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Last modified
1/26/2010 2:15:15 PM
Creation date
10/12/2006 12:32:18 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8200.400.30.C
Description
La Plata River Compact
Basin
Colorado Mainstem
Date
9/1/2001
Author
Kenneth W. Knox
Title
The La Plata River Compact: Administration of an Ephemeral River in the Arid Southwest
Water Supply Pro - Doc Type
Publication
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<br /> <br />116 <br /> <br />WATER LAW REVlEW <br /> <br />Volume 5 <br /> <br />In the ensuing years, the case progressed from the La Plata County <br />District Court to the Col~rado Supreme Court. The supreme court <br />reversed the lower court 'and found in favor of the Ditch Company. <br />The court asserted that the Compact was not a defense and ordered <br />Colorado water officials to allow the Ditch Company to divert <br />whenever water was available in the La Plata River that was not subject <br />to prior appropriations in,Colorado.7S <br />Colorado water officials appealed the decision to the United States <br />Supreme Court. In re.jdering the opinion of the Court, Justice <br />Brandeis reaffirmed the iJiltent of the Compact to equitably apportion <br />the La Plata River betweer the two states for application to beneficial <br />use." The Court reversed I the Colorado Supreme Court's decision and <br />found the Compact the binding instrument among both states and <br />their respective individual water users." The central thrust of the <br />decision was based upon! the finding that the priority of the Ditch <br />Company's water right co:Uld only be administered within Colorado's <br />share of the interstate riVer, and not New Mexico's portion.'I The <br />Court's holding confirn)ed the position of the Colorado State <br />Engineer to meet Colorailo's Compact obligations, but working with <br />local upstream water user~ in drought conditions to deliver water past <br />their headgates for delivery to a downstream state continues to present <br />challenges. <br /> <br />E. COORDINATION BETWEEN COLORADO AND NEW MEXICO WATER <br />ADMINISTRATION OFFICIALS <br /> <br />Effective interstate water administration of the La Plata River <br />Compact is based upon knowing the amount of water available at the <br />two index streamflow gaging stations, the amount and location of <br />ditch diversions, and th~ travel time between key locations in the <br />system. Advancements' in water measurement and reporting <br />technologies aid water qfficials in the daily administration of this <br />ephemeral river. For exajnple, the two streamflow gaging stations are <br />equipped with remote I sensing equipment that instantaneously <br />measures river height at pfteen minute intervals to complement the <br />continuous streamflow Irecorders." A satellite transmits this <br />information at regular intf'rvals. the information is then transformed <br />into streamflow amounts for viewing by water officials and public water <br />users in both states. This !instant and perpetual source of information <br />provides an effective tool ~o monitor and distribute the gready varying <br />water supplies to intrasta~e water users and to meet compact delivery <br />requirements with the highest level of efficiency and confidence. It <br />also subjects water administration officials to intense scrutiny by both <br /> <br />78. Hinderliderv. La Plata ~ver & Cherry Creek Ditch Co., 304 U.S. 92, 99 (1938). <br />79. [d. at 103.104. : <br />80. [d. at 106. <br />8!. [d. at 108. <br />82. See La Plata River Compact, COLO. REv. STAT. art. I, ~ 37.63.101 (2001),43 Stat. <br />796, 796. ' <br />
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