3/12/2019 12:38:23 PM
1/16/2019 1:23:15 PM
Document Type - Division Filing
Compact, Agreement, or Memorandum of Understanding
37-68-101: AMENDED COSTILLA CREEK COMPACT
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(d) The "Costilla -Garcia Area" is that area extending from the Canyon Mouth in New Mexico to a point in <br />Colorado about four miles downstream from the boundary, being a compact body of irrigated land on either side of <br />Costilla Creek served by decreed direct flow water rights. <br />(e) The "Eastdale Reservoir No. 1" is that off -channel reservoir located in Colorado in sections 7, 8 and 18, <br />township 1 north, range 73 west, and sections 12 and 13, township 1 north, range 74 west, of the Costilla Estates <br />survey, with a nominal capacity of three thousand four hundred sixty-eight (3,468) acre-feet and a present usable <br />capacity of two thousand (2,000) acre-feet. <br />(f) The "Eastdale Reservoir No. 2" is that off -channel reservoir located in Colorado in sections 3, 4, 9 and 10, <br />township 1 north, range 73 west, of the Costilla Estates survey, with nominal capacity of three thousand forty-one <br />(3,041) acre-feet. <br />(g) The "Costilla Reservoir" is that channel reservoir, having a nominal capacity of fifteen thousand seven hundred <br />(15,700) acre-feet, located in New Mexico near the headwaters of Costilla Creek. The present usable capacity of the <br />reservoir is eleven thousand (11,000) acre-feet, subject to future adjustment by the state engineer of New Mexico. The <br />condition of Costilla Dam may be such that the state engineer of New Mexico will not permit storage above a <br />determined stage except for short periods of time. <br />(h) The "Cerro Canal" is that irrigation canal which diverts water from the left bank of Costilla Creek in New <br />Mexico near the southwest corner of section 12, township 1 south, range 73 west, of the Costilla Estates survey, and <br />runs in a northwesterly direction to the boundary near Boundary Monument No. 140. <br />(i) The "boundary" is the term used herein to describe the common boundary line between Colorado and New <br />Mexico. <br />(j) The term "Costilla Reservoir System" means and includes the Costilla Reservoir and the Cerro Canal, the <br />permits for the storage of water in Costilla Reservoir, the twenty-four and fifty-two hundredths (24.52) cubic feet per <br />second of time of direct flow water rights transferred to the Cerro Canal, and the permits for the diversion of direct flow <br />water by the Cerro Canal as adjusted herein to seventy-five and forty-eight hundredths (75.48) cubic feet per second of <br />time. <br />(k) The term "Costilla Reservoir System Safe Yield" means that quantity of usable water made available each year <br />by the Costilla Reservoir System. The safe yield represents the most beneficial operation of the Costilla Reservoir <br />System through the use, first, of the total usable portion of the yield of the twenty-four and fifty-two hundredths (24.52) <br />cubic feet per second of time of direct flow rights transferred to the Cerro Canal, second, of the total usable portion of <br />the yield of the direct flow Cerro Canal permits, and third, of that portion of the water stored in Costilla Reservoir <br />required to complete such safe yield. <br />(1) The term "usable capacity" is defined and means that capacity of Costilla Reservoir at the stage above which the <br />state engineer of New Mexico will not permit storage except for short periods of time. <br />(m) The term "temporary storage" is defined and means the water permitted by the state engineer of New Mexico to <br />be stored in Costilla Reservoir for short periods of time above the usable capacity of that reservoir. <br />(n) The term "additional storage facilities" is defined and means storage capacity which may be provided in either <br />state to impound waters of Costilla Creek and its tributaries in addition to the nominal capacity of Costilla Reservoir <br />and the Costilla Creek complement of the Eastdale Reservoir No. 1 capacity. <br />(o) The term "duty of water" is defined as the rate in cubic feet per second of time at which water may be diverted <br />at the headgate to irrigate a specified acreage of land during the period of maximum requirement. <br />(p) The term "surplus water" is defined and means water which cannot be stored in operating reservoirs during the <br />storage season or water during the irrigation season which cannot be stored in operating reservoirs and which is in <br />excess of the aggregate direct flow rights and permits recognized by this compact. <br />
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