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<br />. Mr. Travis Smith, Superintendent <br />October 16, 2003 <br />Page 4 <br /> <br />. <br /> <br />water years 1946-67, it would have reduced the water available to Colorado water users and it <br />would have increased the water available to Colorado water users in 1968-85. <br /> <br />The use of an enlargement to Rio Grande Reservoir would appear to us to be subject to <br />Articles III, VI, VII, and VIII of the Compact. Article III requires that the Del Norte index flow be <br />adjusted upward for any water retained in reservoir storage constructed after 1937. The <br />applicable provision in Article VI states <br /> <br />In the case of Colorado, no annual debit nor accrued del?it shall exceed 100,000 <br />acre feet, except as either or both may bE? caused..by holdover storage of water in <br />, <br /> <br />reservoi~s constructed after 1937 in the drainage basin of the Rio Grande above <br />Lobatos. Within the physical limitations of storage capacity in such reservoirs, <br />Colorado shall retain water in storage at all times to the extent of its accrued <br />debit. <br /> <br />. <br /> <br />Article VII states <br /> <br />Neither Colorado nor New Mexico shall increase the amount of water in storage <br />in reservoirs constructed after 1929 whenever there is less than 400,000 acre- <br />feet of usable water in Project Storage; provided, that if the actual releases of <br />usable water from the beginning of the calendar year following the effective date <br />of this Compact, or from the beginning of the calendar year following actual spill, <br />have aggregated more than an average of 790,000 acre-feet per annum, the time <br />at which such minimum stage is reached shall be adjusted to compensate for the <br />difference between the total actual release and releases at such average rate; <br />provided, further, that Colorado, or New Mexico, or both, may relinquish accrued <br />credits at any time, and Texas may accept such relinquished water, and in such <br />event the state, or states, so relinquishing shall be entitled to storage water in the <br />amount of the water so relinquished. <br /> <br />Article VIII states <br /> <br />. <br /> <br />During the month of January of any year the Commissioner for Texas may <br />demand of Colorado and New Mexico, and the Commissioner for New Mexico <br />may demand of Colorado, the release of water from storage reservoirs <br />