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WSP09097
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Last modified
1/26/2010 2:51:12 PM
Creation date
10/12/2006 3:27:38 AM
Metadata
Fields
Template:
Water Supply Protection
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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<br />.c,-,'.,';",,'''' <br /> <br />34 <br /> <br />o <br /> <br />"d'I <br />..~ <br />o <br />C} <br /> <br />1. Do the schedules contained in Article III of the Rio Grande River <br /> <br />r- <br /> <br />Compact constitute separate and specific commitment on each river system, <br /> <br />or are the schedules merely determinative of Colorado's overall commit- <br /> <br />ment, thereby permitting the ultimate regulation of each river within the <br />state by the State Engineer pursuant to Colorado law? The water users in <br /> <br />the Conejos River Basin want the Rio Grande River administered as one unit <br /> <br />in Colorado since their priority <br />priority dates on the Rio Grande <br /> <br />dates are generally earlier than the <br /> <br />. 38 <br />River. They argue that the Compact did <br /> <br />not repeal the appropriation doctrine in Colorado and when a "call" is <br /> <br />made below the confluence of the Rio Grande River and the Conejos River, <br /> <br />water rights must be curtailed in reverse order. The Compact requirement <br /> <br />is the number one "call" on the river and the schedules contained in <br /> <br />Article III are merely mathematical calculations to determine the amount <br /> <br />of water to be sent to New Mexico. Thus, presumably water users on the <br /> <br /> <br />Rio ~rande woul d be curtailed if a "call" on the ri ver is made to fulfi 11 <br /> <br />Compact requirements. <br /> <br />On the other hand, the water users along the Rio Grande River feel <br />that the schedules in the Compact were required to establish a commitment <br />for each river basin regardless of the priority date. Historically the <br />Rio Grande River and the Conejos River were administered as two separate <br />rivers and negotiations at that time on the Rio Grande River recognized <br />the two river concept. As was previously pointed out, paragraphs lIB and <br />IIC of the State Engineer's Proposed Rules and Regulations would have <br />treated the 'Compact schedules as specific requirements for each river. <br /> <br />38 <br />See protests filed in People vs. The Mogote Ditch, supra. <br />
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