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Mr. Travis Smith, Superintendent <br /> October 16, 2003 <br /> Page 4 <br /> water years 1946-67, it would have reduced the water available to Colorado water users and it <br /> would have increased the water available to Colorado water users in 1968-85. <br /> The use of an enlargement to Rio Grande Reservoir would appear to us to be subject to <br /> Articles III, VI, VII, and VIII of the Compact. Article III requires that the Del Norte index flow be <br /> adjusted upward for any water retained in reservoir storage constructed after 1937. The <br /> applicable provision in Article VI states <br /> In the case of Colorado, no annual debit nor accrued debit shall exceed 100,000 <br /> acre feet, except as either or both may be caused by holdover storage of water in <br /> reservoirs constructed after 1937 in the drainage basin of the Rio Grande above <br /> Lobatos. Within the physical limitations of storage capacity in such reservoirs, <br /> Colorado shall retain water in storage at all times to the extent of its accrued <br /> debit. <br /> Article VII states <br /> Neither Colorado nor New Mexico shall increase the amount of water in storage <br /> in reservoirs constructed after 1929 whenever there is less than 400,000 acre- <br /> feet of usable water in Project Storage; provided, that if the actual releases of <br /> usable water from the beginning of the calendar year following the effective date <br /> of this Compact, or from the beginning of the calendar year following actual spill, <br /> have aggregated more than an average of 790,000 acre-feet per annum, the time <br /> at which such minimum stage is reached shall be adjusted to compensate for the <br /> difference between the total actual release and releases at such average rate; <br /> provided, further, that Colorado, or New Mexico, or both, may relinquish accrued <br /> credits at any time, and Texas may accept such relinquished water, and in such <br /> event the state, or states, so relinquishing shall be entitled to storage water in the <br /> amount of the water so relinquished. <br /> Article VIII states <br /> During the month of January of any year the Commissioner for Texas may <br /> demand of Colorado and New Mexico, and the Commissioner for New Mexico <br /> may demand of Colorado, the release of water from storage reservoirs <br />