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<br />Issue 1 <br /> <br />THE LA PLA TA RIVER COMPACT <br /> <br />111 <br /> <br /> <br />attention during their deliberations, the La Plata River Compact <br />negotiators needed to consider the integrated use of ditches to serve <br />lands on both sides of the border and represent water users with dual <br />state interests. <br /> <br />m. WATER ALLOCATION SYSTEM <br /> <br />The water allocation system for the La Plata River Compact is <br />based upon an index supply measured at two permanent streamflow <br />gaging stations, one at Hesperus, Colorado, and the other thirty-one <br />miles downstream at the state line, known as the Interstate Station. 51 <br />Both stations are equipped with streamflow recorders that provide a <br />continuous record of the gage height of the river, which is used to <br />calculate the La :plata River streamflows at all times." Article II of the <br />Compact, which equitably apportions the La Plata River between <br />Colorado and New Mexico, states: <br /> <br />I. At all times between the first day of December and the fifteenth <br />day of the succeeding February, each State shall have the unrestricted <br />right to use of all water which may now within its boundaries. <br />2. By reason of the usual annual rise and fall, the now of said river <br />between the fifteenth day of February and the first day of December <br />of each year, shall be apportioned between the States in the following <br />manner: <br />(a) Each State shall have the unrestricted right to use all the <br />waters within its boundaries on each day when the mean daily flow at <br />the Interstate Station is one hundred cubic feet per second, or more. <br />(b) On all other days the State of Colorado shall deliver at the <br />Interstate Station a quantity of water equivalent to one-half of the <br />mean flow at the Hesperus Station for the preceding day, but not to <br />exceed one hundred cubic feet per second.. <br />3. Whenever the flow of the river is so low that in the judgment of <br />the State Engineers of the States, the greatest beneficial use of its <br />waters may be secured by distributing all of its waters successively to <br />the land in each State in alternating periods, in lieu of delivery of <br />water as provided in the second paragraph of this article the use of <br />the waters may be so rotated between the two States in such manner <br />for such periods, and to continue for such time as the State Engineers <br />may jointly determine. <br />4. The State of New Mexico shall not at any time be entitled to <br />receive nor shall the State of Colorado be required to deliver any <br />water not then necessary for beneficial use in the State of New <br />Mexico. <br />5. A substantial delivery of water under the terms of this Article <br />shall be deemed a compliance with its provisions and minor and <br />compensating irregularities in flow or delivery shall be disregarded." <br /> <br />51. Id. <br />52. Id. <br />53. La Plata River Compact, COLO. REv. STAT. art. II, ~ 37-63-101 (2001),43 Stat. at <br />797. <br />