DNR-Project-Final Report to Hecox

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Colorado Water for the 21St Century La Plata River Compact of 1922 Compact between Colorado and New Mexico Important Provisions: 1. State of Colorado shall at her own expense operate two gauging stations on the La Plata River; one being the Hesperus station and one being the interstate station at or near the state line. (Art. I) 2. Flow at the Hesperus station means the river flow at that station plus the amount of concurrent diversions above that station. (Art. I) 3. Flow at the interstate station means the river flow at that station plus one-half of the concurrent diversions of the Enterprise and Pioneer Canals, plus any other diversion in Colorado for use in New Mexico. (Art. I) 4. Both gages will be operated between February 15 and December 1. (Art. I) 5. Between December 1 and February 15, each state has unrestricted use of all water within its boundaries. (Art. II) 6. Between February 15 and December 1, the water shall be apportioned as follows: South Platte River Compact of 1923 Compact between Colorado and Nebraska Important Provisions: 1. "Upper Section" means that portion of the South Platte in Colorado upstream of the west boundary of Washington County. (Art. I) 2. "Lower Section" means that portion of the South Platte between the west boundary of Washington County and the state line. (Art. I) 3. "Flow of the river" means the measured flow at Julesburg plus the inflow below that station and above the diversion works of the Western Irrigation District in Nebraska. (Art. I) 4. The waters of Lodgepole Creek are divided at a point two miles north of the state line. Nebraska is entitled to exclusive use above the division point, and Colorado has exclusive use of all waters below the division point. (Art. III) 5. Colorado has the right to full and uninterrupted use of all the waters in the "Lower Section" during the period of October 15 to April 1, except that should Nebraska construct the South Divide Canal with a heading near Ovid, Colorado, then that canal will bear an appropriation date of December 17, 1921, and Colorado shall have full use of the waters in the "Lower Section" plus a. Each state has unrestricted use on those days where the interstate station has a mean daily flow of 100 cfs or more. (Art. II) b. 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. (Art. II) 7. Whenever the flow is so low that the state engineers of each state agree that greater beneficial use can be obtained, the water can be distributed to each state successively in alternate periods in lieu of the schedule set in (6) above. (Art. I I ) 8. Substantial delivery of water in accordance with the Compact is deemed a compliance, and minor irregularities shall be disregarded. (Art. II) 9. Compact can be modified or terminated by mutual consent of the signatory state. 35,000 acre-feet less the amount diverted by the South Divide Canal under its appropriation date during the period October 15 to April 1. (Art. IV and VI) 6. Between April 1 and October 15, Colorado shall not permit diversions from the "Lower Section" by Colorado appropriators whose decrees are junior to June 14, 1897, on any day when the interstate station shows a mean flow less than 120 cfs . (Art. IV) 7. Because of climatic conditions, minor irregularities in the delivery of water shall be disregarded. However, if a deficiency in delivery should result from neglect on the part of Colorado, the deficiency shall be made up within 72 hours. (Art. IV) 8. Colorado waives any objection it may have to the diversion of waters in Colorado for use in Nebraska through the Peterson Canal or other canals in the Julesburg Irrigation District. (Art. V) 9. The Compact may be modified or terminated by mutual consent of the signatory states. (Art. X) 6