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<br />. <br /> <br />. <br /> <br />o <br />.;..! <br /> <br />c <br /> <br />(2) All uses of water contemplated by projects authorized, <br />at the time of the signing of this Compact, under the <br />la\...s of the united states of America whether or not <br />such projects are eventually constructed by the united <br />States of America or by some other entity. <br /> <br />,- <br />~ <br /> <br />(b) The State of Colorado assents to diversions and storage of <br />water in the state of Colorado for use in the state of New Mexico, <br />subject to compliance with Article IX of this Compact." <br /> <br />Article IX(a) states as follows: <br /> <br />"(a) No State shall deny the right of the united States of <br />America and, subject to the conditions hereinafter contained, no State <br />shall deny the right of another signatory State, any person, or entity <br />of any signatory state to acquire rights to the use of water, or to <br />construct or participate in the construction and use of diversion <br />works and storage reservoirs with appurtenant works, canals and con- <br />duits in one state for the purpose of diverting, conveying, storing, <br />regulating and releasing water to satisfy the provisions of the Colo- <br />rado River compact relating to the obligation of the States of the <br />Upper Division to make deliveries of water at Lee Ferry, or for the <br />purpose of diverting, conveying, storing or regulating water in an <br />upper signatory State for consumptive use in a lower signatory State, <br />when such use is within the apportionment to such lower state made by <br />this Compact. Such rights shall be subject to the riqhts of water <br />users, in a State in which such reservoir or works are located, to <br />receive and use water, the use of which is within the apportionment <br />to such state by this Compact." (Emphasis supplied). <br /> <br />The problem with New Mexico arises from the last sentence <br />of Article IX(a) as above underlined. It is not clear from the read- <br />ing of the entire compact just what this sentence means. New Mexico <br />contends that it could be construed to deprive that state of its share <br />of water allocated to the Animas-La Plata Project. It is my opinion <br />that this sentence can only refer to the priorities established by <br />Article XIV quoted at the beginning of this memorandum; that is, it <br />affects a first priority in Colorado only to water uses which existed <br />at the time of the signing of the compact or for reclamation projects <br />which \...ere authorized at the time of the signing of the compact. The <br />Animas-La Plata Project has not been authorized to date and obviously <br />does not fall within either of the stated priorities. <br /> <br />In any event, New Mexico insists that Article IX(a) of the <br />compact must be clarified by further interstate compact. It is my <br />opinion that the proposed compact which is enclosed herewith accom- <br />plishes that purpose without in any way modifying the actual intent <br /> <br />l4emo <br /> <br />-2- <br /> <br />December 28, 1966 <br />