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<br />SECTION 1.A. APPLICABLE COMPACTS <br />The applicable Compacts are described below, followed by methodologies for evaluation of <br />"Compact Impairment". <br /> <br />Section 1.A.1 Colorado River Compact of 1922 <br />The Colorado River Compact (Compact) allocates water between the upper and lower Colorado <br />River Basin states. The current Hydrologic DetemLination, the best estimate of the water <br />available to the Upper Basin under the Compact, for planning purposes, is 6 million acre-feet <br />(mat). This amount, however, is in the process of being increased to approximately 6.22 mal'. <br /> <br />Colorado has no specific delivery requirement wlder this Compact in any river basin, including <br />the Animas River. <br /> <br />Section 1.A.2 Upper Colorado River Basin Compact of 1948 <br />The Upper Colorado River Basin Compact (DC Compact) allocates water among the Upper <br />Basin States. Colorado is entitled to 51.75% of the Hydrologic Determination for the Upper <br />Basin States. <br /> <br />Article XIV ofthe UC Compact states: <br /> <br />The State of Colorado agrees to deliver to the State of New Mexico from the San Juan River <br />and its tributaries which rise in the State of Colorado a quantity of water which shall be <br />sufficient, together with the water originating in the San Juan Basin in the State of New <br />Mexico, to enable the State of New Mexico to make full use of the water apportioned to the <br />State of New Mexico by Article In ofthis [UC] Compact subject, however, to the following: <br />(a) A first and prior right shall be recognized as to: <br />(1) All uses of water made in either State at the time of the signing of this Compact <br /> <br />This clause requires Colorado to deliver to New Mexico adequate water to meet New Mexico's <br />UC Compact apportionment, except that Colorado's Qre-1948 water rights are senior to New <br />Mexico's post-1948 water rights. Colorado is required to deliver water from the Animas River <br />adequate to meet New Mexico water rights within the Animas River basin, and possibly on the <br />San Juan River downstream of the confluence with the Animas River. <br /> <br />Section 1.A.3 Animas-La Plata Proiect Compact <br />The Animas-La Plata Compact (ALP Compact) was developed "in order to implement the <br />operation ofthe Animas-La Plata Federal Reclamation Project". Article I states: <br /> <br />The right to store and divert water in Colorado and New Mexico from the La Plata and <br />Animas River systems, including return flow to the La Plata River from the Animas <br />River diversions, for uses in New Mexico under the Animas-La Plata Federal <br />Reclamation Proiect shall be valid and of equal priority with those rights granted by <br />decree of the Colorado state courts for the uses of water in Colorado for that project <br />providing such uses in New Mexico are within the allocation of water made to that state <br />by articles nI and XIV of the upper Colorado River Compact [emphasis added] <br /> <br />