WSP09097

• File Number: 8510.100.40
• Description: Rio Grande Compact Commission
• Basin: Rio Grande
• Water Division: 3
• Date: 1/1/1979
• Title: San Luis Valley Water Problems: A Legal Perspective - Part I of II
• Water Supply Pro - Doc Type: Report/Study

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In violation of the order, agents of the Mogote Ditch Company apparently

restored the diversion of water to the company's historic priority amount,

thereby causing the state engineer to file suit against the Ditch Company,

seeking a temporary restraining order and a temporary and permanent in-
junction.8 On June 17, 1976, the temporary restraining order was granted,

and the matter is now before the court. Shortly thereafter several munic-
ipalities in the San Luis Valley filed suit, seeking to prevent the State
Engineer from reducing the amount of water they pump from wells for use
in their respective communities. Their unique theory is that the present
city wells are a substitute for the many small domestic wells which would
be exempt from regulation by the State Engineer.9

It is apparent that ever since the late 19th century grave water prob-

lems have existed in the San Luis Valley. As is evident from the three

recent aforementioned Colorado cases now before the courts, much disagree-

ment and uncertainty still exists. However, to get a better idea of the

water problem in the San Luis Valley, it will be helpful to closely examine

the various articles of the Rio Grande River Compact.

B. Rio Grande River Compact

The Rio Grande River Compact was signed at Santa Fe, New Mexico on

March 18, 1938.10 The document is complex and therefore it will be examined

article by article to help one better under its terms. (See Appendix D)

8people vs. Mogote Ditch Company, Case No. W-3560, Water Court, Third Div.

9CitY of Alamosa, et al., vs. Sherman, et al ., Case No. W-3593, Water
Court, Third Division.

10Section 37-66-101 CRS 1973.