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<br />I <br />'I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />II <br />I <br />I <br />I <br />I <br />I <br />I I <br /> <br />III. WATER RIGHTS ADMINISTRATION <br /> <br />Water rights administration is an important consideration in an investigation of <br /> <br /> <br />water availability. Information is given below to allow the reader to better <br /> <br /> <br />understand the complicated nature of water rights administration in the Rio Grande <br /> <br /> <br />Basin. <br /> <br />111.1 BACKGROUND <br /> <br />In Colorado, the basic water allocation principle is the prior appropriation <br /> <br /> <br />doctrine which can be expressed as "first in time, first in right". The <br /> <br /> <br />appropriation date (date of first plan, construction or use of structure to divert <br /> <br /> <br />water) and adjudication date (date of judicial proceeding in which a decree is <br /> <br /> <br />issued defining the right) become the basis for determining which users are entitled <br /> <br /> <br />to the river flow during a period when there is insufficient water for all <br /> <br /> <br />appropriators. <br /> <br />Diversions in the Conejos River Basin have not historically been subject to <br /> <br /> <br />curtailment for the benefit of senior appropriators on the Rio Grande mainstem. <br /> <br /> <br />Therefore, water use in the Conejos Basin has developed independently of water use <br /> <br /> <br />on the Rio Grande mainstem and should not significantly affect water availability <br /> <br /> <br />to a potential reservoir on the Rio Grande mainstem. <br /> <br />Rio Grande water administration is also greatly influenced by the Rio Grande <br /> <br /> <br />Compact. In 1968, the US Supreme Court issued an order forcing Colorado to meet <br /> <br /> <br />its Compact delivery. Therefore, since 1968, Colorado water administrators have <br /> <br /> <br />considered the Rio Grande Compact as an obligation which the State is committed to <br /> <br /> <br />satisfy, and have often curtailed diversions of Colorado water users to satisfy <br /> <br /> <br />the Compact obligation. Between 1968 and the spilling of Rio Grande Project Storage <br /> <br /> <br />in 1985, the State Engineer significantly curtailed diversions of surface water <br /> <br /> <br />rights on the Rio Grande mainstem and the Conej os to satisfy the Compact. The <br /> <br /> <br />spilling of Rio Grande Project Storage in 1985 and subsequent years may lead to <br /> <br /> <br />greater flexibility in the way the river is administered. Additional information <br /> <br /> <br />on the Compact is contained in Section IV. <br /> <br />23 <br />