Final Draft ALP Marketing Supply and Demand Study

Section 4
Legal and Water Rights Issues
Involving the Use of the State's
Water
The A -LP Project has a long history of change due to political sensitivities. Because of these sensitivities,
the legal and water right issues surrounding the project must be considered prior to determining how
this water is going to be utilized. This section briefly describes the legal and water right issues that have
been identified to date.
4.1 Legal Issues
This section presents a listing of legal issues which may affect the marketing and use of the State Water.
It should not be considered comprehensive and it does not present a legal analysis of these issues.
1. Upper Colorado River Basin Compact
Operation of the A -LP Project and use of A -LP Project water will be influenced by provisions in the
Upper Colorado River Compact. As discussed in the Compact Compliance section (Section 3.2.4),
Articles IV and XIV of the Upper Colorado River Compact are significant with respect to operation of
the A -LP Project. Article IV provides guidance with respect to how the Upper Colorado River
Commission will determine the quantity of water each Upper Division state must deliver. The
Commission is currently in the process of developing more specific guidance on how it will
accomplish this determination. This guidance, in addition to the results of the State of Colorado's
Colorado River Compact Compliance Study, will help determine the effectiveness of using A -LP
Project water for compact compliance purposes.
Article XIV requires that Colorado deliver sufficient water from the San Juan River and its tributaries
to New Mexico that when added to the flow of the San Juan River and its tributaries in New Mexico
will allow New Mexico to make full use of the water apportioned to them by the Upper Colorado River
Compact. The terms of Article XIV have never been interpreted.
2. CWCB Colorado River Compact Compliance Study
The CWCB is initiating a study to evaluate options for determining how the State of Colorado could
curtail its water users should curtailment be required pursuant to the terms of the Upper Colorado
River Basin Compact. Implementing the most viable option will likely require development of Rules
and Regulations by the Colorado State Engineer. Development of Rules and Regulations may be
affected by how the Upper Colorado River Commission assigns the volumes to be curtailed by each
Upper Division State. This study will help determine how a compact compliance pool in the A -LP
Project might be utilized. The use of A -LP water for compact compliance is one of the most
promising uses for this water and should be fully considered, explored, and analyzed in the State's
current Compact Compliance Study.
4 -1
FINAL ALP Re port_1_13_11_LL. Docx