WSP04042

• File Number: 8220.100.25
• Description: CRSP
• Basin: Colorado Mainstem
• Date: 6/1/1951
• Author: CWCB
• Title: Official Comments And Recommendations of the State of Colorado on the Colorado River Storage Project and Participating Projects Report, Upper Colorado River Basin
• Water Supply Pro - Doc Type: Publication

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(a) Article V (c) of the 1948 Co~pact which reads thus:

,

"In the event the Commission finds that a reservoir site
is available hoth 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 Cormnission be used to store water for consumptive use
in a State, provided the CommisSion finds that such storage
is reasonablyneoessary to permit such State to make the use
of the water apportioned to it b:y this Conpact."

The right to convert part of the storage capacity of the projec'o reservoirs

from hold-over uSe to storage use for consumptive purposes in an Upper

Division State mUst be recognized and given full effect.

(b) Article IX (a) of the 1948 Compact provides:

.

"No State: shall deny the riGht of the United States of
America and, subject to the conditions hereinafter contained,
no State shall deny the right of another signatory State, any
person, or entity of any signatory State toaoquire rights to
the use of water, or to construct or participq.te in the con-
struction and,use of diversion works and storage reservoirs
with appurtenant vrorks, canals a.nd conduits in one State for
the purpose of diverting, conveYing, storing, regulating and
releasing water to satisfy the provisions of the Colorado
River COTIlpact relating to the o~ligation 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
lower signatobJ State, when sucn use is withil\ the apportion-
ment to such lower State made by this Compact. Such rights
shall be subject to the rights of water 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 that the rights of water users in a

state in which it hold-over reservoir i~ 10C"~2j to rqceive and use watev

within the apportionment of the state must be recognized.

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

"Subject ;to the provisions of this compact, water of
the Colorado'j1iver System may be impounded and used for the
generation o~ electrical power, but such impounding and use

'. ", ~