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Grande above Lobatos. Within the physical limitations of storage capacity in such reservoirs, Colorado shall retain
<br />water in storage at all times to the extent of its accrued debit.
<br />In the case of New Mexico, the accrued debit shall not exceed 200,000 acre-feet at any time, except as such debit
<br />may be caused by holdover storage of water in reservoirs constructed after 1929 in the drainage basin of the Rio
<br />Grande between Lobatos and San Marcial. Within the physical limitations of storage capacity in such reservoirs, New
<br />Mexico shall retain water in storage at all times to the extent of its accrued debit. In computing the magnitude of
<br />accrued credits or debits, New Mexico shall not be charged with any greater debt in any one year than the sum of
<br />150,000 acre-feet and all gains in the quantity of water in storage in such year.
<br />The commission by unanimous action may authorize the release from storage of any amount of water which is then
<br />being held in storage by reason of accrued debits of Colorado or New Mexico; provided, that such water shall be
<br />replaced at the first opportunity thereafter.
<br />In computing the amount of accrued credits and accrued debits of Colorado or New Mexico, any annual credits in
<br />excess of 150,000 acre-feet shall be taken as equal to that amount.
<br />In any year in which actual spill occurs, the accrued credits of Colorado, or New Mexico, or both, at the beginning
<br />of the year shall be reduced in proportion to their respective credits by the amount of such actual spill; provided, that
<br />the amount of actual spill shall be deemed to be increased by the aggregate gain in the amount of water in storage, prior
<br />to the time of spill, in reservoirs above San Marcial constructed after 1929; provided, further, that if the commissioners
<br />for the states having accrued credits authorized the release of part, or all, of such credits in advance of spill, the amount
<br />so released shall be deemed to constitute actual spill.
<br />In any year in which there is actual spill of usable water, or at the time of hypothetical spill thereof, all accrued
<br />debits of Colorado, or New Mexico, or both, at the beginning of the year shall be cancelled.
<br />In any year in which the aggregate of accrued debits of Colorado and New Mexico exceeds the minimum unfilled
<br />capacity of project storage, such debits shall be reduced proportionally to an aggregate amount equal to such minimum
<br />unfilled capacity.
<br />To the extent that accrued credits are impounded in reservoirs between San Marcial and Courchesne, and to the
<br />extent that accrued debits are impounded in reservoirs above San Marcial, such credits and debits shall be reduced
<br />annually to compensate for evaporation losses in the proportion that such credits or debits bore to the total amount of
<br />water in such reservoirs during the year.
<br />Article VII
<br />Neither Colorado nor New Mexico shall increase the amount of water in storage in reservoirs constructed after
<br />1929 whenever there is less than 400,000 acre-feet of usable water in project storage; provided, that if the actual
<br />releases of usable water from the beginning of the calendar year following the effective date of this compact, or from
<br />the beginning of the calendar year following actual spill, have aggregated more than an average of 790,000 acre-feet
<br />per annum, the time at which such minimum stage is reached shall be adjusted to compensate for the difference
<br />between the total actual release and releases at such average rate; provided, further, that Colorado or New Mexico, or
<br />both, may relinquish accrued credits at any time, and Texas may accept such relinquished water, and in such event the
<br />state, or states, so relinquishing shall be entitled to store water in the amount of the water so relinquished.
<br />Article VIII
<br />During the month of January of any year the commissioner for Texas may demand of Colorado and New Mexico,
<br />and the commissioner for New Mexico may demand of Colorado, the release of water from storage reservoirs
<br />constructed after 1929 to the amount of the accrued debits of Colorado and New Mexico, respectively, and such
<br />releases shall be made by each at the greatest rate practicable under the conditions then prevailing, and in proportion to
<br />the total debit of each, and in amounts, limited by their accrued debits, sufficient to bring the quantity of usable water
<br />in project storage to 600,000 acre-feet by March first and to maintain this quantity in storage until April thirtieth, to the
<br />end that a normal release of 790,000 acre-feet may be made from project storage in that year.
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