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WSP11850
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Last modified
1/26/2010 3:19:05 PM
Creation date
10/12/2006 5:13:49 AM
Metadata
Fields
Template:
Water Supply Protection
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
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<br />In the case of Colorado. no annuar debit" nor .accrued debit shall <br />exceed 100,000 acre-feet. except as either or both may be caused by <br />holdover storage Of water in reservoirs constructed after 1937 1n the <br />drainage basin of the Rio Grande above Lobatos. Hithin the physical <br />limitations of storage capacity in such reservoirs. Colorado shall <br />retain water in storage at all times to the extent of its accrued <br />deb i t. <br /> <br />In the case of New Mexico. the accrued debit shall not exceed <br />200.000 acre-feet at any time. except as such debit may be caused <br />by holdover storage of water in reservoirs constructed after 1929 <br />in the drainage basin of the Rio Grande between Lobatos and San <br />Marcial. Within the physical limitations of storage capacity in <br />such reservoirs. New Mexico shall retain water in storage at all <br />times to the extent of its accrued debit. In computing the magnitude <br />of accrued credits or debits. New Mexico shall not be charged with <br />any greater debt in anyone year than the sum of 150,000 acre-feet <br />and all gains in the quantity of water in storage in such year. . <br /> <br />The cOll1Ilission by unanimous action may authorize the release from <br />storage of any amou.nt of water which is then being held in storage <br />by reason of accrued debits of Colorado or r.!ew ~1exico; provided, that <br />such water shall be replaced at the first opportunity thereafter. <br /> <br />In cO":iputinlj the amount of accrued credits and accrued debits <br />of Colcrado or New ~exico. any annual credits in excess of 150,000 <br />a~re-fee: sha~l be taken as equal to that amount. <br /> <br />In any year in vlhich actud-l spill occurs, the accrued credits <br />of.Colorddo. or fieri Mexico, or both. at the beginning of the year <br />shall be reduced in proportion to their respective credits by the <br />amolll'1t Df such Clctual spill; prQvided, that the (lnlount of actual <br />spill shall be deemed to be increased by the agQregate gain in the <br />amount of water in storage, prior to the tiw.e of spi1l, in reservoirs <br />above San Marcial constructed after 1929; provided. further, that if <br />the commissioners for the states having accrued credits authorized <br />the release of part. or all. of such credits in advance of spill, <br />the amount so released shall be deemed to constitute actual spill. <br /> <br />In any year in which there is actual spill of usable water. or at <br />the time of hypothet i ca 1 spi 1 1 thereof. a 11 accrued debi ts of Co 1 orado <br />or New Mexico. or both, at the beginning of the year shall be <br />cancelled. <br /> <br />In any year in which the aggregate of accrued debits of Colorado <br />and NeVI Mexico exceeds the minimum unfilled capacity of project , <br />storage, such debits shall be reduced proportionally to an aggregate <br />amount equal to such minimum unfilled capacity. <br /> <br />To the extent that accrued credits are impounded in reservoirs <br />between San ~larcial and Courchesne, and to the extent that accrued <br />debitS are impounded in reservoirs abo'/e San !'~arcial, such credits <br />and debits shall be reduced annually to compensate for evaporat:on <br />losses in the proportion that such credits or debits bore to the <br />total am(HlOt of watel' in such reservoirs during the year, <br /> <br />001517 <br /> <br />ARTIClE VII <br /> <br />Neither Colorado nor New Mexico shall increase the amount of <br />water in storage in reservoirs constructed after 1929 whenever <br />there is less than 400,000 acre-feet of usable water in project <br />storage; provided. that if the actual releases of usable water from <br />the beginning of the calendar year following the effect,ve date.of <br />this compact, or from the beginning of the calendar year follow,ng <br />actual spill, have aggregated more than an average of.790.000 acre- <br />feet per annum; the t~me at which such minimum stage 1S rea~hed <br />shell be adjusted to compensate for the difference between the <br />total actual release and releases at such average rate; provlded. <br />further, that Colorado or New Mexico. or both. may relinqu~sh , <br />accrued credits at any time. and Texas may accept suc~ re~'n~ulshed <br />water. and in such event the state. or states. so rel1nqu1shlng <br />shall be entitled to store water in the amount of the ~ater so <br />relinquished. <br /> <br />ARTICLE VI II <br /> <br />Ouring the month of January of any year the commissioner for <br />Texas may demand of Colorado and New Mexico. and the commlS~loner <br />for New Mexico may demand of Colorado. the release of ~Iater from <br />storage reservoirs constructed after 1929 to the a~ount of the <br />accrued debits of Colorado and New Mexico. respectlvely, and such <br />releases shall be made by each at the greatest rate practicable <br />under the conditions then prevailing. and in proportion to the total <br />debit of each, and in 3~o~nts. limited by their accrued debits. <br />sufficient to bring the quantity of usable water in project ~~~~~~n <br />to 600.000 acre-feet by March first and to maintain this quan~!cJ <br />in storage until April thirtieth, to the end that a normal release <br />of 790.000 acre-feet may be made from project storage in that year. <br /> <br />o <br />I <br />-l>o <br /> <br />ARTICLE IX <br /> <br />Colorado agrees with New Mexico that in event the United States <br />or the state of New Mexico decides to construct the necessary works <br />for diverting the waters of the San Juan river. or any of its <br />tributaries. into the Rio Grande. Colorado hereby consents to the <br />construction of said wJrks and the diversion of waters from the <br />San Juan river or the tributaries thereof, into the Rio Grande in <br />.New Mexico, pr~vided the present and prospective uses of water in <br />Colorado by other diversions from the San Juan river. or its <br />tributaries are protected. <br /> <br />ARTICLE X <br /> <br />In the event v.'ater from another drainage basin shall be imported <br />into the Rio Grande basin by the United States or Colorado or New <br />Mexico. or any of them jointly, the state having the right to the <br />use of such water shall be given proper credit therefor in the <br />application of the sc~edules, <br /> <br />ARTICLE XI <br /> <br />r~e...' i1e\ic.o and Texas agree that upon the effective,',-'-,~~te of this. <br />compact all controversies between said states relativi. ,the quantIty, <br />._~__ ~~ +-hn O~" r:"'':lntip ~rp ('nmnno;pd-'and settled~ <br />
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