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3. The water company has consented to and approved the adjustments contained in this Article; and such consent <br />and approval shall be evidenced in writing and filed with the commission. <br />Article IV <br />The apportionment and allocation of the use of Costilla Creek water shall be as follows: <br />(a) There is allocated for diversion from the natural flow of Costilla Creek and its tributaries sufficient water for <br />beneficial use on meadow and pasture lands above Costilla Reservoir in New Mexico to the extent and in the manner <br />now prevailing in that area. <br />(b) There is allocated for diversion from the natural flow of Costilla Creek and its tributaries thirteen and forty-two <br />hundredths (13.42) cubic feet of water per second of time for beneficial use on lands in the Amalia Area in New <br />Mexico. <br />(c) In addition to allocations made in subsections (e), (f) and (g) of this Article, there is allocated for diversion from <br />the natural flow of Costilla Creek fifty and sixty-two hundredths (50.62) cubic feet of water per second of time for <br />Colorado and eighty-nine and eight hundredths (89.08) cubic feet of water per second of time for New Mexico, subject <br />to adjustment as provided in Article V (e), and such water shall be delivered for beneficial use in the two states in <br />accordance with the schedules and under the conditions set forth in Article V. <br />(d) There is allocated for diversion from the natural flow of Costilla Creek sufficient water to provide each year one <br />thousand (1,000) acre-feet of stored water in Eastdale Reservoir No. 1, such water to be delivered as provided in Article <br />V. <br />(e) There is allocated for diversion to Colorado thirty-six and five -tenths per cent (36.5%) and to New Mexico <br />sixty-three and five -tenths per cent (63.5%) of the water stored by Costilla Reservoir for release therefrom for irrigation <br />purposes each year, subject to adjustment as provided in Article V (e) and such water shall be delivered for beneficial <br />use in the two states on a parity basis in accordance with the provisions of Article V. By "parity basis" is meant that <br />neither state shall enjoy a priority of right of use. <br />(f) There is allocated for beneficial use in each of the states of Colorado and New Mexico one-half of the surplus <br />water, as defined in Article II (p), to be delivered as provided in Article V. <br />(g) There is allocated for beneficial use in each of the states of Colorado and New Mexico one-half of any water <br />made available and usable by additional storage facilities which may be constructed in the future. <br />Article V <br />The operation of the facilities of Costilla Creek and the delivery of water for the irrigation of land in Colorado and <br />New Mexico, in accordance with the allocations made in Article IV, shall be as follows: <br />(a) Diversions of water for use on lands in the Amalia Area shall be made as set forth in Article IV (b) in the order <br />of decreed priorities in New Mexico and of relative priority dates in the two states, subject to the right of New Mexico <br />to change the points of diversion and places of use of any of such water to other points of diversion and places of use; <br />provided, however, that the rights so transferred shall be limited in each instance to the quantity of water actually <br />consumed on the lands from which the right is transferred. <br />(b) Deliveries to Colorado of direct flow water below the Canyon Mouth shall be made by New Mexico in <br />accordance with the following schedule: <br />Deliveries of Direct Flow Water to Colorado During Irrigation Season <br />Usable <br />