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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