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Show PECOS RIVER COMPACT 247 in Eddy County, New Mexico, for the use and benefit of forty thousand (40,000) acres of land in Loving, Reeves, Ward, Crane and Pecos Counties, Texas, and to store any surplus waters to which Texas may be entitled, and to acquire by purchase, prescription or the exercise of eminent domain, such rights of way, easements, or lands as may be necessary for the construction, maintenance and operation of said reservoir: Provided, that said reservoir shall be constructed and in operation on or before the first day of January, 1940, and provided further, that the construction, maintenance and operation of said reservoir shall not vest in Texas any prior, preferred or superior servitude upon or claim or right to the waters of the Pecos River in New Mexico. "article vi "All surplus water flowing in the Pecos River within the Middle or Lower Basins, over and above that required for domestic use, the ade- quate and proper irrigation of seventy-six thousand (76,000) acres of land in the Middle Basin and forty thousand (40,000) acres of land in the Lower Basin, shall be divided equally between the signatory States. All permits issued by either New Mexico or Texas, prior to January 1,1940, for the use of the surplus waters shall specifically state that the rights granted by said permits are and shall be subservient to prior rights for seventy-six thousand (76,000) acres of land in the Middle Basin and forty thousand (40,000) acres of land in the Lower Basin. "article vri "1. Texas and New Mexico, at their joint expense, shall maintain a stream gaging station upon the Pecos River at or near Malaga, Eddy County, New Mexico, for the purpose of ascertaining the amount of surplus water flowing in said river. The location of said gaging sta- tion may, by mutual consent, be changed from year to year as condi- tions of the river may require. "2. The State engineer of New Mexico and the Board of Water Engineers for Texas, shall make provisions for the co-operative gaging of and the details of operating said station and for the exchange and publication of records and .data relative to the discharge of the river at said station. "article viii "The use of any impounded water of the Pecos River system for the generation of electrical power shall be subservient to the use and consumption of such water for agricultural and domestic purposes and shall not interfere with or prevent the use for such dominant purposes. "article ix "Notwithstanding any limitations or restrictions, either expressed or implied, in this compact upon the area to be irrigated in the Middle Basin, New Mexico, shall have the right on and after January 1,1940, to extend and increase the irrigated area within the Middle Basin, over and above seventy-six thousand (76,000) acres, one-fifth (y5) of an acre; "1. For each and every acre foot that the aggregate effective storage capacity of all reservoirs, now or hereafter constructed for the use of |