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Mr. Travis Smith, Superintendent <br /> October 16, 2003 <br /> Page 5 <br /> constructed after 1929 to the amount of the accrued debits of Colorado and New <br /> Mexico, respectively, and such releases shall be made by each at the greatest <br /> rate practicable under the conditions then prevailing, and in proportion to the total <br /> debit of each, and in amounts, limited by their accrued debits, sufficient to bring <br /> the quantity of usable water in Project Storage to 600,000 acre feet by March first <br /> and to maintain this quantity in storage until April thirtieth, to the end that a <br /> normal release of 790,000 acre-feet may be made from Project Storage in that <br /> year. <br /> The limitations in the Tres Rios decree in Case No. 91CW29 would also appear to apply <br /> and be even more restrictive than the compact provisions listed above. This decree found that <br /> water would be available for the Tres Rios post-compact water rights only in years when either <br /> (1) Elephant Butte Reservoir has spilled or, in the judgment of Colorado's Commissioner on the <br /> Rio Grande Compact Commission, is certain to spill or (2) Colorado has obtained or, in the <br /> judgment of Colorado's Commissioner on the Rio Grande Compact Commission, is certain to <br /> obtain an annual credit in excess of 150,000 acre-feet. Any such diversions must also be in <br /> priority with respect to other water rights in Colorado. No diversions may be made at any other <br /> time in the absence of a plan for augmentation approved in the manner required by law. <br /> WATER AVAILABLE UNDER A POST-COMPACT WATER STORAGE RIGHT <br /> Under the Tres Rios criteria, water would have been available for storage in the reservoir <br /> enlargement in 1985, 1986, 1987, and 1995. These were years when Project Storage spilled. <br /> There were no years during 1946-2002 when Colorado achieved an annual credit of 150,000 <br /> acre-feet. The water that would have been available for storage in the reservoir enlargement in <br /> these years was estimated from daily records for the flow at the Del Norte gaging station as the <br /> portions of the flow that exceeded the demands of the downstream ditches, but limited to the <br /> outflow from Rio Grande Reservoir. The demands of the downstream ditches were taken as <br /> Demand <br /> Period (cfs) <br /> April 1-15 800 <br /> April 16-30 1,700 <br /> May 3,800 <br /> June 4,900 <br />