Page:United States Statutes at Large Volume 63 Part 1.djvu/202

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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.