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Show PECOS RIVER COMPACT 243 ervoirs in New Mexico shall be measured and delivered at the New Mexico-Texas state line. (f) Beneficial use shall be the basis, the measure, and the limit of the right to use water. ARTICLE VII In the event of importation of water by man's activities to the Pecos River Basin from any other river basin the state making the importa- tion shall have the exclusive use of such imported water. ARTICLE VIII The provisions of this Compact shall not apply to, or interfere with, the right or power of either signatory state to regulate within its boundaries the appropriation, use and control of water, not incon- sistent with its obligations under this Compact. ARTICLE IX In maintaining the flows at the New Mexico-Texas state line re- quired by this Compact, New Mexico shall in all instances apply the principle of prior appropriation within New Mexico. ARTICLE X The failure of either state to use the water, or any part thereof, the use of which is apportioned to it under the terms of this Compact, shall not constitute a relinquishment of the right to such use, nor shall it constitute a forfeiture or abandonment of the right to such use. ARTICLE XI Nothing in this Compact shall be construed as; (a) Affecting the obligations of the United States under the Treaty with the United Mexican States (Treaty Series 994); (b) Affecting any rights or powers of the United States, its agencies or instrumentalities, in or to the waters of the Pecos Eiver, or its capacity to acquire rights in and to the use of said waters; (c) Subjecting any property of the United States, its agencies or instrumentalities, to taxation by any state or subdivision thereof, or creating any obligation on the part of the United States, its agencies or instrumentalities, by reason of the acquisition, construction or oper- ation of any property or works of whatever kind, to make any pay- ment to any state or political subdivision thereof, state agency, munici- pality or entity whatsoever, in reimbursement for the loss of taxes; (d) Subjecting any property of the United States, its agencies or instrumentalities, to the laws of any state to an extent other than the extent to which such laws would apply without regard to this Compact. ARTICLE XII The consumptive use of water by the IFnited States or any of its agencies, instrumentalities or wards, shall be charged as a use by the state in which the use is made; provided, that such consumptive use |