7776

• UCREFRP Catalog Number: 7776
• Author: Paddock, W. A. and W. C. Weiss.
• Title: A Primer on Colorado Water Law.
• USFW Year: 1986.
• USFW - Doc Type: \
• Copyright Material: NO

by variable delivery schedules. In both Colorado and New Mexico,
several gauging stations are established. A percentage of the
water measured at the upstream gauges in both states must be de-
livered to the downstream state. The percentage of water that
must be delivered to the downstream states increases as the total
flow increases.
In 1968, the States of New Mexico and Texas sued the State of
Colorado alleging Colorado had failed to meet its delivery re-
quirements under the compact. New Mexico and Texas alleged that
Colorado had underdelivered by a total of 900,000 acre-feet of
water. Prosecution of this lawsuit was stayed by stipulation
among the states. The stipulation required Colorado to meet its
exact delivery obligation each and every year without fail and
also provided that, if Elephant Butte Reservoir in New Mexico
spilled, Colorado's alleged debt would be cancelled. In 1985;
Elephant Butte spilled and the suit was dismissed by stipulation.
7. Republican River Compact, 1942, sections 37-67-101 to
102, C.R.S. (1973T.
This compact is among the states of Colorado, Nebraska.and Kan-
sas. The compact apportions the waters not only of the Republi-
can River but of the Republican River Basin. Therefore, it en-
compasses more streams in Colorado than the Republican River.
The compact gives specific allocations of water to each state
based on the average annual virgin water supply originating in
the various drainage basins within the Republican River Basin.
8. Amended Costilla Creek Compact, 1963, sections 37-68-
101 to 102, C.R.S. (1973).
This is yet another interstate compact between Colorado and New
Mexico. It allocates water between the Colorado and New Mexico
users on Costilla Creek.
9. Arkansas River Compact, 1948, sections 37-69-101 to
106, C.R.S (1973).
This compact is between the states of Colorado and Kansas. The
centerpiece of the compact is John Martin Reservoir, a large
flood control and reclamation project reservoir located on the
mainstream of the Arkansas River near La Junta, Colorado. Under
the compact, water is continuously stored in the conservation
pool of John Martin. During the winter storage season, November
1 to March 31, Kansas is not entitled to demand that any water be
passed through John Martin. Colorado users downstream of John
Martin are entitled to up to 100 cfs. of flow through the reser-
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