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

(b) Waters used under rights from Henry's
fork, Beaver creek, Burnt fork, Birch creek and their
tributaries, initiated after the signing of this compact
shall be divided fifty per cent to the state of Wyoming
and fifty per cent to the state of Utah and each state may
use said waters as and where it deems advisable.
(c) The state of Wyoming assents to the
exclusive use by the state of Utah of the water of Sheep
creek, except that the lands, if any, presently irrigated in
the state of Wyoming from the water of Sheep creek
shall be supplied with water from Sheep creek in order
of priority and in such quantities as are in conformity
with the laws of the state of Utah.
(d) In the event of the importation of water to
Henry's fork, or any of its tributaries, from any other
river basin, the state making the importation shall have
the exclusive use of such imported water unless by
written agreement made by the representatives of the
states of Utah and Wyoming on the commission, it is
otherwise provided.
(e) All consumptive use of waters of Henry's
fork, Beaver creek, Burnt fork, Birch creek, Sheep
creek, and their tributaries shall be charged under the
apportionment of article III hereof to the state in which
the use is made; provided, that consumptive use incident
to the diversion, impounding or conveyance of water in
one state for use in the other shall be charged to the
latter state.
(f) The states of Utah and Wyoming each
assent to the diversion and storage of water in one state
for use in the other state, subject to compliance with
article IX of this compact. It shall be the duty of the
water administrative officials of the state where the
water is stored to release said stored water to the other
state upon demand. If either the state of Utah or the
state of Wyoming shall construct a reservoir in the other
state for use in its own state, the water users of the state
in which said facilities are constructed may purchase at
cost a portion of the capacity of said reservoir sufficient
for the irrigation of their lands thereunder.
(g) In order to measure the flow of water
diverted, each state shall cause suitable measuring
devices to be constructed, maintained and operated at or
near the point of diversion into each ditch.
(h) The state engineers of the two states jointly
shall appoint a special water commissioner who shall
have authority to administer the water in both states in
accordance with the terms of this article. The salary and
expenses of such special water commissioner shall be
paid, thirty per cent by the state of Utah and seventy per
cent by the state of Wyoming.

Article XIII
Subject to the provisions of this compact, the
rights to the consumptive use of the water of the Yampa
river, a tributary entering the Green river in the state of
Colorado, are hereby apportioned between the states of
Colorado and Utah ill accordance with the following
principles:

(a) The state of Colorado will not cause the
flow of the Yampa river at the Maybell gauging station
to be depleted below an aggregate of 5,000,000 acre-
feet for any period of ten consecutive years reckoned in
continuing progressive series beginning with the first
day of October next succeeding the ratification and
approval of this compact. In the event any diversion is
made from the Yampa river or from tributaries entering
the Yampa river above the Maybell gauging station for
the benefit of any water use project in the state of Utah,
then the gross amount of all such diversions for use in
the state of Utah, less any returns from such diversions
to the river above Maybell, shall be added to the actual
flow at the Maybell gauging station to determine the
total flow at the Maybell gauging station.
(b) All consumptive use ofthe waters of the
Yampa river and its tributaries shall be charged under
the apportionment of article III hereof to the state in
which the use is made; provided, that consumptive use
incident to the diversion, impounding or conveyance of
water in one state for use in the other shall be charged to
the latter state.

Article XIV
Subject to the provisions of this compact, the
consumptive use of the waters of the San Juan river and
its tributaries is hereby apportioned between the states
of Colorado and New Mexico as follows:
The state of Colorado agrees to deliver to the
state of New Mexico from the San Juan river and its
tributaries which rise in the state of Colorado a quantity
of water which shall be sufficient, together with water
originating in the San Juan basin in the state of New
Mexico, to enable the state of New Mexico to make full
use of the water apportioned to the state of New Mexico
by article III of this compact, subject, however, to the
following:
(a) A fIrst and prior right shall be recognized

as to:

(1) All uses of water made in either state at the
time of the signing of this compact; and
(2) All uses of water contemplated by projects
authorized, at the time of the signillg of this compact
under the laws of the United States of America whether
or not such projects are eventually constructed by the
United States of America or by some other entity.
(b) The state of Colorado assents to diversions
and storage of water in the state of Colorado for use in
the state of New Mexico, subject to compliance with
article IX of this compact.
(c) The uses of the waters of the San Juan river
and any of its tributaries within either state which are
dependent upon a common source of water and which
are not covered by (a) hereof, shall in times of water
shortages be reduced ill such quantity that the resulting
consumptive use in each state will bear tlle same
proportionate relation to the consumptive use made in
each state during times of average water supply as
determined by the commission; provided, that any
preferential uses of water to which Indians are entitled

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