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Show VIII 10 UPDATING THE HOOVER DAM DOCUMENTS perfected rights in two of the three states, then the third state shall, out of such excess, supply all the necessary water, and if water must be supplied to satisfy present perfected rights in one state, then each of the other two states shall out of such excess supply that proportion of the necessary water that its apportionment of the first 7,500,000 acre-feet of consumptive use bears to the aggregate apportionment of the two states;1 provided, however, that present perfected rights in California shall not exceed 4,400,000 acre-feet of consumptive use per annum; (6) If the mainstream water apportioned for consumptive use in any year is insufficient to satisfy present perfected rights in each and all of the three states, then such water shall be allocated for consumptive use in accordance with the priority of present perfected rights without regard to state lines; provided, however, that present perfected rights in California shall not exceed, 4,400,000 acre-feet of consumptive use per annum; (7) Notwithstanding the provisions of Paragraphs (1) through (6) of this subdivision (B), mainstream water shall be delivered to users in Arizona, California and Nevada only if contracts have been made by the Secretary of the Interior, pursuant to Section 5 of the Boulder Canyon Project Act, for delivery of such water; (8) If, in any one year, water apportioned for consumptive use in a state will not be consumed in that state, whether for the reason that delivery contracts for the full amount of the state's apportionment are not in effect or that users cannot apply all of such water to beneficial uses, or for any other reason, nothing in this decree shall be construed as prohibiting the Secretary of the Interior from releasing such apportioned but unused water during such year for consumptive use in the other states. No rights to the recurrent use of such water shall accrue by reason of the use thereof; (C) From releasing water controlled by the United States for use in the States of Arizona, California and Nevada for: (1) Any use or user in violation of state law, except as specified in Article II (B) (5) and (6) of this decree and except as federal statutes may otherwise specifically direct; (2) The benefit of any federal establishment, except as specified hereinafter; provided, however, that such release may be made notwithstanding the provisions of Paragraph (7) of subdivision (B) of this Article and of Paragraph (1) of this subdivision (C) and provided further that nothing herein shall prohibit the United States from making future additional reservations of unappropriated mainstream water as may be authorized by law: (a) The Chemehuevi Indian Reservation in annual quantities not to exceed (i) 11,340 acre-feet of diversions from the mainstream or (ii) the quantity of mainstream water necessary to supply the consumptive use required for irrigation of 1,900 acres and for the satisfaction of related uses, whichever of (i) or (ii) is less, with a priority date of February 2, 1907; (b) The Cocopah Indian Reservation in annual quantities not to exceed (i) 2,744 acre-feet of diversions from the mainstream or (ii) the quantity of mainstream water necessary to supply the consumptive use required for irrigation of 431 acres and for the satisfaction of related uses, whichever of (i) or (ii) is less, with a priority date of September 27, 1917; 'Thus if water is to be supplied from the other states' apportionment, Arizona shall contribute 2.8 and Nevada^ of the total amount supplied. 3.1 3.1 |
