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first day of December of each year, shall be apportioned between the States in the following manner: <br />(a) Each State shall have the unrestricted right to use all the waters within its boundaries on each day when the <br />mean daily flow at the Interstate Station is one hundred cubic feet per second, or more. <br />(b) On all other days the State of Colorado shall deliver at the Interstate Station a quantity of water equivalent to <br />one-half of the mean flow at the Hesperus Station for the preceding day, but not to exceed one hundred cubic feet per <br />second. <br />3. Whenever the flow of the river is so low that in the judgment of the State Engineers of the States, the greatest <br />beneficial use of its waters may be secured by distributing all of its waters successively to the land in each State in <br />alternating periods, in lieu of delivery of water as provided in the second paragraph of this article the use of the waters <br />may be so rotated between the two States in such manner for such periods, and to continue for such time as the State <br />Engineers may jointly determine. <br />4. The State of New Mexico shall not at any time be entitled to receive nor shall the State of Colorado be required <br />to deliver any water not then necessary for beneficial use in the State of New Mexico. <br />5. A substantial delivery of water under the terms of this Article shall be deemed a compliance with its provisions <br />and minor and compensating irregularities in flow or delivery shall be disregarded. <br />Article III <br />The State Engineers of the States by agreement, from time to time, may formulate rules and regulations for carrying <br />out the provisions of this compact, which, when signed and promulgated by them, shall be binding until amended by <br />agreement between them or until terminated by written notice from one to the other. <br />Article IV <br />Whenever any official of either State is designated to perform any duty under this compact, such designation shall <br />be interpreted to include the State official or officials upon whom the duties now performed by such official may <br />hereafter devolve. <br />Article V <br />The physical and other conditions peculiar to the La Plata River and the territory drained and served thereby <br />constitute the basis for this compact, and neither of the signatory States concedes the establishment of any general <br />principle or precedent by the concluding of this compact. <br />Article VI <br />This compact may be modified or terminated at any time by mutual consent of the signatory States and upon such <br />termination all rights then established hereunder shall continue unimpaired. <br />Article VII <br />This compact shall become operative when approved by the Legislature of each of the signatory States and by the <br />Congress of the United States. Notice of approval by the Legislatures shall be given by the Governor of each State to <br />the Governor of the other State, and the President of the United States is requested to give notice to the Governors of <br />the signatory States of approval by the Congress of the United States. <br />IN WITNESS WHEREOF, The commissioners have signed this compact in duplicate originals, one of which shall <br />be deposited with the Secretary of State of each of the signatory States. <br />Done at the city of Santa Fe, in the State of New Mexico, this 27th day of November, in the year of our Lord One <br />