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<br />Article I, Section 10 and Article II, Section 2 of the United States Constitution set forth <br />the federal authority for the making of treaties and interstate compacts. Questions regarding <br />interstate waters are negotiated by the states involved, and the agreements are then submitted <br />to Congress for approval. If no understanding is reached by negotiation, the Supreme Court <br />may be called upon to determine the apportionment of the disputed waters. Such interstate <br />compacts have been important in the history of the water resources of Colorado, for several <br />major streams cross the Colorado boundaries. <br /> <br />Here, briefly, are the agreements in which <br />Colorado is a participant. Note that the <br />Colorado River and the Rio Grande are also <br />international rivers, because they form part of <br />the boundary between the United States and <br />Mexico and because they cross into Mexico, <br />furnishing water to a portion of that country. <br /> <br />COLORADO RIVER COMPACT, 1922 <br /> <br />Waters of the Colorado River were <br />allocated by a compact between Upper and <br />Lower Basin states and the United States <br />Government. The Lower Basin includes those <br />parts of Arizona, California. Nevada, New <br />Mexico and Utah below Lee Ferry, Utah. Upper <br />Basin includes those parts of Arizona, Colorado, <br />New Mexico, Utah and Wyoming above Lee <br />Ferry. The compact allocated 7.500,000 <br />acre-feet of consumptive use per annum to each <br />of the two basins, with the Upper Basin required <br />to deliver 75 million acre-feet of water during any <br />ten consecutive year periods. <br />The Rio Grande, Colorado and Tijuana <br />Treaty of 1954 between the United States and <br />Mexico guaranteed delivery of 1,500,000 <br />acre-feet of water per year to Mexico from the <br />Colorado River. If there is not adequate surplus <br />water for delivery. the Upper and Lower Basins <br />are to share equally the burden of fulfilling any <br />deficiencies. <br /> <br />Page 14 <br /> <br />Water and Colorado's <br /> <br />UPPER COLORADO RIVER <br />BASIN COMPACT, 1948 <br /> <br />This compact apportioned waters of the <br />Upper Colorado River Basin which had been <br />allocated in the compact of 1922. The state of <br />Arizona was allocated 50,000 acre-feet, and the <br />other states were allocated the following <br />percentages of the remainder: <br /> <br />Colorado 51.75% <br />New Mexico 11.25% <br />Utah 23.00% <br />Wyoming 14.00% <br /> <br />The compact specified that Colorado <br />would not cause the flow of the Yampa River, at <br />the Maybelle Gauging Station, to be depleted <br />below an aggregate of five million acre-feet for <br />any ten consecutive year period. Colorado <br />agreed to deliver water to New Mexico from the <br />San Juan River and its tributaries in sufficient <br />quantity to enable New Mexico to make full use <br />of New Mexico's allocation. <br /> <br />REPUBLICAN RIVER COMPACT, 1942 <br /> <br />The states of Colorado, Kansas and <br />Nebraska and the United States Government <br />negotiated this compact to divide the waters of <br />the Republican River and its tributaries. If the <br />computed virgin flow varies more than ten <br />percent from the average, allocations will be <br />adjusted proportionately. <br />The state of Colorado is allocated 54,100 <br />acre-feet of water annually based on the average <br />computed virgin flow from the following streams <br />and in specified amounts: <br />North Fork of the Republican River, <br />10,000 acre-feet <br />Arikaree River, 15,400 acre-feet <br />South Fork of the Republican River, <br />25,400 acre-feet <br />Beaver Creek, 3,300 acre-feet <br />Frenchman Creek, the entire flow in <br />Colorado <br />Red Willow Creek, the entire flow in <br />Colorado <br />