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Upper Colorado River Compact
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8/14/2012 3:45:01 PM
Creation date
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Water Supply Protection
Description
Upper Colorado River Compact
State
CO
Basin
Colorado Mainstem
Date
10/11/1948
Author
Carlson, Charles; Stone, Clifford; Wilson, Fred; Watson, Edward; Bishop, L. C.; Giles, Grover; Bashore, Harry
Title
Upper Colorado River Compact
Water Supply Pro - Doc Type
Compact
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to it by article III of this compact shall be in such quantities and at such times as shall be determined by the <br />commission upon the application of the following principles: <br />(a) The extent and times of curtailment shall be such as to assure full compliance with article III of <br />the Colorado river compact; <br />(b) If any state or states of the upper division, in the ten years immediately preceding the water year <br />in which curtailment is necessary, shall have consumptively used more water than it was or they were, as the <br />case may be, entitled to use under the apportionment made by article III of this compact, such state or states <br />shall be required to supply at Lee ferry a quantity of water equal to its, or the aggregate of their, overdraft or <br />the proportionate part of such overdraft, as may be necessary to assure compliance with article III of the <br />Colorado river compact, before demand is made on any other state of the upper division: <br />(c) Except as provided in subparagraph (b) of this article, the extent of curtailment by each state of <br />the upper division of the consumptive use of water apportioned to it by article III of this compact shall be <br />such as to result in the delivery at Lee ferry of a quantity of water which bears the same relation to the total <br />required curtailment of use by the states of the upper division as the consumptive use of the upper Colorado <br />river system water which was made by each such state during the water year immediately preceding the year <br />in which the curtailment becomes necessary bears to the total consumptive use of such water in the states of <br />the upper division during the same water year; provided, that in determining such relation the uses of water <br />under rights perfected prior to November 24, 1922, shall be excluded. <br />Article V <br />(a) All losses of water occurring from or as the result of the storage of water in reservoirs constructed <br />prior to the signing of this compact shall be charged to the state in which such reservoir or reservoirs are <br />located. Water stored in reservoirs covered by this paragraph (a) shall be for the exclusive use of and shall <br />be charged to the state in which the reservoir or reservoirs are located. <br />(b) All losses of water occurring from or as a result of the storage of water in reservoirs constructed <br />after the signing of this compact shall be charged as follows: <br />(1) If the commission finds that the reservoir is used, in whole or in part, to assist the states of the <br />upper division in meeting their obligations to deliver water at Lee ferry imposed by article III of the <br />Colorado river compact, the commission shall make findings, which in no event shall be contrary to the laws <br />of the United States of America under which any reservoir is constructed, as to the reservoir capacity <br />allocated for that purpose. The whole or that proportion, as the case may be, of reservoir losses as found by <br />the commission to be reasonably and properly chargeable to the reservoir or reservoir capacity utilized to <br />assure deliveries at Lee ferry shall be charged to the states of the upper division in the proportion which the <br />consumptive use of water in each state of the upper division during the water year in which the charge is <br />made bears to the total consumptive use of water in all states of the upper division during the same water <br />year. Water stored in reservoirs or in reservoir capacity covered by this subparagraph (b) (1) shall be for the <br />common benefit of all of the states of the upper division. <br />(2) If the commission finds that the reservoir is used, in whole or in part, to supply water for use in a <br />state of the upper division, the commission shall make findings, which in no event shall be contrary to the <br />laws of the United States of America under which any reservoir is constructed, as to the reservoir or reservoir <br />capacity utilized to supply water for use and the state in which such water will be used. The whole or that <br />proportion, as the case may be, of reservoir losses as found by the commission to be reasonably and properly <br />chargeable to the state in which such water will be used shall be borne by that state. As determined by the <br />commission, water stored in reservoirs covered by this subparagraph (b) (2) shall be earmarked for and <br />charged to the state in which the water will be used. <br />(c) In the event the commission finds that a reservoir site is available both to assure deliveries at Lee <br />ferry and to store water for consumptive use in a state of the upper division, the storage of water for <br />consumptive use shall be given preference. Any reservoir or reservoir capacity hereafter used to assure <br />deliveries at Lee ferry shall by order of the commission be used to store water for consumptive use in a state, <br />
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