WSPC03681

• File Number: 8200.400
• Description: Colorado River - Colorado River Basin - Colorado River Basin Briefing Documents/History/Corresp.
• State: CO
• Basin: Western Slope
• Date: 12/1/1950
• Author: CWCB
• Title: Upper Colorado River - Basin Compact - Official Comments and Recommendations of the State of Colorado on the Colorado River Storage Project and Participating Project Report, Upper Colorado River Basin
• Water Supply Pro - Doc Type: Report/Study

00032S

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(a) Article V (c) of the 1948 Cor.lpact nhich reads thus:

"In the event the Commission finds that a reservoir site
is available both to assure deliveries at Lee Ferry and to
store water for consumptive use in a State of the Upper Di-"
vision, the storage of water for consumptive use shall be
given preference. Any reservoir or reservoir capacity here-
after used to assure deliveries at Lee Ferry shall by order
of the CorMJission be used to store water for consumptive use
in a State, provided the Commission finds that such storage
is reasonably necessary to permit such State to make the use
of the water apportioned to it by this COl.1;:act."

The right to convert part of the storage capacity of the project reservoirs

from hold-over use to storage use for consumptive p~rposes in an Upper

Division State must be recognized and given f~~l effect.

(b) Article IX (a) of the 1948 Comr-act rro,~1es:

"No State shall deny the ri<:ht of the lJnited States of
America and, sllbject to the conditions 1:8reinafter contained,
no State shall deny the rieht of another si<:natory State, any
person, or entitJ' of any siGnatory State to acquire rights to
the use of ':'ater, or to construct or participate in the con-
structi~n and use of diversion y!orks and storace rese~[oirs
y'ith aPPUl'tenant narks, canals and conduits in one State for
the purpose of divertinG, conveying, storing, regulating and
releasing water to satisfy the provisions of the Colorado
River Compact relating to the obligation of the States of the
Upper Division to make deliveries of water at Lee Ferry, or
for the purpose of diverting, conveying, storing or regulating
water in an upper signatory State for consumptive use in a
I~Ner signatory State, vThen such use is R~thin the apportion-
ment to such lower State made by this Compact. Such rights
shall be subject to the rights of v'ater users, in a State in
which such reservoir or works are located, to receive and use
water, the use of which is within the apportionment to such
State by this Compact."

It is plain under this provision tr~t the rights of water users in a

state in which a hold-over reservoir is located to receive and use water

within the apportionment of the state must be rec"gnized.

(c) Article IV (b) of the 1922 Compact states:

"Subject to the provisions of this com?act, '."later of
the Colorado River System may be im;:ounded and used for the
generation of electrical pOlTer, but such i:oJpounding and use