Page:United States Statutes at Large Volume 63 Part 1.djvu/71

 81ST CONG., 1ST SESS.-CH. 48 -APR. 6, 1949 "(2) To the States of Colorado, New Mexico, Utah and Wyoming, respectively, the consumptive use per annum of the quantities resulting from the application of the following percentages to the total quantity of consumptive use per annum apportioned in perpetuity to and avail- able for use each year by Upper Basin under the Colorado River Compact and remaining after the deduction of the use, not to exceed 50,000 acre-feet per annum, made in the State of Arizona. "State of Colorado, 51.75 per cent; State of New Mexico, 11.25 per cent; State of Utah, 23.00 per cent; State of Wyoming, 14.00 per cent. " (b) The apportionment made to the respective States by paragraph (a) of this Article is based upon, and shall be applied in conformity with, the following principles and each of them: "(1) The apportionment is of any and all man-made depletions; "(2) Beneficial use is the basis, the measure and the limit of the right to use; "(3) No State shall exceed its apportioned use in any water year when the effect of such excess use, as determined by the Commission, is to deprive another signatory State of its apportioned use during that water year; provided, that this subparagraph (b) (3) shall not be construed as: "(i) Altering the apportionment of use, or obligations to make deliveries as provided in Article XI, XII, XIII or XIV of this Compact; "(ii) Purporting to apportion among the signatory States such uses of water as the Upper Basin may be entitled to under para- graphs (f) and (g) of Article III of the Colorado River Com- pact; or "(iii) Countenancing average uses by any signatory State in excess of its apportionment. "(4) The apportionment to each State includes all water necessary for the supply of any rights which now exist. "(c) No apportionment is hereby made, or intended to be made, of such uses of water as the Upper Basin may be entitled to under paragraphs (f) and (g) of Article III of the Colorado River Compact. "(d) The apportionment made by this Article shall not be taken as any basis for the allocation among the signatory States of any bene- fits resulting from the generation of power. "ARTICLE IV "In the event curtailment of use of water by the States of the Upper Division at any time shall become necessary in order that the flow at Lee Ferry shall not be depleted below that required by Article III of the Colorado River Compact, the extent of curtailment by each State of the consumptive use of water apportioned to it by Article III of this Compact shall be in such quantities and at such times as shall be determined by the Commission upon the application of the following principles: "(a) The extent and times of curtailment shall be such as to assure full compliance with Article III of the Colorado River Compact; "(b) If any State or States of the Upper Division. in the ten years immediately preceding the water year in which curtailment is neces- sary, shall have consumptively used more water than it was or they were, as the case may be, entitled to use under the apportionment made by Article III of this Compact, such State or States shall be required to supply at Lee Ferry a quantity of water equal to its, or the aggregate of their, overdraft or the proportionate part of such overdraft, as may be necessary to assure compliance with Article III of the Colorado River Compact, before demand is made on any other State of the Upper Division; 81939°- 50-Pr. I-3 33 63 STAT.]

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