S4_11-15-04

• Basin: Statewide
• Title: SWSI Phase 1 Report - Section 4 Legal Framework for Water Use
• Date: 11/15/2004
• Author: CWCB
• SWSI - Doc Type: Final Report

Section 4
Legal Framework for Water Use
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.
4.2.1 Arkansas Basin
Arkansas River Gompact of 194&
The Arkansas River Compact apportions the waters of
the Arkansas River between Colorado (60 percent) and
Kansas (40 percent) based on the inflow to John Martin
Reservoir. The Compact established the Arkansas River
Compact Administration to prescribe procedures for
Compact administration, including three representatives
from Colorado (a water user from above and below John
Martin Reservoir and the Director of the Colorado Water
Conservation Board), three Kansas representatives, and
a federal representative.
The 1980 Operating Principles, adopted by the Arkansas
River Compact administration, provide for storage
accounts in John Martin Reservoir and the release of
water from those accounts for Colorado and Kansas
water users. If the conservation pool in the reservoir is
depleted, Colorado is required to administer water rights
priorities in District 67 (downstream from John Martin).
During such periods, Water flowing into the reservoir
does not accrue to the accounts that are established
under the operating principles.
Colorado and Kansas have litigated claims concerning
Arkansas River water since the early 20th century. In
1995, Colorado was found to have depleted stateline
flows in violation of the Compact. The states are now
litigating the nature and extent of the injury before the
Supreme Court appointed Special Master. In response to
an order of the Court, the Colorado State Engineer
promulgated well administration rules to bring Colorado
into compliance with the Compact.24
4.2.2 Colorado Basin, Dolores/San
Juan/San Miguel Basin, Gunnison
Basin, and Yampa/White/Green
Basin
Calarado River Campact of 1922
The Colorado River Compact divides the Colorado River
Basin into the Lower Basin (California, Arizona, and
Nevada) and the Upper Basin (Colorado, Utah, New
z4 See 37-69-101 to 37-69-106 C.R.S.
~~
Mexico, and Wyoming) at Lee's Ferry, Arizona. It
allocates 7.5 million AF of CU to each basin per year.
The Compact allows the Lower Basin to increase its CU
by 1 million AFY. It provides that the Upper Basin deliver
to the Lower Basin 75 million AF during each 10-year
period. The Compact further provides for an allocation to
Mexico, first from surplus waters above the 15 million
AFY, and secondly splits obligation equally between the
basins. The balance of the water supply available to the
Upper Basin (approximately 7.5 million AFY) is allocated
for use in parts of Arizona, Colorado, New Mexico, Utah,
and Wyoming above Lee's Ferry. Lake Powell, located
immediately upstream of Lee's Ferry, is operated to
annually deliver 7.5 million AF plus any deficiency in the
flow required to meet Mexican Treaty obligations.25
Upper Colorado River Basin Compacf of 1948
Of the water available to the Upper Basin under the
Colorado River Compact, the Upper Colorado River
Compact further allocates to the Upper Basin CU of
Colorado River water as follows:
^ Arizona - 50,000 AFY
^ Colorado - 51.75 percent
^ Utah - 23 percent
^ Wyoming -14 percent
^ New Mexico -11.25 percent
In addition, the State of Colorado may not deplete the
flow of the Yampa River below an aggregate of 5 million
AF over any 10-year period.
Depending upon the interpretation of the Compacts,
other laws, and the amount of water in the river on
average, Colorado's right to the CU of water under the
Compacts may range from 3.079 million AF to
3.855 million AFY. Colorado currently consumes on
average about 2.3 million AFY with facilities in place to
use up to 2.6 million AF. Colorado's apportionment has
not been divided among the various subbasins within the
state. The Yampa and La Plata River Basins have
specific delivery obligations under the compacts. The
allocation and administration of any surpluses and
shortages under the compacts within Colorado will be
done according to existing law and subsequent rules and
regulations that may be adopted.26
zs See 37-61-101 to 37-61-104 C.R.S.
zs See 37-62-101 to 37-62-106 C.R.S.
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Sfvtewide Woter Supoly Initiofive
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