Colorado State Water Plan 1974 (Phase II)

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State Water Laws, Policies, and Administration The compact specified that if the United States recognized any rights by the United States of Mexico in the Colorado River, the water would be supplied from the waters which are surplus to the allocations made, to the Upper and Lower Basins. If this surplus water is insufficient, then the burden of fulfilling the deficiencies will be equally borne by the Upper and Lower Basin states. The Rio Grande, Colorado, and Tijuana Treaty of 1945 between the United States and Mexico guaranteed delivery of 1, 500,000 acre-feet of water per year to Mexico from the Colorado River. Subsequent legislation, specifically Public Law 90-537 (Colorado River Basin Project Act), approved September 30, 1968, declared that the satisfaction of the requirements of the Mexican Water Treaty from the Colorado River constitutes a national obligation which shall be the first obligation of any water augmentation project planned pursuant to the act and authorized by Congress. It relieves both the Upper and Lower Basin states from the Colorado River Compact requirement covering deliveries of water to Mexico at such time as the Secretary of the Interior determines and proclaims that means are available and in operation for delivering annually into the Colorado River system sufficient water to satisfy the Mexican Water Treaty requirements together with associated losses. This relief is contingent upon the authorization and operation of a plan to augment the Colorado River water supply by 2-1/2 million acre-feet annually. La Plata River Compact, 1922 The States of Colorado and New Mexico, with the consent of Congress, entered into this compact for the division of the waters of the La Plata River. Between the period of the first day of December and the 15th day of February of each year, each state shall have unrestricted right to the use of water flowing within its boundaries. Between the 15th day of February and the first day of December, each state shall have unrestricted use of waters within its boundaries when the mean daily flow at the interstate station is 100 cubic feet per second or more. During this period, if the flow at the interstate station drops below 100 cubic feet per second, Colorado must deliver one-half of the mean flow at the Hesperus Station the following day, but delivery need not exceed 100 cubic feet per second. 2.15