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<br />r <br /> <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 />I <br />I <br />I <br /> <br />2 <br /> <br />TO THE PRESIDENT AND MEMBERS OF THE DOARD <br />nro GllANDE lyATER CONSERVATION DISTRICT <br />, <br /> <br />Gen tl emen : <br /> <br />Following is a report preparcd from our findings and preliminary study made for <br />The Rio Grands Water Conscrvation District from April 1968 to this time in <br />connection with possible water salvage projects in the San Luis Valley of Colo- <br />rado and our observations of problems that have developed subsequent to ratifi- <br />cation of the Rio Grande Compact. <br /> <br />STATENENT OF TIlE SI'TIJATION <br /> <br />The Hio Grande Compact was ratified in 1939. The Compact stipulated Colorado's <br />obligation to deliver water in the Hio Grande to New Mexico and Texas. The <br />amount of Colorado's obligation was established by schedules which required the <br />Conejos River and the Rio Grande to deliver amounts of water proportional to <br />the volume of water which passed certain specified index stations. <br /> <br />Annual reports of the Rio Grande Compact Con~ission show that at the end of <br />1951, Colorado had a net delivery, since 1939, of 900 acre feet more than re- <br />quired by the Compact. Colorado has not had a credit balance at the end of <br />any subaequent year although Colorado did meet its annual delivery in 1958 and <br />1966. On the basis of the schedule for the Conejos River and Hio Grande <br />individually since 1951, the Commission reports indicate that the Rio Grande <br />delivered in excess of its schedule in 1958, 1966 and 1967; contrariwise, the ~ <br />Conejos River has not delivered its scheduled volume although it lacked only <br />500 acre feet of meeting delivery in 1966. <br /> <br />At the end of 1967, Colorado had a net debit balance of 944,400 acre feet as <br />measured by the Compact schedule. Apparently New Nexico and Texas believed that <br />Colorado would continue to accumulate a greater debit unless they took necessary <br />action to require Colorado to meet the scheduled deliveries, and accordingly <br />brought suit against Colorado. <br /> <br /> <br />Colorado secured a continuance of the suit brought against it by Texas and New <br />Mexico on the condition that ".. . the State of Colorado shall exercise its best <br />efforts and use all available administrative powers including, if necessary, the <br />curtailment of diversions... ". Accordingly, the State of Colorado, through <br />the State Engineer, decided to administer the Rio Grande and Conejos River in <br />a manner which would annually meet the delivery obligation as established by <br />the schedules in the Rio Grande Compact. The policy adopted by the State Engineer <br />to effect this decision was to estimate the annual flow of each river to pass <br />the index stations, relate the estimated runoff to the scheduled Compact <br />delivery in terms of percent and administer the diversions from the rivers in <br />s manner which at any time would allow the required percentage of flow to <br />remain in the rivers to be measured as delivery at the Lobatos gaging station, <br /> <br />", <br /> <br />0559 <br />