Project shall be so limited as to assure the availability of water in quantities sufficient to provide for the aggregate annual consumptive use by holders of present perfected rights, by other users in the State of California served under existing contracts with the United States by diversion works heretofore constructed, and by other existing Federal reservations in that State, of four million four hundred thousand acre-feet of mainstream water, and by users of the same character in Arizona and Nevada. Water users in the State of Nevada shall not be required to bear shortages in any proportion greater than would have been imposed in the absence of this subsection 301(b). This subsection shall not affect the relative priorities, among themselves, of water users in Arizona, Nevada, and California which are senior to diversions for the Central Arizona Project, or amend any provisions of said Decree." Despite these priorities over CAP, present perfected rights affect water shortage allocations if mainstream supply falls below the protection levels provided in Public Law 90-537. £. Present Perfected Rights Include Federal Establishments Present perfected rights (PPRs) are defined in Articles I(G) and (H) of the Decree as including water rights created by the reservation of mainstream water for the use of Federal establishments under Federal law whether or not water has been applied to beneficial use as of June 25, 1929, and are deemed applicable to the five Indian Reservations and the Lake Mead National Recreation Area designated in Article II(D) of the Decree. F. Events Leading to Draft Stipulation of Present Perfected Rights Following the issuance of the Decree in Arizona v. California on March 9, 1964, 376 U.S. 340, the Department of the Interior (Interior) authorized the Bureau of Reclamation (Reclamation) to be the lead agency in carrying out the provisions of Article VI of the Decree. On February 2, 1965, the Solicitor of the |