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

La Plata River Compact

37-63-101.
37-63-102.

The La Plata River compact.
Approval of compact.

37-63-101. The La Plata River compact. The General
Assembly hereby approves the compact, designated as
the "La Plata River Compact", signed at the City of
Santa Fe, State of New Mexico, on the 27th day of
November, A. D. 1922, by Delph E. Carpenter as the
Commissioner for the State of Colorado, under authority
of and in conformity with the provisions of an Act of
the General Assembly of the State of Colorado,
approved April 2, 1921, entitled "An Act providing for
the appointment of a commissioner on behalf of the
State of Colorado to negotiate a compact or agreement
between the States of Colorado and New Mexico
respecting the use and distribution of the waters of the
La Plata River and the rights of said States thereto, and
making an appropriation therefor.", the same being
Chapter 244 of the Session Laws of Colorado, 1921,
and signed by Stephen B. Davis, Jr., as the
Commissioner for the State of New Mexico, under
legislative authority, which said compact is as follows:

La Plata River Compact
The State of Colorado and the State of New
Mexico, desiring to provide for the equitable
distribution of the waters of the La Plata River and to
remove all causes of present and future controversy
between them with respect thereto, and being moved by
considerations of interstate comity, pursuant to Acts of
their respective Legislatures, have resolved to conclude
a compact for these purposes and have named as their
commissioners:
Delph E. Carpenter, for the State of Colorado;
and Stephen B. Davis, JI., for the State of New Mexico;
who have agreed upon the following Articles:

Article I
The State of Colorado, at its own expense,
shall establish and maintain two permanent stream-
gauging stations upon the La Plata River for the purpose
of measuring and recording its flow, which shall be
known as the Hesperus Station and the Interstate
Station, respectively.
The Hesperus Station shall be located at some
convenient place near the village of Hesperus,
Colorado. Suitable devices for ascertaining and
recording the volume of all diversions from the river
above Hesperus Station, shall be established and
maintained (without expense to the State of New
Mexico), and whenever in this compact reference is
made to the flow of the river at Hesperus Station, it shall
be construed to include the amount of the concurrent
diversions above said station.
The Interstate Station shall be located at some
convenient place within one mile of, and above or
below, the interstate line. Suitable devices for
ascertaining and recording the volume of water diverted

by the Enterprise and Pioneer Canals, now serving
approximately equal areas in both States, shall be
established and maintained (without expense to the
State of New Mexico), and whenever in this compact
reference is made to the flow of the river at the
Interstate Station, it shall be construed to include one-
half the volume ofthe concurrent diversions by such
canals, and also the volume of any other water which
may hereafter be diverted from said river in Colorado
for use in New Mexico.
Each of said stations shall be equipped with
suitable devices for recording the flow of water in said
river at all times between the 15th day of February and
the 1st day of December of each year. The State
Engineers ofthe signatory States shall make provision
for co-operating gauging at the two stations, for the
details of the operation, exchange of records and data,
and publication of the facts.

Article II
The waters of the La Plata River are hereby
equitably apportioned between the signatory States,
including the citizens thereof, as follows:
1. At all times between the first day of
December and the fifteenth day of the succeeding
February, each State shall have the unrestricted right to
use of all water which may flow within its boundaries.
2. By reason of the usual annual rise and fall,
the flow of said river between the fifteenth day of
February and the first day of December of each year,
shall be apportioned between the States in the following
marmer:
(a) Each State shall have the unrestricted right
to use all the waters within its boundaries on each day
when the mean daily flow at the Interstate Station is one
hundred cubic feet per second, or more.
(b) On all other days the State of Colorado
shall deliver at the Interstate Station a quantity of water
equivalent to one-half ofthe mean flow at the Hesperus
Station for the preceding day, but not to exceed one
hundred cubic feet per second.
3. Whenever the flow of the river is so low
that in the judgment of the State Engineers of the States,
the greatest beneficial use of its waters may be secured
by distributing all of its waters successively to the land
in each State in alternating periods, in lieu of delivery of
water as provided in the second paragraph of this article
the use of the waters may be so rotated between the two
States in such manner for such periods, and to continue
for such time as the State Engineers may jointly
determine.

4. The State of New Mexico shall not at any
time be entitled to receive nor shall the State of
Colorado be required to deliver any water not then
necessary for beneficial use in the State of New Mexico.
5. A substantial delivery of water under the
terms of this Article shall be deemed a compliance with
its provisions and rninor and compensating irregularities
in flow or delivery shall be disregarded.

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