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<br />APPENDIXE <br /> <br />Irrigators whose water rights are of sufficient seniority to <br />insure them a full vater supp1;r without additional regulation above Del <br />Norte am who would probably not wish to participate in the proposed plan <br />diverted an average of 86,000 acre-feet amually over the period 1928 <br />through 1951. <br /> <br />Consent ~reements <br /> <br />Under Colorado law, all dl.rect-flow rights are senior to storage <br />rights. No surplus water beyoni that which is already appropriated for <br />use in Colorado am that which is mcessary to now across the state line <br />to meet Compact commitments is available at Del Norte. However" because <br />of lack of storage, there is each year an unseasonal use of water which <br />Wagon Wheel Gap reservoir would be intended to correct. Therefore, <br />achievement of consent agreements with the direct-no\7 water right holders <br />of the Rio Grande Division service area to provide for storage of the <br />appropriate part of the vater those holders Viould otherwise divert UDier <br />their direct-now rights for use during the last irrigation season is a <br />prerequisite to the construction of Wagon Wheel Gap Dam. <br /> <br />Rio Gr,,,Y1e Compact <br /> <br />The surface waters, of the Rio Grame are apportioned among tbe <br />States of Colorado, New Menco am Texas in accordance with the Rio Grande <br />Compact. The Compact 'ilaS ratified by the three State Legis1atil:res in <br />' February and March 1939, passed by Congress as Public Act No. 96, 76th <br />Congress, am approved by the President on May ~l, 1939. The terms of the <br />Compact protect tbe uses of. ,later in the various sections of tho Rio Grailie <br />Basin by setting up ,schedules of delivery of water. Colorado's obligation <br />to deliver liater at the Colorado-New Mey.ico state lim is based upon the <br />relationship betl'TElen inflow am outf'lo1"r of theSan Luis Valley for the <br />years 1928 to 1937 inclusive. A1so~ the tems of the Rio Grande Compact <br />permit construction and operation of additional reservoirs above Elephant <br />Butte Reservoir to 'regulate the water and to capture am put to bemficial. <br />use water which otherwise would spill from CompaGt project storage <br />(Elephant Butte and Cabello Reservoirs) !:1m be lost. <br /> <br />c <br /> <br />Annual deliveries in exact accordance l7ith the schedule are not <br />required. The Compact provides a system of aocounting whereby deviations <br />from the scheduled deliveries are set up as debits am credits. Such <br />deviations may be caused by variations of run-off am the med for vater <br />am by storage of water in reservoirs constructed after 1937. Deliveries <br />of water in excess of the scheduled requirements are credited so long as <br />such. ex~.ss de,J,iveries reraa111 .in pompaQ'D project !;ltorage... Annual credits . . <br />cannot, be aCl'Cltimula.tE)d' ,it\"exces~. of. 150,000 aore-t:~et pe~ ye'8I". 'This. ': " <br />limitation is aesigned to prevent unsound &xpansion of development which <br />might result from temporary aocumulation of large annual credits am to <br />prevent reduction of the available capacity in Elephant Butte am Cabello <br />Reservoirs for regulation of the portion of the water supply to which the <br />lams below these reservoirs are rightfulJ,y entitled. Credits in Compact <br />project storage can be reduced in several. ways. They may be used to off- <br />set subsequent debits caused by deficiencies in the actual deliveries, <br />they can be reduced by evaparaUon as liIuch credits mUlilt bear their <br />r .....".- I' <br />\-' '.. .&_~vO <br /> <br />~. -, <br /> <br />f. <br />L <br />.. <br /> <br />E-22 <br />