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<br />UPPER COLORADO RIVER BASIN COMPACT
<br />Signed on
<br />October 11, 1948 - Santa Fe, N. M.
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<br />Ratified by Colorado on February 2, 1949
<br />
<br />ARTICLE IX
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<br />(a) No state shall deny the right of the United States of A~erica
<br />ar.~, s..w~cCt to tl,c c.:lncith;ns nercinafcer ~ontojnta. no stHe snoi i
<br />deny the right of another si'gnatory sta~!. ~"Y ,ers:". ,~ e-~~t:.' of
<br />any sisnatory sta:e to acquire rights to t~~ use of w!ter, ~r tu
<br />construct or participate in the constructicn and use of diverSion
<br />works and storage reservoirs with appurtenant works, canals and
<br />conduits In one state for the purpose of diverting, conveying,
<br />storing. regulating and releasing water to satisfy the provisions
<br />of the Colorado river compact relating to the obligation of the
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<br />states of the upper division to IIIike deliveries of water at LH
<br />ferrr, or for the purpose of diverting, conveying, staring or
<br />regulating water in an upper signatory state for consUlllllthe use
<br />fn a l~r sfgnatory state, ~hen such use is ~ithfn the apportfon-
<br />ment to such lower state Bide by this compact. Such rights shall
<br />be subject to the rights of ~ater users, in a state fn ~hich such
<br />reservoir or ..ons are located, to receive and use ~ater, the use
<br />of ~Iich fs ~tthin the apportionment to such state by this compact.
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<br />(b) Any signatory state, any person or any entity of any
<br />signatory state shall have the right to acquire such property rights
<br />as are necessary to the use of ~ater in conformity ~ith this compact
<br />in any other signatory state by donation, purchasl or through the
<br />exercise of the power of eminent domain. Any signatory state,
<br />upon the ~ritten request of the governor of any other signatory
<br />state, for thl benefit of whose water users property is to bl
<br />acquired In the state to wlIich such written request Is made, shall
<br />procaed expeditiously to acquire the desired proplrty lither by
<br />purchase at a price satisfactory to the requesting Statl, or, if
<br />such purchase cannot be madl, then through the exercise of its power
<br />of eminent domain end shall convey such property to the requesting
<br />state or such entity as may be designated by the requesting state;
<br />provided, that all costs of acquisition and expenses of every kind
<br />and nature ~hatsoever incurred in obtaining the requlsted property
<br />shall be paid by the requesting state at the time and in the manner
<br />prescribed by the state requested to acquire the property.
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<br />(c) Should any facility be constructed In a signatory state by
<br />and for the benefit of another signatory state or stat.s or the
<br />water users thereof. as above provided, the construction, repair,
<br />replace~ent, maintenance anc operation of s~ch facility shall be
<br />subject to the laws of the state in which the facility is located,
<br />except that, i~ the case of a reservoir constructed in ane state
<br />for the benefit af another state or states. the water adminlstratian
<br />officials of the state In ~hich the facility is located shall
<br />permit the storage and release of any ~ater which, as determined
<br />by findings of the commission, falls ~ithin the apportionment of
<br />the state or states for ~hose benefit the f.cility is constructed.
<br />In the case of a regulating reservoir for the joint benefit of
<br />ell states in making Lee ferry deliveries, the .ater administration
<br />officials 0' the state in ~hich the focility is located, in permitting
<br />the storage and releose of water, shall coeply ~ith the findings and
<br />orders of the commission.
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<br />(d) In the event property is acquired by a signatory state
<br />in another signatory state for the use and benefit of the former,
<br />the users of ~ater mode available by such facilities. as a condition
<br />precedent to the use the,eof, sholl pay to the political sub-
<br />divisions of the state 1n ~hich such works are located, each and
<br />ev'!I'"V '/O!~!'" d'..1'''i.,~ ,.,....ic~ ~:.Jc:.. ...~::..':: ar! ~..~:.::~ #:" :r::" :,.'::;-;l,
<br />a sum of money eq~;valent to the average annual amount of' taxes
<br />'-=':fed .!~~ .!:isass~: 3-;.!::'S~ ':~= i~nc an~ f-:":J':t!:~i!:,:.5 :".i!'~;". '::~rin;:
<br />:ni! ten years prec:Jin; the a:quisition of such land. Said o~/ments
<br />sha11 be in f~ll reimbursement for the loss of taxes in sue" ~Qliticai
<br />subdivisions of the state, ar.d in lieu of any and all taxes on said
<br />property. improvements and rights. The signatory states recommend
<br />to the President and the congress that, in the event the United
<br />States of Ame"ica shall acquire property in one of the signatory
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