OCR Text |
Show 292 WAR FOR THE COLORADO RIVER of which 15,000,000 was insulated against the law of appropri- ation, basin versus basin, by a perpetual apportionment. A "compact" title to the other 1,000,000 acre-feet could be ob- tained by "increase of use" in the Lower Basin, but not by apportionment irrespective of use. These two paragraphs did not dispose of all the water avail- able throughout the system. This total was estimated, in re- ports of the negotiators to Congress, as over 20,000,000 acre- feet. Article HI(c) provided that if the American government should recognize rights in Mexico, the Mexican burden should be met first out of any water in excess of the 16,000,000 acre- feet, and if that was insufficient, the deficiency should be equally borne by the two basins. The four states of the Upper division agreed to deliver water at Lee's Ferry to supply one- half the deficiency in addition to their obligations under Article m(d). In Article III(d) the four Upper States promised that they would not deplete the flow at Lee's Ferry below 75,000,000 acre-feet in each ten-year period. Article UI(e) provided that the states of the Upper division would not withhold water, and the states of the Lower division would not require the delivery of water, which could not reasonably be applied to domestic and agricultural uses. Article III(f) provided that further equitable apportion- ment of the beneficial uses of the system unapportioned by paragraphs (a), (b) and (c) might be made after October 1, 1963, if and when the Upper Basin should have reached a beneficial consumptive use of 7,500,000 acre-feet per annum, or the Lower Basin 8,500,000 acre-feet. Article IH(g) provided the mechanics for calling such a future conference. Article IV provided that water might be impounded for power generation, but "such impounding and use shall be subservient to the use and consumption of such water for agricultural and domestic purposes and shall not interfere with or prevent use for such dominant purposes." Article VII provided that "nothing in this Compact shall be construed as affecting the obligations of the United States to Indian tribes." |