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DWR_3375499
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Last modified
3/12/2019 12:38:23 PM
Creation date
1/16/2019 1:23:15 PM
Metadata
Fields
Template:
Division Filing
Document Date
2/7/1963
Document Type - Division Filing
Compact, Agreement, or Memorandum of Understanding
Division
3
WDID
2499990
Subject
37-68-101: AMENDED COSTILLA CREEK COMPACT
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(q) The term "irrigation season" is defined and means that period of each calendar year from May 16 to September <br />30, inclusive. <br />(r) The term "storage season" is defined and means that period of time extending from October 1 of one year to <br />May 15 of the succeeding year, inclusive. <br />(s) The term "points of interstate delivery" means and includes (1) the Acequia Madre where it crosses the <br />boundary; (2) the Costilla Creek where it crosses the boundary; (3) the Cerro Canal where it reaches the boundary; and <br />(4) any other interstate canals which might be constructed with the approval of the commission at the point or points <br />where they cross the boundary. <br />(t) The term "water company" means The San Luis Power and Water Company, a Colorado corporation, or its <br />61/161401 YIN <br />(u) The word "commission" means the Costilla Creek Compact commission created by Article VIII of this compact <br />for the administration thereof. <br />Article III <br />1. To accomplish the purposes of this compact, as set forth in Article I, the following adjustments in the operation <br />of irrigation facilities on Costilla Creek, and in the use of water diverted, stored and regulated thereby, are made: <br />(a) The quantity of water delivered for use in the two states by direct flow ditches in the Costilla -Garcia Area and <br />by the Cerro Canal is based on a duty of water of one cubic foot per second of time for each eighty (80) acres, to be <br />applied in the order of priority; provided, however, that this adjustment in each instance is based on the acreage as <br />determined by the court in decreeing the water rights for the Costilla -Garcia Area, and in the case of the Cerro Canal <br />such basis shall apply to eight thousand (8,000) acres of land. In order to better maintain a usable head for the diversion <br />of water for beneficial consumptive use the adjusted maximum diversion rate under the water right of each of the <br />ditches supplying water for the Costilla -Garcia Area in Colorado is not less than one cubic foot per second of time. <br />(b) There is transferred from certain ditches in the Costilla -Garcia Area twenty-four and fifty-two hundredths <br />(24.52) cubic feet per second of time of direct flow water rights, which rights of use are held by the water company or <br />its successors in title, to the headgate of the Cerro Canal. The twenty-four and fifty-two hundredths (24.52) cubic feet <br />of water per second of time hereby transferred represents an evaluation of these rights after adjustment in the duty of <br />water, pursuant to subsection (a) of this Article, and includes a reduction thereof to compensate for increased use of <br />direct flow water which otherwise would have been possible under these rights by this transfer. <br />(c) Except for the rights to store water from Costilla Creek in Eastdale Reservoir No. 1 as hereinafter provided, all <br />diversion and storage rights from Costilla Creek for Eastdale Reservoirs No. 1 and No. 2 are relinquished and the water <br />decreed thereunder is returned to the creek for use in accordance with the plan of integrated operation effectuated by <br />this compact. <br />(d) The Cerro Canal direct flow permit shall be seventy-five and forty-eight hundredths (75.48) cubic feet per <br />second of time. <br />(e) There is transferred to and made available for the irrigation of lands in Colorado a portion of the Costilla <br />Reservoir complement of the Costilla Reservoir System Safe Yield in order that the storage of water in that reservoir <br />may be made for the benefit of water users in both Colorado and New Mexico under the provisions of this compact for <br />the allocations of water and the operation of facilities. <br />2. Each state grants for the benefit of the other and its water users the rights to change the points of diversion of <br />water from Costilla Creek, to divert water from the stream in one state for use in the other and to store water in one <br />state for the irrigation of lands in the other, insofar as the exercise of such rights may be necessary to effectuate the <br />provisions of this Article and to comply with the terms of this compact. <br />
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