WSP11850

• File Number: 8510.100.40
• Description: Rio Grande Compact Commission
• Basin: Rio Grande
• Water Division: 3
• Date: 5/1/1974
• Title: San Luis Valley Water Problems: A Legal Perspective - Part II of II
• Water Supply Pro - Doc Type: Report/Study

ARTICLE 66
Rio Grande River Compact

37-66-101. Rio Grande River compact.__ The general assembi/
hereby approves the compact between the states of Colorado. lIew
Mexico. and Texas, designated as the "Rio Grande compact", signed
at the city of Santa Fe. state of New Mexico, On the 18th day of
March, A.D. 1938, by M. C. Hinderlider. commiSSioner for the state
of COlorado; Thomas ~1. MCClure, commissioner for the state of New
Mexico; Frank B. Clayton, commissioner for the state of Texas, and
approved by S. O. Harper, representative of the President of the
United States, which said compact is as fol lows:

RIO GRANOE COMPACT

The state of Colorado, the state of New Mexico, and the state of
Texas, desiring to remove all causes of present and future contro_
versy among these states and between citizens of one of these states
and citizens of another state with respect to the use of the waters
of the Rio Grande above Fort Quitman, Texas. and bei,ng Cloved by
conSiderations of interstate comity, and for the purpose of effect_
ing an equitabie apPortionment of such waters, have resolved to
conclude a COClpact for the attainment of these purpOses. and to
that er,G, through their respective governors, have naClEd as their
reSPEctive Cor'missioners:

Fo~ the state of Colorado__M. C. Hinderlider
For the 5 td te of ~~e\', Hex i co-- Thomas N. HeC 1 ure
For the state of TexaS--Frank B. Clayton

who. after negotiations participated in by S. O. Harper, apPOinted
by the President as the repreSentative of the United States of
America. have agreed upon the following articles. to-wit:

ARTICLE

(aJ The state of Colorado, the state of ~ew Mexico, the state
of TE/.dS, and the United States of A~erica. are hereinafter
designated "Colorado," "New ".Iexico," "Texas," and the 'Tnited
States." respectively.

(b) "The cOlll1T1ission" means the agency creatEd by this compact
for the administration thereof.

(c) The term "Rio Grande basin" means aJi of the territory
drained by the Rio Grande and its tributaries in Colorado, in New
Mexico. and in Texas abOve Fort Quitman. inClUding the closed
basin in Colorado.

(d) The "clOsed basin" means that part of the Rio Grande basin
in Colorado where the streams drain into the San I.uis lakes and
adjacent territory, and do not normally contribute to the flow of
the Rio Grande.

(e) The term "tributary" means any stream whicn naturally
contributes to the flow of the Rio Grande.

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(f) "Transmountain diversion" is water imported into the drainage
basin of the Rio Grande from any stream system outside of the Rio
Grande basin. exclusive of the closed basin.

(g) "Annual debits" are the amounts by' which actual del iveries
in any calendar year fa~l below scheduled deliveries.

(h)
!n any

"Annual credits" are the amounts by which
calendar year exceed ~cheduled deliveries.

actual deliveries

(;)
annual
periOd

'IAccrued debits" are the
debits exceeds the sum of
of time.

amounts by which the Sum of all
all annual credits OVer any common

(j)
annual
periOd

"Accrued credits" are the amounts by which the sum of all
credits exceeds .the sum of al J annual debits over any common
of time.

(k) "Project storage" is the combined capacity of Elephant Butte
reservoir and all other reservoirs actually available for the
storage of usable water below Elephant Butte and abOve the first
diversion to lands of the Rio Grande project, but not more than a
total of 2,63~,a60 acre-feet.

(J) "Usable water" is all water, exclusive of credit water,
which is in project storage and which is available for release in
accordance with irrigation demands, including deliveries to Mexico.

(m) "Credit water" is that amount of water in project stora,
which is equal to the accrued credit of Colorado. or New MeXico,
Or both.

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(n) "Unfilled capacity" is the difference between the total
physical capacity of project storage' and the amount of usable water
then in storage.

(0) "Actual release" is the amount of usable water released in
any calendar year from the lowest reservoir comprising project
storage.

(p) "Actual spill" is all water >!hich is actually spilled from
Elephant Butte reservoir, or is released therefrom for flood Control,
in excess of the Current demand on project storage and which does
not become usable water by storage in another reservoir; provided,
that actual spill of usable water cannot OCCur until all credit water
Shall have been spilled.

(q) "HYPothetical spill" is the time in any year at which usable
water would have spilled from project storage if 790.000 acre-feet
had been released therefrom at rates proportional to the actual
rei eaSe in every year from the starting date to the end of the yedr
in which hyPothetical spill OCCurs, in computing hypothetical spiil
the initial condition shall be the amount of usable water in project
storage at the beginning of the calendar year fOllOWing the effective
date of this :ompact, ana thereafter the initial conditiOn shall
be the amount of usable water in project storage at the beginning
of the calendar year fOllOWing each actual spill.