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Show COMPACT-REPORT BY CARPENTER----COLORADO A99 of water which includes all water necessary for the supply of any rights which may now exist. Paragraph (b) permits the lower basin to increase its annual beneficial consumptive use of water 1,000,000 acre-feet. The two paragraphs permit an aggregate annual beneficial consumptive use of 8,500,000 acre-feet, and no more. The words "per annum," as used in paragraph (b) are not synonymous with the word "annually." No cumulative increase is intended by that paragraph. Article VIII Article VIII is not intended to authorize, constitute or result in any apportionment of water to the lower basin beyond or in addition to that made in paragraphs (a) and (b) of Article III. The Imperial Valley project which diverts water below Yuma, Ariz., is said to have diverted the entire low flow of the river for a period of several days in October during 3 of the past 10 years. Those in control of that project feared that additional development in the upper basin (before storage facilities had been provided for the lower basin) would materially decrease the October flow of the river at Yuma. Storage facilities constructed in the great canyon of the river will care for the entire supply necessary for the Imperial Valley. While the Imperial Valley probably has no legitimate claim which it may enforce against the upper basin, it was urged, nevertheless, that whatever rights such users may claim should not be disturbed until time and opportunity may afford the building of storage works. The apportionment to the lower basin by paragraph (a) of Article III, provides that such apportionment "shall include all water necessary for the supply of any rights which may now exist." Any claims of the Imperial Valley therefore would be satisfied out of such apportionment of water. The storage of water in reservoirs, as provided in Article VIII, must be made "not in conflict with Article III." After storage is provided, water stored in harmony with Article III will be available to the Imperial Valley project and "present perfected rights" on the lower river shall thereafter be satisfied from the water stored in harmony with Article III and their claims, if any, against the upper basin are thereafter cut off by the substitution of stored water for direct flow. Article I provides that "an apportionment of the use of part of the water of the Colorado River system is made to the upper basin and also to the lower basin with provision that further equitable apportionment may be made." Paragraph (f) of Article III provides that "further equitable apportionment of the beneficial uses of the waters of the Colorado system unapportioned by paragraphs (a), (b), and (c) may be made * * * |
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Original book: [State of Arizona, complainant v. State of California, Palo Verde Irrigation District, Coachella Valley County Water District, Metropolitan Water District of Southern California, City of Los Angeles, California, City of San Diego, California, and County of San Diego, California, defendants, United States of America, State of Nevada, State of New Mexico, State of Utah, interveners] : |