161
63 STAT.]
81ST CONG., 1ST SESS.-CH. 184 -JUNE 9, 1949
quantity of water under the 1947 condition was non-beneficially
consumed by natural processes.
(i) The term "unappropriated flood waters" means water originating
in the Pecos River Basin above Red Bluff Dam in Texas, the im-
poundment of which will not deplete the water usable by the storage
and diversion facilities existing in either state under the 1947 condition
and which if not impounded will flow past Girvin, Texas.
ArTIcLE III
(a) Except as stated in paragraph (f) of this Article, New Mexico
shall not deplete by man's activities the flow of the Pecos River at
the New Mexico-Texas state line below an amount which will give to
Texas a quantity of water equivalent to that available to Texas under
the 1947 condition.
(b) Except as to the unappropriated flood waters thereof, the
apportionment of which is included in and provided for by para-
graph (f) of this Article, the beneficial consumptive use of the
waters of the Delaware River is hereby apportioned to Texas, and
the quantity of such beneficial consumptive use shall be included in
determining waters received under the provisions of paragraph (a)
of this Article.
(c) The beneficial consumptive use of water salvaged in New
Mexico through the construction and operation of a project or projects
by the United States or by joint undertakings of Texas and New
Mexico, is hereby apportioned forty-three per cent (43%) to Texas
and fifty-seven per cent (57%) to New Mexico.
(d) Except as to water salvaged, apportioned in paragraph (c)
of this Article, the beneficial consumptive use of water which shall
be non-beneficially consumed, and which is recovered, is hereby appor-
tioned to New Mexico but not to have the effect of diminishing the
quantity of water available to Texas under the 1947 condition.
(e) Any water salvaged in Texas is hereby apportioned to Texas.
(f) Beneficial consumptive use of unappropriated flood waters is
hereby apportioned fifty per cent (50%) to Texas and fifty per cent
(50%) to New Mexico.
ARTICLE IV
(a) New Mexico and Texas shall cooperate to support legislation
for the authorization and construction of projects to eliminate non-
beneficial consumption of water.
(b) New Mexico and Texas shall cooperate with agencies of the
United States to devise and effectuate means of alleviating the salinity
conditions of the Pecos River.
(c) New Mexico and Texas each may:
(i) Construct additional reservoir capacity to replace reservoir
capacity made unusable by any cause.
(ii) Construct additional reservoir capacity for the utilization
of water salvaged and unappropriated flood waters apportioned
by this Company to such state.
(iii) Construct additional reservoir capacity for the purpose
of making more efficient use of water apportioned by this Compact
to such state.
(d) Neither New Mexico nor Texas will oppose the construction
of any facilities permitted by this Compact, and New Mexico and
Texas will cooperate to obtain the construction of facilities that will
be of joint benefit to the two states.
(e) The Commission may determine the conditions under which
Texas may store water in works constructed in and operated by
New Mexico.
81939°-5 0-PT . I -11
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