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<br /> <br />120 <br /> <br />. WA1ERLAWREVlEW <br /> <br />Volume 5 <br /> <br />the Enterprise and Pion~er Canals, now serving approximately equal <br />areas in both States, shall be established and maintained (without <br />expense to the State of 1;'Jew Mexico), and whenever in this compact <br />reference is made to thf1 flow of the river at the Interstate Station, it <br />shall be construed to in4lude one-half the volume of the concurrent <br />diversions by such canals, and also the volume of any other water <br />which may hereafter be qiverted from said river in Colorado for use in <br />New Mexico. <br />Each of said stations, shall be equipped with suitable devices for <br />recording the flow of water in said river at all times between the 15th <br />day of February and the )stday of December of each year. The State <br />Engineers of the signatol1}' States shall make provision for co-operating <br />gauging at the two statiops, for the details of the operation, exchange <br />ofrecords and data, and publication of the facts. <br /> <br />ARTICLE II <br /> <br />The waters of the La (Plata River are hereby equitably apportioned <br />between the signatory Sta,tes, including the citizens thereof, as follows: <br />1. At all times betweeIl 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 flow within its boundaries. <br />2. By reason of the usual annual rise and fall, the flow of said river <br />between the fifteenth day of February and the first day of December of <br />each year, shall be apportioIled 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 olle 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 Hespe*s Station for the preceding day, but not to <br />exceed one hundred cub c feet per second. <br />3. Whenever the flow of the river is so low that in the judgment of <br />the State Engineers of ~he 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 the <br />waters may be so rotated; between the two States in such manner for <br />such periods, and to continue for such time as the State Engineers may <br />joindy determine. i <br />4. The State of New IMexico shall not at any time be entided to <br />receive nor shall the State of Colorado be required to deliver any water <br />not then necessary for beneficial use in the State of New 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 irregulariti~s in flow or delivery shall be disregarded. <br /> <br />1 <br />, <br />, <br />