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Allocation of the yield of the Closed Basin Project by agreement of the San Luis Valley water <br />users resolved the issue of regulating then-existing levels of ground water use that affected <br />surface flows of the Rio Grande and the Conejos River. <br />1985 <br />The U.S. Supreme Court dismissed with prejudice the Texas and New Mexico v. Colorado lawsuit <br />following the spill of Rio Grande Project storage water from Elephant Butte pursuant to the terms <br />of the Rio Grande Compact. <br />In light of the allocation of the yield of the Closed Basin Project by San Luis Valley Water Users, <br />the State Engineer's Office did not find it necessary to adopt new rules and regulations to curtail <br />existing levels of ground water use. Accordingly, the practice of curtailing surface water rights and <br />supplementing the deliveries with Closed Basin Project water remains the cornerstone of <br />Colorado's effort to satisfy the compact delivery obligations. This arrangement has been <br />administered successfully since 1985. <br />The Rio Grande Compact continues to be viewed as the overriding commitment on the river. By <br />comparing estimated compact delivery obligations with streamflow forecasts, water administrators <br />derive an estimate of the flows that must be passed on for benefit of the compact. The remaining <br />flows are available for distribution under the priority system to San Luis Valley water users. As the <br />irrigation season progresses, estimated flows become known flows, and the compact obligations <br />are re-evaluated. The division engineer compares the re-evaluated compact obligations with <br />actual deliveries approximately every 10 days and adjusts the curtailment, if necessary. <br />4.3 Amended Costilla Creek Compact <br />Costilla Creek originates in the mountains of Colorado just north of the border with New Mexico <br />and flows into New Mexico, where the first irrigation use occurs, and then back into Colorado. <br />The creek then turns south and joins the Rio Grand just south of the Colorado -New Mexico <br />border. In most years, however, no surface flow from Costilla Creek reaches the Rio Grande <br />River. Most of the water supply for irrigation in the basin comes from surface water. <br />There have been historical conflicts between the Costilla Creek water users in Colorado and New <br />Mexico. The Costilla Creek Compact was originally negotiated and signed in 1944. The compact <br />was amended in 1963, and some differences of opinion persist to the present time. According to <br />the compact, a water master is paid for by both Colorado and New Mexico to administer the <br />compact. Each state also provides an engineer advisor to the water master. Important issues in <br />the basin include maintenance of instream flows and timely data availability to help substantiate <br />the water master's water administrative decisions. <br />