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Last modified
1/26/2010 2:58:41 PM
Creation date
10/12/2006 4:18:14 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8543.600
Description
San Luis Valley Project
State
CO
Basin
Rio Grande
Date
8/1/1984
Author
USDOI/BOR
Title
San Luis Valley Project - Colorado - Closed Basin Division - Facts and Concepts
Water Supply Pro - Doc Type
Publication
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<br />3594 <br /> <br />3 <br /> <br />'." <br /> <br />One hears a great deal about the Compact, more con than pro. Misinformation <br />about it is plentiful. It is a complicated document. It could not be <br />simple because of the complex situation which is its subject. Perhaps the <br />wisest perspective is to simply view the Compact as a fact of life. Tt was <br />argued all the way up to the U.S. Supreme Court and stood. Tn fact, the <br />1966 u.s. Supreme Court case w'BS "continued" and a formal ruling wa5 not <br />made. The parties essentially settled out of court for the same reasons <br />private individual~ faced with a lawsuit would. The States faced a srnall <br />chance of coming out of court a little better off than they went in, a <br />small chance of coming out a lot worse, the probability of comin~ out about <br />the same, and a 100 percent certainty that the lawyer's bill woul1 be <br />waiting re~arJless of the outcome. Colorado promised to l:Ieet the annual <br />water delivery r~quirements of the COr.1.p3Ct. However, the State refu~;ed to <br />formally ackno\lledge thE' 900,000 acre-feet "water debt" which Nel.J Mexico <br />and rexas maintained that Colorado has built up by allegedly failinR con- <br />sistently to mpet annual deliveries scheduled by the Compact between 1939 <br />and 1966. Colorado dd prumise to attempt to "pay oU" the alleged debt as <br />a gesture of "good to/ill." The other States and the court agreed to put the <br />case lion hold," provided that Colorado did mE"et its ComiJact obligati.on <br />every year. <br /> <br />To return to the "CoP.lpact-as-a-fact-of-life" concept; Valley residents who <br />maintain that the Co~pact is unf~ir are simply wrong. Those who say that <br />it is a darned nuisance have a pretty good point. Things would be simpler <br />if thp Valley could just use all the water it wanted to without worrying <br />about whether any water at all flowed downstreau. That would not be fair. <br />The fact that some water must flow downstream is not even an open question. <br />How much and how that "hm" muchl! is to be accomplished are what the argu- <br />ments are all about. A few facts about the compact may advance the goal of <br />I!living with it." <br /> <br />, <br /> <br />rhe overall purpose of the Compact is to assure that the relationship of <br />annual flows acrosS State boundaries which had developed by the early 20th <br />century is maintained. This does not mean that the same fixed absolute <br />quantity is supposed to flow across each State's boundaries every year. The <br />terms of the Compact are flexible. They recognize variations in natural <br />flows Ero~ year to year and anticipate that new sources of water Ear the <br />Rio Grande Basin would develop over the years. It is worth remembering <br />that Colorado has the most difficulty meeting its delivery requirement in <br />years when the river's flow is high. In years of low to average flou, the <br />requirements are so small that they can be met almost without being <br />noticed. The Compact also has provisions which let the States accumulate <br />water credits and debts, but it does prevent any State from accumulating so <br />much "credit" that it could shut ofE riverElm/ to the. downstream State for <br />I or several years. Such action would ruin thousands of farmers. Both the <br />Compact and the Treaty with Mexico are negotiated agreements, one probably <br />hears about as much complaining about them on every siae of the various <br />borders. A basic rule of international Hplomacy appears to apply. If all <br />of the parties to an agreement are unhappy with it, the agreement is almost <br />surely a fair one. <br />
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