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1/16/2019 1:23:17 PM
Document Type - Division Filing
Compact, Agreement, or Memorandum of Understanding
37-62-101: Upper Colorado River Compact
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(j) The term "Commission" means the administrative agency created by article VIII of this compact. <br />(k) The term "water year" means that period of twelve months ending September 30 of each year. <br />(1) The term "acre-foot" means the quantity of water required to cover an acre to the depth of one foot and is <br />equivalent to 43,560 cubic feet. <br />(m) The term "domestic use" shall include the use of water for household, stock, municipal, mining, milling, <br />industrial and other like purposes, but shall exclude the generation of electrical power. <br />(n) The term "virgin flow" means the flow of any stream undepleted by the activities of man. <br />Article III <br />(a) Subject to the provisions and limitations contained in the Colorado river compact and in this compact, there is <br />hereby apportioned from the upper Colorado river system in perpetuity to the states of Arizona, Colorado, New <br />Mexico, Utah and Wyoming, respectively, the consumptive use of water as follows: <br />(1) To the state of Arizona the consumptive use of 50,000 acre-feet of water per annum. <br />(2) To the states of Colorado, New Mexico, Utah and Wyoming, respectively, the consumptive use per annum of <br />the quantities resulting from the application of the following percentages to the total quantity of consumptive use per <br />annum appropriated in perpetuity to and available for use each year by upper basin under the Colorado river compact <br />and remaining after the deduction of the use, not to exceed 50,000 acre-feet per annum, made in the state of Arizona. <br />State of Colorado51.75 per cent, <br />State of New Mexico 11.25 per cent, <br />State of Utah23.00 per cent, <br />State of Wyomingl4.00 per cent. <br />(b) The apportionment made to the respective states by paragraph (a) of this article is based upon, and shall be <br />applied in conformity with, the following principles and each of them: <br />(1) The apportionment is of any and all man-made depletions; <br />(2) Beneficial use is the basis, the measure and the limit of the right to use; <br />(3) No state shall exceed the apportioned use in any water year when the effect of such excess use, as determined by <br />the commission, is to deprive another signatory state of its apportioned use during the water year; provided, that this <br />subparagraph (b) (3) shall not be construed as: <br />(i) Altering the apportionment of use, or obligations to make deliveries as provided in article XI, XII, XIII or XIV <br />of this compact; <br />(ii) Purporting to apportion among the signatory states of such uses of water as the upper basin may be entitled to <br />under paragraphs (f) and (g) of article III of the Colorado river compact; or <br />(iii) Countenancing average uses by any signatory state in excess of its apportionment. <br />(4) The apportionment to each state includes all water necessary for the supply of any rights which now exist. <br />
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