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

(2) If the commission finds that the reservoir is
used, in whole or in part, to supply water for use in a
state of the upper division, the commission shall make
findings, which in no event shall be contrary to the laws
of the United States of America under which any
reservoir is constructed, as to the reservoir or reservoir
capacity utilized to supply water for use and the state in
which such water will be used. The whole or that
proportion, as the case may be, of reservoir losses as
found by the commission to be reasonably and properly
chargeable to the state in which such water will be used
shall be borne by that state. As determined by the
commission, water stored in reservoirs covered by this
subparagraph (b) (2) shall be earmarked for and charged
to the state in which the water will be used.
(c) In the event the commission fmds that a
reservoir site is available both to assure deliveries at Lee
ferry and to store water for consumptive use in a state of
the upper division, the storage of water for consumptive
use shall be given preference. Any reservoir or
reservoir capacity hereafter used to assure deliveries at
Lee ferry shall by order of the commission be used to
store water for consumptive use in a state, provided the
commission finds that such storage is reasonably
necessary to permit such state to make the use of the
water apportioned to it by this compact.

Article VI
The commission shall determine the quantity
ofthe consumptive use of water, which use is
apportioned by article III hereof, for the upper basin and
for each state of the upper basin by the inflow-outflow
method in terms of man-made depletions of the virgin
flow at Lee ferry, unless the commission, by unanimous
action, shall adopt a different method of determination.

Article VII
The consumptive use of water by the United
States of America or any of its agencies,
instrumentalities or wards shall be charged as a use by
the state in which the use is made; provided, that such
consumptive use incident to the diversion, impounding,
or conveyance of water in one state for use in another
shall be charged to such latter state.

Article VIII
(a) There is hereby created an interstate
administrative agency to be known as the "Upper
Colorado river commission." The commission shall be
composed of one commissioner representing each of the
states of the upper division, namely, the states of
Colorado, New Mexico, Utah and Wyoming, designated
or appointed in accordance with the laws of each such
state and, if designated by the President, one
commissioner representing the United States of
America. The President is hereby requested to
designate a commissioner. If so designated the
commissioner representing the United States of America
shall be the presiding officer of the commission and
shall be entitled to the same powers and rights as the

commissioner of any state. Any four members of the
commission shall constitute a quorum.
(b) The salaries and personal expenses of each
commissioner shall be paid by the government which he
represents. All other expenses which are incurred by
the commission incident to the administration of this
compact, and which are not paid by the United States of
America, shall be borne by the four states according to
the percentage of consumptive use apportioned to each.
On or before December 1 of each year, the commission
shall adopt and transmit to the governors of the four
states and to the President a budget covering an estimate
of its expenses for the following year, and of the amount
payable by each state. Each state shall pay the amount
due by it to the commission on or before April 1 of the
year following. The payment of the expenses of the
commission and of its employees shall not be subject to
the audit and accounting procedures of any of the four
states; however, all receipts and disbursements offunds
handled by the commission shall be audited yearly by a
qualified independent public accountant and the report
of the audit shall be included in and become a part of
the annual report of the commission.
(c) The commission shall appoint a secretary,
who shall not be a member of the commission, or an
employee of any signatory state or of the United States
of America while so acting. He shall serve for such
term and receive such salary and perform such duties as
the commission may direct. The commission may
employ such engineering, legal, clerical and other
personnel as, in its judgment, may be necessary for the
performance of its functions under this compact. In the
hiring of employees, the commission shall not be bound
by the civil service laws of any state.
(d) The commission, so far as consistent with
this compact, shall have the power to:
(1) Adopt rules and regulations;
(2) Locate, establish, construct, abandon,
operate and maintain water gauging stations;
(3) Make estimates to forecast water run-off
on the Colorado river and any of its tributaries;
(4) Engage in co-operative studies of water
supplies of the Colorado river and its tributaries;
(5) Collect, analyze, correlate, preserve and
report on data as to the stream flows, storage, diversions
and use of the waters of the Colorado river, and any of
its tributaries;
(6) Make fmdings as to the quantity of water
of the upper Colorado river system used each year in the
upper Colorado river basin and in each state thereof;
(7) Make fmdings as to the quantity of water
deliveries at Lee ferry during each water year;
(8) Make fmdings as to the necessity for and
the extent of the curtailment of use, required, if any,
pursuant to article IV hereof;
(9) Make fmdings as to the quantity of
reservoir losses and as to the share thereof chargeable
under article V hereof to each of the states;
(10) Make fmdings offact in the event of the
occurrence of extraordinary drought or serious accident

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