MetroSouthPlatteInterimBasinWaterSupplyNeedsReport (2)

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Section 4 Legal Framework for Water Use water user could take steps to eliminate certain phreatophytes and thereby "salvage" additional water. That water, however, is owed to the stream and does not necessarily accrue to the benefit of the specific water user conducting the "salvage" activity, since a water user cannot take credit for a "salvage" activity and thereby divert more water. 50 Salvage water is owed to the stream to be diverted by downstream water users pursuant to the priority system. 4.3 Interstate Compacts, Equitable Apportionment Decrees, and Memoranda of Understanding Similar to limitations imposed by the prior appropriation system, interstate compacts and equitable apportionment decrees also place limitations on water use in Colorado. Allocation of water supplies among states has been accomplished using compacts (negotiated interstate agreements ratified by Congress and the legislatures of the participating states) or interstate litigation. The following summarize the relevant interstate compacts and decrees for each river basin. For more information used in this subsection and additional details on the individual compacts and decrees, the reader is referred to Appendix D of the SWSI Report, A Summary of Compacts and Litigation governing Colorado's Use of Interstate Streams (Division of Water Resources [DWR] 2000) and the CWCB website at: http://cwcb.state.co.us/ SecD/interstate. htm. The CWCB actively protects the authority, interests, and rights of the state and its citizens in matters pertaining to interstate waters. The CWCB and other representatives appointed by the Governor are engaged in ongoing discussions with federal agencies and other states about water availability and utilization. 4.3.1 South Platte River Compact of 1923 The South Platte River Compact establishes Colorado's and Nebraska's rights to use water in Lodgepole Creek and the South Platte River. Nebraska has the right to fully use water in Lodgepole Creek. Colorado has the right to fully use water in the South Platte River between October 15 and April 1. Between April 1 and October 15, if the mean flow of the South Platte River at Julesburg 60 Southeastern Colorado Water ConselVancy Dist. v. Shelton Farms, Inc., 187 Colo. 181 (1975). S:\1177\Basin Reports\South Platte\S4_South Platte.doc drops below 120 cfs and water is needed for beneficial use in Nebraska, water rights in Colorado between the western boundary of Washington County and the state line (the "Lower Section") with priority dates junior to June 14, 1897 must be curtailed or augmented through an approved plan.51 4.3.2 Republican River Compact of 1942 The Republican River Compact establishes the rights of Colorado, Nebraska, and Kansas to water in the Republican River Basin and makes specific allocations of the right to make beneficial CU of water from identified streams. 52 4.3.3 Nebraska vs. Wyoming 325 U.S. 665 (1945) and 345 U.S. 981 (1953) The Nebraska vs. Wyoming U.S. Supreme Court Decree equitably apportions water in the North Platte River between Colorado, Nebraska, and Wyoming. Those portions of the decree affecting Colorado limit total irrigation in Jackson County to 145,000 acres and 17,000 AF of storage for irrigation during anyone irrigation season. It also limits total water exports from the North Platte River in Colorado to no more than 60,000 AF during any 1 O-year period. 4.3.4 Sand Creek Memorandum of Agreement (1939 and revised 1997) This Memorandum of Agreement between Colorado and Wyoming allocates the waters of Sand Creek between the states in accordance with the priority water rights in each state and provides for certain minimum deliveries to the state line by Colorado, if physically available and needed for irrigation in Wyoming. 61 See 37-65-101 C.R.S. 62 See 37-67-101 and 37-67-102 C.R.S. CONI 4-9