OCR Text |
Show COLORADO RIVER LITIGATION 607 (3) If insufficient mainstream water is available for re- lease, as determined by the Secretary of the Interior, to sat- isfy annual consumptive use of 7,500,000 acre-feet in the aforesaid three States, then the Secretary of the Interior, after providing for satisfaction of present perfected rights in the order of their priority dates without regard to state lines and after consultation with the parties to major delivery contracts and such representatives as the respective States may designate, may apportion the amount remaining avail- able for consumptive use in such manner as is consistent with the Boulder Canyon Project Act as interpreted by the opinion of this Court herein, and with other applicable federal statutes, but in no event shall more than 4,400,000 acre-feet be apportioned for use in California including all present perfected rights; (4) Any mainstream water consumptively used within a State shall be charged to its apportionment, regardless of the purpose for which it was released; (5) Notwithstanding the provisions of Paragraphs (1) through (4) of this subdivision (B), mainstream water shall be released or delivered to water users (including but not limited to public and municipal corporations and other public agencies) in Arizona, California, and Nevada only pursuant to valid contracts therefor made with such users by the Sec- retary of the Interior, pursuant to Section 5 of the Boulder Canyon Project Act or any other applicable federal statute; (6) If, in any one year, water apportioned for consump- tive use in a State will not be consumed in that State, whether for the reason that delivery contracts for the full amount of the State's apportionment are not in effect or that users cannot apply all of such water to beneficial uses, or for any other reason, nothing in this decree shall be construed as prohibiting the Secretary of the Interior from releasing such apportioned but unused water during such year for con- sumptive use in the other States. No rights to the recurrent use of such water shall accrue by reason of the use thereof; (C) From applying the provisions of Article T(d) of the Ari- zona water delivery contract dated February 9,1944, and the pro- visions of Article 5(a) of the Nevada water delivery contract dated March 30,1942, as amended by the contract dated January 3, 1944, to reduce the apportionment or delivery of mainstream water to users within the States of Arizona and Nevada by reason of any uses in such States from the tributaries flowing therein; (D) From releasing water controlled by the United States for use in the States of Arizona, California, and Nevada for the bene- fit of any federal establishment named in this subdivision (D) ex- cept in accordance with the allocations made herein; provided, however, that such release may be made notwithstanding the provisions of Paragraph (5) of subdivision (B) of this Article•; and provided further that nothing herein shall prohibit the United States from making future additional reservations of mainstream water for use in any of such States as may be au- thorized by law and subject to present perfected rights and rights |