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<br />l' <br />'r <br />, <br /> <br />"<1'. <br />d~ <br />"of\ <br />N <br />(.,:-;> <br />c.)' <br /> <br />.~ <br /> <br />*i\ <br /> <br />) <br />, .' <br /> <br />') <br /> <br />In 1958 the contract was amended to provide that the actual <br /> <br />annual construction payment would be variable based on the amount <br /> <br />of water available for use in storage. <br /> <br />With some additional <br /> <br />amendments this contract is still applicable. payments under the <br /> <br />contract were not to commence until the completion of a 5-year <br /> <br />development period, after water became available for use. Because <br /> <br />of the effect of the Rio Grande Compact, water has not become <br /> <br />available for use and the contract remains executory. virtually <br /> <br />no payments have been,'made. <br /> <br />THE RIO GRANDE COM:PACT AND WATER USE IN THE CONEJOS DISTRICT <br /> <br />The Rio Grfnde Compact was executed by the States of Texas, <br />./ <br />New Mexico a~;d Colorado, with approval by congress, in 1938. It <br />divid~ the, right to use water between the states by imposing on <br />Colorado <'md New Mexico delivery requirements to the downstream <br /> <br />state,. That delivery requirement was based on a schedule in which <br />~he discharge would be a function of the amount of inflow, with <br /> <br />greater percentage deliveries required for higher inflows. In <br />recognition of natural departures from the relationship of inflows <br /> <br />to outflows, the upstream state was allowed to accumulate a "debit" <br /> <br />up to a specified maximum (100,000 AF for coloradoj 200,000 for New <br /> <br />Mexico). The belief was that the existing water uses would not <br /> <br />need to be curtailed. <br /> <br />2 <br />