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I , 1 '..t' :( '1"' 'i"'''~ ....-l , :) I;) z TO THE PRESIDENT AJ'ID MEl>ffiERS OF THE DOARD RIO GRANDE IvATEll CONSERVATION DISTRICT Gentlemen: Following is a report prepared from our findings and preliminary study made for The Rio Grande \Va ter Conservation District from April 1968 to this time in connection with possible water salvage projects in the San Luis Valley of Colo- rado and our observations of problems that have developed subsequent to ratifi- cation of the Rio Grande Compact. STATEMENT OF THE SITUATION The Rio Grande Compact was ratified in 1939. The Compact stipulated Colorado's obligation to deliver water in the Rio Grande to New Mexico and Texas. The amount of Colorado's obligation was established by schedules Which required the Conejos River and the Rio Grande to deliver amounts of water proportional to the volume of water which passed certain specified index stations. Annual reports of the Rio Grande Compact Cormnission show that at the end of 1951, Colorado had a net delivery, since 1939, of 900 acre feet more than re- quired by the Compact. Colorado has not had a credit'balance at the end of any subsequent year although Colorado did meet its annual delivery in 1958 and 1966. On the basis of the schedule for the Conejos River and Rio Grande individually since 1951, the Commission reports indicate that the Rio Grande delivered iu excess of its schedule in 1958, 1966 and 1967; contrariwise, the ~ Conejos River has not delivered its scheduled volume although it lacked only 500 acre feet of meeting delivery in 1966. At the end of 1967, Colorado had a net debit balance of 944,400 acre feet as measured by the Compact schedule. Apparently New Hexico and Texas believed that Colorado would continue to accumulate a greater debit unless they took necessary action to require Colorado to meet the scheduled deliveries, and accordingly brought suit against Colorado. Colorado secured a continuance of the suit brought against it by Texas and New Hexico on the condition that "oo .the State of Colorado shall exercise its best efforts and use all available administrative powers including, if necessary, the curtailment of diversions... ". Accordingly, the State of Colorado, through the State Engineer, decided to administer the Rio Grande and Conejos River in a manner which would annually meet the delivery obligation as 'established by the schedules in the Rio Grande Compact. 'fhe policy adopted by the State Engineer to effect this decision was to estimate the annual,flow of each river to pass the index sta tions" rela te the estima ted runoff to the scheduled Compact delivery in terms of percent and administer the diversions from the rivers in a manner which at any time would allow the required percentage of flow to remain in the rivers to be measured as delivery at the Lobatos gaging station.