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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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expeditiously to acquire the desired property either by purchase at a price satisfactory to the requesting state, <br />or, if such purchase cannot be made, then through the exercise of its power of eminent domain and shall <br />convey such property to the requesting state or such entity as may be designated by the requesting state; <br />provided, that all costs of acquisition and expenses of every kind and nature whatsoever incurred in obtaining <br />the requested property shall be paid by the requesting state at the time and in the manner prescribed by the <br />state requested to acquire the property. <br />(c) Should any facility be constructed in a signatory state by and for the benefit of another signatory <br />state or states or the water users thereof, as above provided, the construction, repair, replacement, <br />maintenance and operation of such facility shall be subject to the laws of the state in which the facility is <br />located, except that, in the case of a reservoir constructed in one state for the benefit of another state or <br />states, the water administration officials of the state in which the facility is located shall permit the storage <br />and release of any water which, as determined by findings of the commission, falls within the apportionment <br />of the state or states for whose benefit the facility is constructed. In the case of a regulating reservoir for the <br />joint benefit of all states in making Lee ferry deliveries, the water administration officials of the state in <br />which the facility is located, in permitting the storage and release of water, shall comply with the findings <br />and orders of the commission. <br />(d) In the event property is acquired by a signatory state in another signatory state for the use and <br />benefit of the former, the users of water made available by such facilities, as a condition precedent to the use <br />thereof, shall pay to the political subdivisions of the state in which such works are located, each and every <br />year during which such rights are enjoyed for such purposes, a sum of money equivalent to the average <br />annual amount of taxes levied and assessed against the land and improvements thereon during the ten years <br />preceding the acquisition of such land. Said payments shall be in full reimbursement for the loss of taxes in <br />such political subdivisions of the state, and in lieu of any and all taxes on said property, improvements and <br />rights. The signatory states recommend to the President and the congress that, in the event the United States <br />of America shall acquire property in one of the signatory states for the benefit of another signatory state, or <br />its water users, provision be made for like payment in reimbursement of loss of taxes. <br />Article X <br />(a) The signatory states recognize La Plata river compact entered into between the states of Colorado <br />and New Mexico, dated November 27, 1922, approved by the congress on January 29, 1925 (43 Stat. 796), <br />and this compact shall not affect the apportionment therein made. <br />(b) All consumptive use of water of La Plata river and its tributaries shall be charged under the <br />apportionment of article III hereof to the state in which the use is made; provided, that consumptive use <br />incident to the diversion, impounding or conveyance of water in one state for use in the other shall be <br />charged to the latter state. <br />Article XI <br />Subject to the provisions of this compact, the consumptive use of the water of the Little Snake river <br />and its tributaries is hereby apportioned between the states of Colorado and Wyoming in such quantities as <br />shall result from the application of the following principles and procedures: <br />(a) Water used under rights existing prior to the signing of this compact. <br />(1) Water diverted from any tributary of the Little Snake river or from the main stem of the Little <br />Snake river above a point one hundred feet above the confluence of Savery creek and the Little Snake river <br />shall be administered without regard to rights covering the diversion of water from any down- stream points. <br />(2) Water diverted from the main stem of the Little Snake river below a point one hundred feet <br />below the confluence of Savery creek and the Little Snake river shall be administered on the basis of an <br />interstate priority schedule prepared by the commission in conformity with priority dates established by the <br />laws of the respective states. <br />(b) Water used under rights initiated subsequent to the signing of this compact. <br />
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