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<br /> <br />I. . . . <br /> <br /> <br />(b) Or all other days Colorado shall deliver to New <br />Mexico a qU,antity of water equivalent to one-half of the mean <br />flow at Hes~erns fOl' the preceding day, but in no event shall <br />be required] to deliver more than 100 cubic feet per second. <br /> <br />. (3) The ettremely low flow of the river may be rotated be- <br />tween users in t~e two States for such periods and for such times <br />as the State E~gineers may hereafter determine. . <br /> <br />(4) Colo~*do shaIl not at any time be required to deliver <br />any water to N1. w Mexico not then necessary for beneficial use in <br />that State. . <br /> <br />(5) Subs~ntial compliance with tbe provisions of the arti- <br />cle shall be sU'1'cient. <br /> <br />Article III provides that the State Engineers of the two States <br />may formulate Tules and regulations for carrying out the provi- <br />sions of the c;,: mpact, which shaIl binding until amended or <br />abrogated. . <br /> <br />Article V rovides that the compact shall not establish any <br />general prinCiJIt or precedent and is based upon the facts pecu- <br />liar to the stre m. ; <br /> <br />By Article I I the compact may be modified or terminated at <br />any time by m'1tual consent. <br />I <br />i <br />I FURTHER COMMEN'r <br />i <br />The La Pl~ta Riv(Jr rises in the mountains of Colorado and <br />flows south iuto New Mexico, where it joins the San Juan. It has <br />a rapid flow a~d has eroded a deep valley. It passes through <br />table lands fro. Whi.Ch tributary waters enter through gulches <br />and arroyos. ost of the water supply' comes from the high <br />mountains, but a considerable flow enters the stream from the <br />mesa areas in olorado. There is a considerable flow of waste <br />and return waters from the irrigated lands between Hesperus <br />and the Interstpte Line. This flow will increase with expansion <br />of the irrigateq area in Colorado. <br /> <br />A consid. er;'ble part of the irrigation in New Mex. ico was prior <br />to that in ColOlado. Most of the Colorado area was a part of the <br />Ute Indian Re ervation during the development iu New Mexico. <br />The Colorado ~ea was developed, in large part, after the reser- <br />vation was ope ed for settlement. The diversions in New Mex- <br />ico aggregate a out 120 cubic feet per second, but there is about <br />20 second feet Sf increment to the flow of the river (in New Mex- <br />ico) from seep~ge and .waste. <br /> <br />The major Ipart of the fl,ow from the mountains in Colorado <br />passes the villa' e of Hesperus. Between Hesperus and the. Inter- <br />state Line vari us gulches and arroyos deliver more or less water. <br />With the openig of Spring, the snows on the lower mesas are the <br /> <br />[ 4 ] <br />