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
La Plata River Compact of 1922
The La Plata River Compact apportions the La Plata
River in the Dolores/San Juan/San Miguel Basin
between Colorado and New Mexico. Between
December 1 and February 15, each state has
unrestricted use of all water within its boundaries.
Between February 15 and December 1, the water shall
be apportioned as follows: each state has unrestricted
use on those days where the interstate station has a
mean daily flow of 100 cfs or more; on all other days,
Colorado must deliver to the interstate station half of the
mean flow at Hesperus for the preceding day, but not
more than 100 cfs.27
Rio Grande, Colorado, and Tijuana Trsaty of 1944
Between the U. S. and Mexico
This treaty guarantees delivery of 1.5 million AF of
Colorado River water per year to Mexico. If there is not
adequate surplus water to satisfy the obligation, the
Upper and Lower Basins are to equally share the burden
of reducing uses to make up any deficiencies.
Anrmas-La Plata Praject Campact of 1968
This Compact provides New Mexico with the right to
divert and store water from the La Plata and Animas
River systems under the Project with the same validity
and equal priority as those rights granted by the
Colorado courts for Colorado users of Project water,
providing such uses are within New Mexico's allocation in
the Upper Colorado River Compact.28
Pot Creek Memorandum of Understanding
This Memorandum of Understanding between Colorado
and Utah for Pot Creek in the Green River drainage of
the Yampa/White/Green Basin establishes a schedule of
priorities for use in both states and defines a period
before which direct flow diversions cannot be exercised,
namely May 1 of each year.
4.2.3 Rio Grande Basin
indexed stations, which then by schedule in the Compact
determines the amount of flow that must be delivered to
the downstream state during that year. The Compact
establishes the Rio Grande Compact Commission to
administer the terms of the Compact. The Commission
consists of one representative from each state and a
non-voting federal representative.29
Amended Costilla Greek Compact of 1963
The Amended Costilla Creek Compact establishes uses,
allocations, and administration of the waters of Costilla
Creek in Colorado and New Mexico. The Compact
makes apportionments and allocations among specific
facilities. It is administered by the Costilla Creek
Compact Commission, which is composed of the water
officials from Colorado and New Mexico.3o
4.2.4 North and South Platte Basins
Sauth Flatte 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
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.31
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.32
Rio Grande F2iver Compact of 1938
The Rio Grande River Compact establishes Colorado's
obligation to ensure deliveries of water at the New
Mexico state line and New Mexico's obligation to assure
deliveries of water at the Elephant Butte Reservoir, with
some allowance for credit and debit accounts. The
obligations are calculated based on the amount of flow at
27 See 37-63-101 and 37-63-102 C.R.S.
ze See 37-64-101 C.R.S.
J~~a
$~ole'ri~ice Wo~e' $upplY Initia~ive
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
29 (See 37-66-101 and 37-66-102 C.R.S.
3o See 37-68-101 and 37-68-102 C.R.S.
31 See 37-65-101 C.R.S.
3z See 37-67-101 and 37-67-102 C.R.S.
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