Colorado Water Conservation Handbook

• Year: 2004
• Title: CWCB Board Member Handbook
• CWCB Section: Administration
• Author: CWCB
• Description: Handbook containing phone numbers, addresses, statutes, rules, policies, straegic plans and Board member work plans.
• Publications - Doc Type: Other

water per annum, which shall include all water
necessary for the supply of any rights which may now
exist.
(b) In addition to the apportionment in
paragraph (a) the Lower Basin is hereby given the right
to increase its beneficial consumptive use of such waters
by one million acre per annum.
(c) If, as a matter of international comity, the
United States of America shall hereafter recognize in
the United States of Mexico any right to the use of any
waters of the Colorado River System, such waters shall
be supplied first from the waters which are surplus over
and above the aggregate of the quantities specified in
paragraphs (a) and (b); and if such surplus shall prove
insufficient for this purpose, then, the burden of such
deficiency shall be equally borne by the Upper Basin
and the Lower Basin, and whenever necessary the States
of the Upper Division shall deliver at Lee Ferry water to
supply one-half of the deficiency so recognized in
addition to that provided in paragraph (d).
(d) The states of the Upper Division will not
cause the flow of the river at Lee Ferry to be depleted
below an aggregate of75,OOO,OOO acre feet for any
period often consecutive years reckoned in continuing
progressive series beginning with the first day of
October next succeeding the ratification of this compact.
(e) The States of the Upper Division shall not
withhold water, and the States of the Lower Division
shall not require the delivery of water, which cannot
reasonably be applied to domestic and agricultural uses.
(f) Further equitable apportionment ofthe
beneficial uses of the waters of the Colorado River
System unapportioned by paragraphs (a), (b) and (c)
may be made in the manner provided in paragraph (g) at
any time after October first, 1963, if and when either
basin shall have reached its total beneficial consumptive
use as set out in paragraphs (a) and (b).
(g) In the event of a desire for a further
apportionment as provided in paragraph (f) any two
signatory States, acting through their Governors, may
give j oint notice of such desire to the Governors of the
other signatory States and to the President of the United
States of America, and it shall be the duty of the
Governor of the signatory states and of the President of
the United States of America forthwith to appoint
representatives, whose duty it shall be to divide and
apportion equitably between the Upper Basin and
Lower Basin the beneficial use of the unapportioned
water of the Colorado River System as mentioned in
paragraph (f), subject to the Legislative ratification of
the signatory States and the Congress of the United
States of America.

Article IV
(a) Inasmuch as the Colorado River has ceased
to be navigable for commerce and the reservation of its
waters for navigation would seriously limit the
development of its Basin, the use of its waters for
purpose of navigation shall be subservient to the uses of
such waters for domestic, agricultural and power

purposes. If the Congress shall not consent to this
paragraph, the other provisions of this compact shall
nevertheless remain binding.
(b) Subj ect to the provisions of this compact,
water of the Colorado River System may be impounded
and used for tlle generation of electrical power, but such
impounding and use shall be subservient to the use and
consumption of such water for agricultural and domestic
purposes and shall not interfere with or prevent use for
such dominant purposes.
(c) The provisions of this article shall not
apply to or interfere with the regulation and control by
any state within its boundaries of the appropriation, use
and distribution of water.

Article V
The Chief Official of each signatory State
charged with the administration of water rights, together
with the Director of the United States Reclamation
Service and the Director of the United States Geological
Survey shall co-operate, ex officio:
(a) To promote the systematic determination
and coordination of the facts as to flow, appropriation,
consumption and use of water ill the Colorado River
Basin, and the interchange of available information in
such matters.
(b) To secure the ascertainment and
publication of the annual flow of the Colorado River at
Lee Ferry.
(c) To perform such other duties as may be
assigned by mutual consent of the signatories from time
to time.

Article VI
Should any claim or controversy arise between
any two or more of the signatory States: (a) with respect
to the waters of the Colorado River System not covered
by the terrns of this compact; (b) over the meaning or
performance of any of the terms of this compact; (c) as
to the allocation of the burdens incident to the
performance of any article of this compact or the
delivery of waters as herein provided; (d) as to the
construction or operation of works within the Colorado
River Basin to be situated in two or more States, or to
be constructed in one State for the benefit of another
State; or (e) as to the diversion of water in one State for
the benefit of another State; the Governors of the States
affected, upon the request of one of them, shall
forthwith appoint Commissioners with power to
consider and adjust such claim or controversy, subject
to ratification by the Legislatures of the States so
affected.
Nothing herein contarned shall prevent the
adjustment of any such claim or controversy by any
present method or by direct future legislative action of
the interested States.

Article VII

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