PUBLIC LAWS--CH. 184-JUNE 9, 1949
(v) Measure any other quantities of water required to be
measured under the terms of this Compact which are susceptible
of being measured by the inflow-outflow method.
(d) If unappropriated flood waters apportioned to Texas are stored
in facilities constructed in New Mexico, the following principles shall
apply:
(i) In case of spill from a reservoir constructed in and operated
by New Mexico, the water stored to the credit of Texas will be
considered as the first water to spill.
(ii) In case of spill from a reservoir jointly constructed and
operated, the water stored to the credit of either state shall not be
affected.
(iii) Reservoir losses shall be charged to each state in propor-
tion to the quantity of water belonging to that state in storage at
the time the losses occur.
(iv) The water impounded to the credit of Texas shall be
released by New Mexico on the demand of Texas.
(e) Water salvaged shall be measured at or near the Avalon Dam
in New Mexico and to the quantity thereof shall be added a quantity
equal to the quantity of salvaged water depleted by man's activities
above Avalon Dam. The quantity of water salvaged that is appor-
tioned to Texas shall be delivered by New Mexico at the New Mexico-
Texas state line. The quantity of unappropriated flood waters
impounded under paragraph (d) of this Article, when released shall
be delivered by New Mexico at the New Mexico-Texas state line in the
quantity released less channel losses. The unappropriated flood waters
apportioned to Texas by this Compact that are not impounded in
reservoirs 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 an( control of water, not incon-
sistent with its obligations under this Compact.
ARrTILE IX
In maintaining the flows at the New Mexico-Texas state line
required 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);
65 Stat. 1219.
164
r63 STAT.
�
