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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shall be subservient to the use and consumption of such water
for agricultu~al and domestic purposes and shall not interfere
with or preve!lt use for such dominant purposes."

This provision must be considered in connection with its counterpart in

the 1948 compact to which reference is next made.

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

"Subject to the provisions of the Colorado River Compact
and of this C~mpact, water of the Upper Colorado River System
may be impoun<l1ed and used for the generation of electrical
pcwTer, but su~h impounding and use shall be subservient to
the use and c9nsumption of such water for agricultural and
domestic purpo/ses and shall not interfere with or prevent
use for such <ilominant purposes."

The last two mentioned compact provisions must be given effect., ',\l'h!3y.re-

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quire that the use of project water for power generation pu~o~'is sub-

servient to dome$tic and agricultural uses and that no firm rights can

be secured which will preclude the use wi thin any Upper" l$s'~ s:ta~e of

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

power generation :use has been perfected. It is entirely correct for the

report to recognize a diminiShing power use as consumptive use projects

come into being.

(e) Article XV (b) says:

,

"The prov:!;sions of this Compact shall not apply to or
interfere witq the right or power of any signatory State to
regulate within its boundaries the appropriation, use and con-
trol of water,; the consumptive use of which is apportioned and
available to such State by this Compact."

This provision is tied into the comments under (c) and (d) above. 1iost

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 which use water within~

apportioned share'of any state. Due regard for this important matt~ must

be made in all priorities awarded any of the units of the project.

b.".

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