Colorado River Workshop Handbook for the CWCB July 20 2004

• Description: Colorado River Workshop Handbook for the CWCB July 20 2004
• State: CO
• Basin: Colorado Mainstem
• Date: 7/20/2004
• Title: Colorado River Workshop Handbook for the CWCB July 20 2004
• Water Supply Pro - Doc Type: Meeting

(b) Any signatory state, any person or any entity of any signatory state shall have the
right to acquire such property rights as are necessary to the use of water in conformity
with this compact in any other signatory state by donation, purchase or through the
exercise of the power of eminent domain. Any signatory state, upon the written request of
the governor of any other signatory state, for the benefit of whose water users property is
to be acquired in the state to which such written request is made, shall proceed
expeditiously to acquire the desired property either by purchase at a price satisfactory to
the requesting state, or, if such purchase cannot be made, then through the exercise of its
power of eminent domain and shall convey such property to the requesting state or such
entity as may be designated by the requesting state; provided, that all costs of acquisition
and expenses of every kind and nature whatsoever incurred in obtaining the requested
property shall be paid by the requesting state at the time and in the manner prescribed by
the state requested to acquire the property.
(c) Should any facility be constructed in a signatory state by and for the benefit of
another signatory state or states or the water users thereof, as above provided, the
construction, repair, replacement, maintenance and operation of such facility shall be
subject to the laws of the state in which the facility is located, except that, in the case of a
reservoir constructed in one state for the benefit of another state or states, the water
administration officials of the state in which the facility is located shall permit the storage
and release of any water which, as determined by findings of the commission, falls within
the apportionment of the state or states for whose benefit the facility is constructed. In the
case of a regulating reservoir for the joint benefit of all states in making Lee ferry
deliveries, the water administration officials of the state in which the facility is located, in
permitting the storage and release of water, shall comply with the findings and orders of
the commission.
(d) In the event property is acquired by a signatory state in another signatory state for
the use and benefit of the former, the users of water made available by such facilities, as a
condition precedent to the use thereof, shall pay to the political subdivisions of the state
in which such works are located, each and every year during which such rights are
enjoyed for such purposes, a sum of money equivalent to the average annual amount of
taxes levied and assessed against the land and improvements thereon during the ten years
preceding the acquisition of such land. Said payments shall be in full reimbursement for
the loss of taxes in such political subdivisions of the state, and in lieu of any and all taxes
on said property, improvements and rights. The signatory states recommend to the
President and the congress that, in the event the United States of America shall acquire
property in one of the signatory states for the benefit of another signatory state, or its
water users, provision be made for like payment in reimbursement of loss of taxes.
Article X
(a) The signatory states recognize La Plata river compact entered into between the
states of Colorado and New Mexico, dated November 27, 1922, approved by the congress
on January 29, 1925 (43 Stat. 796), and this compact shall not affect the apportionment
therein made.