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<br />II <br />I I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />Since 1) the ability to store debit water in post-1937 reservoirs, 2) the release <br /> <br /> <br />of debit water stored in post-1937 reservoirs, and 3) the cancellation of accrued <br /> <br /> <br />debits or credits are tied to capacities of Rio Grande Project Storage, the Compact <br /> <br /> <br />sets the following limitations: <br /> <br />a maximum average annual release from Rio Grande Project Storage to Project <br /> <br /> <br />demand of 790,000 acre-feet. This 790,000 acre-feet includes the 60,000 <br /> <br />acre-feet to be delivered to Mexico under the international treaty. <br /> <br /> <br />Rio Grande Project Storage is not to exceed 2,638,860 acre-feet, the original <br /> <br /> <br />capacity of Elephant Butte and Caballo Reservoirs. <br /> <br />Another major provision of the Compact which may affect a new storage project is <br /> <br /> <br />that the Compact permits Colorado to increase its consumptive uses of water out of <br /> <br /> <br />the Rio Grande and Conejos Rivers to the extent that water may be delivered at the <br /> <br /> <br />stateline from the Closed Basin (subject to certain water quality provisions) (see <br /> <br /> <br />Section V). <br /> <br />IV.4 COLORADO 1940-1985 OPERATION OF COMPACT <br /> <br />Colorado's credits and debits (as recorded in the annual Rio Grande Compact <br /> <br /> <br />Commission Reports) of the Rio Grande Compact for 1940 through 1985 are shown in <br /> <br /> <br />Figure IV-I. There were two years (1942 and 1985) where spill conditions at Rio <br /> <br /> <br />Grande Project Storage caused the total elimination of accrued credits or debits. <br /> <br />Due to the large debits accrued by Colorado from 1952 through the mid-1960's, a <br /> <br /> <br />lawsuit (Texas and New Mexico v. Colorado, 391 U.S. 901, 88 S.Ct. 1649, 20 L.Ed.2d <br /> <br /> <br />416) was filed in the US Supreme Court in 1966 with Colorado's debt of almost <br /> <br /> <br />945,000 acre-feet as the central issue. This action led to a variety of events in <br /> <br /> <br />the following 13 years which are summarized below. <br /> <br />1968 Colorado entered a stipulation with New Mexico and Texas and agreed to deliver <br /> <br /> <br />each year's Compact commitment without building up any further debt of water. <br /> <br /> <br />As indicated in Figure IV-I, Colorado succeeded in meeting this obligation. <br /> <br /> <br />1970 The Colorado State Engineer's Office stopped issuing new well permits for <br /> <br /> <br />the non-Closed Basin aquifers and the Closed Basin confined aquifer. <br /> <br />31 <br />