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Show A118 APPENDIX 213 4th. Agriculture is made paramount, the development of electric power secondary", and navigation subservient on the Colorado River. 5th. An ex officio committee is constituted for the purpose of collecting, compiling, and publishing Colorado River data. 6th. Litigation between claimants is not prohibited by this compact with respect to the waters of the Colorado River System not covered by the terms of the compact. 7th. Rights of Indian tribes are protected. 8th. Present legally applied use of water of the Colorado River System is not impaired. 9th. When storage capacity of 5,000,000 acre-feet is created in the river for the benefit of the Lower Basin, claims by users in the Lower Basin to low water of the river as against the claims of the users of water in the Upper Basin shall cease and the rights of the Lower Basin users attach to water which may be stored. 10th. If the compact is terminated by unanimous agreement of the signatory States, all rights established under it shall continue unimpaired. I have now encompassed the whole of what I promised to say, but I am sure that you will permit the following observations which, I think, are pertinent and will be of interest and possibly of help to you in the line of thought to be taken up. 1. The Upper States are not limited as to their diversions. 2. They are only charged with that which they consume. 3. The river may be wholly diverted by the Upper States and more than enough to supply the quantity required to pass Lee's Ferry will still be assured. 4. It will be impossible under any conceivable circumstance for the Upper States to prevent 75,000,000 acre-feet going past Lee's Ferry in any ten-year period. 5. Should the Upper States divert 180,000,000 acre-feet of water onto the uplands during any ten-year period, there would still be 90,000,000 acre-feet pass Lee's Ferry out of the return flow to the river. 6. The reconstructed Colorado River would have an average annual flow of from 20,000,000 to 22,000,000- acre-feet, and if it is assumed to be 20,000,000 acre-feet, approximately 18,000,000 acre-feet would pass Lee's Ferry if there were no diversions. 7. Assuming that the reconstructed river has 22,000,000 acre-feet in it, the compact has left for future allocation after 40 years, 6,000,000 acre-feet of water if either the Upper Basin or the Lower Basin has wholly beneficially consumed its allocation. 8. It follows that if when a new apportionment is undertaken, it is apparent that either basin has had more or less than its share of the |
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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] : |