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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 />Issue 1 <br /> <br />THE LA PLATA RIVER COMPACT <br /> <br />109 <br /> <br /> <br />similar fashion, Mr. Stephen B, Davis represented New Mexico as <br />commissioner and Mr. Charles A. May provided technical expertise." <br />Along with site-specific and technical efforts taking place in the La <br />Plata River Basin, it is important to recognize two United States <br />Supreme Comt decisions that provided legal guidance to the <br />negotiating parties. The first case, Kansas v. Colorado," involved a <br />controversy over the Arkansas River that retained two striking <br />similarities to the ongoing issues in the La Plata River basin. First, <br />neither the La Plata River nor the Arkansas River provides sufficient <br />streamflows to satisty the consumptive water use demands in either <br />state. Second, Colorado water users asserted the right to use all <br />available Arkansas River waters without any delivery obligation to <br />Kansas as the downstream state." The Court's decision, articulated by <br />Justice Brewer, centered upon the cardinal rule of equality among <br />states, which he applied to the allocation of interstate waters. 36 The <br />Court recognized the amount of beneficial use in each state and <br />provided the means to protect those existing uses and inherent values <br />through the principle of equitable apportionment." Essentially, the <br />Court's enunciation of the principle of equitable apportionment <br />provided cogent direction that unregulated diversions and use of water <br />in an upstream state cannot occur to the detriment of the interests of <br />downstream states." <br />Additional guidance in the construction of an interstate river <br />allocation system for the La Plata River came from the 1922 United <br />States Supreme Court decision in Wyoming v. Colorado." Again, <br />Colorado asserted it was entitled to full use of the Laramie River," <br />which originates in the mountains of northern Colorado and flows <br />approximately twenty-seven miles before entering Wyoming. At the <br />time of the proceeding, both states administered their water rights <br />within their respective boundaries in accord with the doctrine of prior <br />appropriation, or the priority system.'l The central issue before the <br />Court was how to equitably apportion these interstate waters-should <br />the Court apply the doctrine of prior appropriation, or some other <br />mechanism that would provide the requisite equity?" In its decision, <br /> <br /> <br />of Chapter 244, Session Laws of 1921. 1921 Colo. Sess. Laws 803. Mr. Carpenter also <br />served as lead negotiator and Compact Commissioner for the Colorado River <br />Compact, 1923 Colo. Sess. Laws 684, COLO. REv. STAT. ~ 37-61-101 (2001), and the <br />South Platte River Compact, COLO. REv. STAT. ~ 37-65-101 (2001),44 Stat. 195. <br />33. MEEKER, supra note 16, at 2. <br />34. Kansas v. Colorado, 206 U.S. 46 (1907). <br />35. Id. at 98. The state of Colorado argued, in part, it had a right to fully <br />appropriate the available water supplies and develop irrigable lands for increasing the <br />value of lands and its inherent prosperity within its boundaries. Id. <br />36. [d. at 113-14. <br />37. [d. at 118. <br />38. [d. at 117-18. <br />39. Wyoming v. Colorado, 259 U.S. 419 (1922). <br />40. [d. at 466. <br />41. ld. at 465. <br />42. [d. at 467. <br />
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