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

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000329

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shall be subservient to the use and consumption of such water
for agricultural and domestic purposes and shall not interfere
"rith or prevent use for such dominant purposes."

This provision ,nust be considered in connection uith its counterpart in

the 1948 cor..:cc.ct to which reference is next made.

(d) Article XV (a) of the 1948 compact reads as follovrs:

"SUbject to the provisions of the Colorado :liver Compact
and of this Cowpact, water of the Upper Colorado River System
may be impounded and used for the generation of electrical
power, but such impounding and use shall be subservient to
the use and consumption of such water for agricultural and
domestic purposes and shall not interfere with or prevent
use for such dominant purposes,"

The last two mentioned compact provisions must be given effect. They re-

quire that the use of project water for power generation purposes is sub-

servient to domestic and agricultural uses and that no firm rights can

be secured which will preclude the use within an~' epper Basin state of

that state's apportioned share even though such use develops after the

power generation use has been perfected. It is cn'~irel~' correct for the

report to recognize a diminishing pOYrer use as consu;Jptive use projects

come into beinG.

(e) Article XV (b) says:

"The provisions of this Compact shall not appl:J' to or
interfere r;ith the right or power of any signatory State to
regulate rrithin its boundaries the c..ppropriation, use and con-
trol of water, the consumptive use of '.'Jhich is apportioned and
available to such State by this Compact."

This provision is tied into the comments under (c) and (6) above. Lost

obviously the hold-over storage reservoirs will not fulfill their primary

function if they are so used as to prevent the authorization and con-

struction of junior Upper Basin projects "'hich use water within the

apportioned share of any state. Due regard for this important matter must

be made in all priorities awarded any of the uni~s of the project.