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<br />~ UU tJ-:;. <br /> <br />,'}:, <br /> <br />One hears a great deal abeut the Cempact, mere con than pre. ~lisinfermatien <br />abeut it is plentiful. It is a complicated document. It ceuld not be simple <br />because of the cemplex situatien which is its subject. Perhaps the wisest <br />perspective is to. simply view the Cempact as a fact ef life. It was argued all <br />the way up to the U.S. Supreme Court and steod. In 'fact, the 1966 u.S. Supreme <br />Ceurt case was "centinued" and a fermal' ruling was not made. The parties essen- <br />tially settled eut of ceurt fer the same reasons private individuals faced with <br />a lawsuit weuld. The States faced a small chance of ceming eut ef court a <br />little better eff than they went in, a small chance ef ceming eut a let werse, <br />the prebability of ceming eut about the same, and a 100 percent certainty that <br />the lawyer's bill weuld be waiting regardless ef the eutcome. Celerade premised <br />to meet the annual water delivery requirements ef the Compact. Hewever, the <br />State refused to. fermally' acknewledge the 900,000 acre-feet "water debt" which <br />New Mexico. and Texas maintained that Colerade has built up by allegedly failing <br />censistently to. meet annual deliveries scheduled by the Cempact between 1939 and <br />1966. Celerade did promise to. attempt to. "pay eff" the alleged debt as a ' <br />gesture ef "geed will." The ether States and the ceurt agreed to. put the case <br />"on hold," previded that Celorade did meet its Cempact ebligatien every year. <br /> <br />To return to the "Cempact-as-a-fact-ef-life" cencept; Valley residents who. main~' <br />tain that the Cempact is unfair are simply wreng. These who. say that it is a <br />darned nuisance have a pretty geed peint. Things weuld be simpler if the Valley <br />could just use all the water it wanted to. witheut werrying abeut whether any <br />water at all flewed dewnstream. That weuld net be fair. The fact that Some <br />water must flew dewnstream is not even an open question. Hew much and hew that <br />"hew much" is to be accemplished are what the arguments ate all about. A few <br />facts abeut the Cempact may advance the, goal ef "living with it... <br /> <br />The everall purpese ef the Cempact is to assure that the relatienship of annual <br />flows across State boundaries which. had developed by the early 20th century is .'. <br />maintained. This dees net mean that the same fixed abselute quantity is sup- <br />posed to. flew across each State's beundaries every year. The terms ef the <br />Cempact are flexible. They recegnize variations in natural flews from year to. - <br />year and anticipate that new seurces ef water fer the Rio. Grande Basin would <br />develep ever the years. It is werth remembering that Colerado has the most <br />difficulty meeting its delivery requirement in years when the river's flow is <br />high. In years ef low to. average flow, the requirements are so small that they, <br />can be met almest witheut being noticed. The Compact also has previsiens which <br />let the States accumulate water credits and debts, but it dees prevent any State <br />frem accumulating so much "credit" that it could shut eff riverflew to. the <br />dewnstream State fer 1 or several years. Such action weuld ruin thousands of <br />farmers. Beth the Compact and the Treaty with Mexico. are negetiated agreements, <br />one probably hears abeut as much complaining abeut them en every side ef the <br />varieus berders. A basic rule of internatienal diplemacy appears to. apply. If <br />all ef the parties to an agreement are unhappy with it, the agreement is almest <br />surely a fair ene. <br /> <br />The fact remains that meeting the Cempact requirements dees pese seme preblems <br />fer Celorade and the San Luis Valley. The continued Supreme Ceurt case and <br /> <br />3 <br />