WSP12055 - Laserfiche WebLink

Home Browse Search

',' 001891 . . C. Violations of the Upper Colorado River Basin Compact 1, Diversions Out of the Little Snake River Basin Violate Article XI (I) of the Upper Basin Compact. a, Plain language of paragraph (I) prohibits oLlt-of-basin use: Water use projects initiated after the signing of this compact, to the greatest extent possible, shall permit the full use within the basin in the most feasible manner of the waters of the Little Snake river and its tributaries, without regard to the state line. . . , b, The legislative history of Article XI (I). I. Colorado- Wyoming Little Snake Subcommittee meeting notes of September 16, 1948, clearly indicates paragraph (I) was added to prohibit diversions out of the Little Snake Basin. \I, Letter written by L.c. Bishop, the Upper Basin Compact Representative from the State of Wyoming, and the signatory for the State of Wyoming on the Upper Basin Compact, states that Article XI prohibits diversion of water out of the Little Snake Basin, 2, In the Alternative, if the Upper Basin Compact does not prohibit out of basin use, it requires protection and/or compensation for in-basin water users, a, The language in paragraph (I) must be given some meaning, Ifit doesn't prohibit out-of-basin use, it must be read to require compensatory storage or other appropriate protection for water users in the Upper Little Snake River Basin that who are most directly impacted, 3. Cheyenne's diversions from the Little Snake are in excess of beneficial use, a, ' Article XI (c) of the Upper Basin Compact explains that "water uses under the apportionment made by this article shall be in accordance with the principle that beneficial use shall be the basis, measure and limit of the right to use," b, In an average water year, the City of Cheyenne uses less than 25% of the amount of water diverted from the Little Snake Basin, c, The excess diversion is used for purposes and in places not authorized by the permits for the Exchange Project water rights, Ph04Q)