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Compacts, Decrees, and Treaties Affecting CO's Water
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Compacts, Decrees, and Treaties Affecting CO's Water
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Last modified
1/26/2010 4:36:53 PM
Creation date
6/1/2009 2:00:40 PM
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Water Supply Protection
File Number
8461.350
Description
Legislation
State
CO
Basin
South Platte
Water Division
1
Author
CWCB
Title
Compacts, Decrees, and Treaties Affecting CO's Water
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with Iiexico concerning the waters of the Colorado River. In <br />recognition of article III(c) of the Colorado River Compact relating <br />to a future potential agreement with M;exico, Congress further sug- <br />gested that Arizona and Califorr.ia should mutually zgree to supply <br />the Lower Basin°s half oi any deficiency f-rom the main §tream of <br />the Colorado River. <br />Arizona adamantly refused to enter into the cospact suggested <br />by Congress, a situation which continues to exist. However, this <br />issue was at least partially laid to rest by the Supreme Court <br />decision in the case of Arizona vs. California, and by certain <br />prov3.sions of the Colora? ver Basin Project Act of 1968. <br />A further provision of the Boulder Canyon Project Act gave <br />congressional approval for the Upper Basin states to negotiate a <br />compact among themselves dividing among the respective states the <br />7.5 maf apportioned to the Upper Basin by the Colorado River Compact. <br />This the Upper Basin states did by the Upper Colorado River Basin <br />Compact of 1948. <br />3. Tqexican Treaty and Protocol of 1944 <br />On February 3, 1944, at Washington, D. C., a treaty was <br />executed between the United States and Mexico relating to the Colo- <br />rado Ri.ver and the Rio Grande. This treaty was subsequently rati- <br />fied by the United States Senate on April 18, 1945. The most <br />significant provision of that treaty relating to the Colorado River <br />is as foll.ows : <br />Article 10 <br />Of the waters of the Colorado River, _from any and a11 <br />sources, there are allotted to NIexico: (a) A guaranteed annual quantity of 1,500,000 acre-feet <br />(1,850,234,000 cubic meters) to be delivered in accordance <br />with the provisions of Article 15 of this Treaty. <br />(b) Any other quantities arriving at the Mexican points <br />of diversion, with the understanding that in any year in which, <br />as determined by the United States Section, there exists a <br />surplus of waters of the Colorado River in excess of the amount <br />necessary to supply uses in the United States and the guaranteed <br />quantity of 1,500,000 acre-feet (1,850,234,000 cubic meters) <br />annually to Nexico, tihe United SCates undertakes to deliver to <br />Mexico, in the manner set out in Article 15 of this Treaty, <br />additional waters of the Colorado River system to provide a <br />total quantity not to exceed 1,700,000 acre-feet (2,096,931,000 <br />cubic meters) a year. I-lexico shall acquire no right beyond <br />that provided by this subparagraph by the use of the waters of <br />the Colorado River system, for any purpose whatsoever, in excess <br />of 1,500,000 acre-fPp* (1.850,234,000 cubic meters) annually. <br />- 7-
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