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the use is made; provided, that consumptive use incident to the diversion, impounding or conveyance of <br />water in one state for use in the other shall be charged to the latter state. <br />(f) The states of Utah and Wyoming each assent to the diversion and storage of water in one state for <br />use in the other state, subject to compliance with article IX of this compact. It shall be the duty of the water <br />administrative officials of the state where the water is stored to release said stored water to the other state <br />upon demand. If either the state of Utah or the state of Wyoming shall construct a reservoir in the other state <br />for use in its own state, the water users of the state in which said facilities are constructed may purchase at <br />cost a portion of the capacity of said reservoir sufficient for the irrigation of their lands thereunder. <br />(g) In order to measure the flow of water diverted, each state shall cause suitable measuring devices <br />to be constructed, maintained and operated at or near the point of diversion into each ditch. <br />(h) The state engineers of the two states jointly shall appoint a special water commissioner who shall <br />have authority to administer the water in both states in accordance with the terms of this article. The salary <br />and expenses of such special water commissioner shall be paid, thirty per cent by the state of Utah and <br />seventy per cent by the state of Wyoming. <br />Article XIII <br />Subject to the provisions of this compact, the rights to the consumptive use of the water of the Yampa <br />river, a tributary entering the Green river in the state of Colorado, are hereby apportioned between the states <br />of Colorado and Utah in accordance with the following principles: <br />(a) The state of Colorado will not cause the flow of the Yampa river at the Maybell gauging station <br />to be depleted below an aggregate of 5,000,000 acre -feet for any period of ten consecutive years reckoned in <br />continuing progressive series beginning with the first day of October next succeeding the ratification and <br />approval of this compact. In the event any diversion is made from the Yampa river or from tributaries <br />entering the Yampa river above the Maybell gauging station for the benefit of any water use project in the <br />state of Utah, then the gross amount of all such diversions for use in the state of Utah, less any returns from <br />such diversions to the river above Maybell, shall be added to the actual flow at the Maybell gauging station <br />to determine the total flow at the Maybell gauging station. <br />(b) All consumptive use of the waters of the Yampa river and its tributaries shall be charged under <br />the 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 XIV <br />Subject to the provisions of this compact, the consumptive use of the waters of the San Juan river and <br />its tributaries is hereby apportioned between the states of Colorado and New Mexico as follows: <br />The state of Colorado agrees to deliver to the state of New Mexico from the San Juan river and its <br />tributaries which rise in the state of Colorado a quantity of water which shall be sufficient, together with <br />water originating in the San Juan basin in the state of New Mexico, to enable the state of New Mexico to <br />make full use of the water apportioned to the state of New Mexico by article III of this compact, subject, <br />however, to the following: <br />(a) A first and prior right shall be recognized as to: <br />(1) All uses of water made in either state at the time of the signing of this compact; and <br />(2) All uses of water contemplated by projects authorized, at the time of the signing of this compact <br />under the laws of the United States of America whether or not such projects are eventually constructed by <br />the United States of America or by some other entity. <br />(b) The state of Colorado assents to diversions and storage of water in the state of Colorado for use <br />in the state of New Mexico, subject to compliance with article IX of this compact. <br />(c) The uses of the waters of the San Juan river and any of its tributaries within either state which are <br />dependent upon a common source of water and which are not covered by (a) hereof, shall in times of water <br />shortages be reduced in such quantity that the resulting consumptive use in each state will bear the same <br />