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<br />467 <br /> <br />- l2 - <br /> <br />25~ of the water went by, or one-third. T~e <br />Supreme Court can do about as it pleases and <br />I recognize in water matters they will do <br />whatever is necessary," <br /> <br />MR. KELLY: <br /> <br />"Is there any limit as to the number of <br />years in which it will have to be made up?" <br /> <br />"The limits are somewhat artificial and work <br />against Colorado. Colorado can never pfficially <br />have a credit of mare than 150,000 acre feet <br />even though they might have delivered 500,000 <br />acre feet. When water evaporates in Elephant <br />Butte the credit water evaporates first. " <br /> <br />Actually the figures show that up through 1954 <br />we had really delive~ed more water than we <br />.were required to deliver under the compact, but <br />because of these artificial limitations we <br />were in debt. One other thing. might save us. <br />That is Mother Nature. If Elephant Butte <br />should spill, all debts and credits are wiped <br />out. We had a creait once before which was <br />wiped out. If it should spill again, our <br />debit would he wiped out and we would be back <br />in good standing. If we are in debt 100,000 <br />acre feet, then we're in default and it is like <br />the violation of any contract. The States of <br />Texas and New Mexico might ask for specific <br />performance'of the contract and do whatever <br />is necessary." . <br /> <br />MR. MOSES: <br /> <br />MR. WUNSCH: <br /> <br />"Will there have to be"agreements by the <br />water users to store water in the reserv9ir?- <br /> <br />MR. MOSES: <br /> <br />, "There is no unappropriated water in the <br />Rio Grande. The only water that can be stored <br />is water that, belongs to some appropriator <br />that he is willing to sto~e so that he can have <br />it later in summer. There is not going to be <br />any new land. It is to even out the flow <br />under existing conditions. ~ny water that is <br />stored in a new reservoir no longer belongs <br />to the State where it is stored, unles~ there <br />is a credit for the state. If there is a debit <br />that water has to be held and delivered to <br />Texas at their request.. I don't think it ; <br />is very difficult to see that ~ person who owns <br />a water right is not going to have it stored <br />without the agreement, We think once we are <br />out of debt we can get the consent agreements. <br /> <br />I <br /> <br />I <br />