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DWR_3375504
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Last modified
3/21/2019 1:24:48 PM
Creation date
1/16/2019 1:23:17 PM
Metadata
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Template:
Division Filing
Document Date
10/11/1948
Document Type - Division Filing
Compact, Agreement, or Memorandum of Understanding
Division
5
WDID
7299998
Subject
37-62-101: Upper Colorado River Compact
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(c) No apportionment is hereby made, or intended to be made of such use of water as the upper basin may be <br />entitled to under paragraphs (f) and (g) of article III of the Colorado river compact. <br />(d) The apportionment made by this article shall not be taken as any basis for the allocation among the signatory <br />states of any benefits resulting from the generation of power. <br />Article IV <br />In the event curtailment of use of water by the states of the upper division at any time shall become necessary in <br />order that the flow at Lee ferry shall not be depleted below that required by article III of the Colorado river compact, <br />the extent of curtailment by each state of the consumptive use of water apportioned to it by article III of this compact <br />shall be in such quantities and at such times as shall be determined by the commission upon the application of the <br />following principles: <br />(a) The extent and times of curtailment shall be such as to assure full compliance with article III of the Colorado <br />river compact; <br />(b) If any state or states of the upper division, in the ten years immediately preceding the water year in which <br />curtailment is necessary, shall have consumptively used more water than it was or they were, as the case may be, <br />entitled to use under the apportionment made by article III of this compact, such state or states shall be required to <br />supply at Lee ferry a quantity of water equal to its, or the aggregate of their, overdraft or the proportionate part of such <br />overdraft, as may be necessary to assure compliance with article III of the Colorado river compact, before demand is <br />made on any other state of the upper division: <br />(c) Except as provided in subparagraph (b) of this article, the extent of curtailment by each state of the upper <br />division of the consumptive use of water apportioned to it by article III of this compact shall be such as to result in the <br />delivery at Lee ferry of a quantity of water which bears the same relation to the total required curtailment of use by the <br />states of the upper division as the consumptive use of the upper Colorado river system water which was made by each <br />such state during the water year immediately preceding the year in which the curtailment becomes necessary bears to <br />the total consumptive use of such water in the states of the upper division during the same water year; provided, that in <br />determining such relation the uses of water under rights perfected prior to November 24, 1922, shall be excluded. <br />Article V <br />(a) All losses of water occurring from or as the result of the storage of water in reservoirs constructed prior to the <br />signing of this compact shall be charged to the state in which such reservoir or reservoirs are located. Water stored in <br />reservoirs covered by this paragraph (a) shall be for the exclusive use of and shall be charged to the state in which the <br />reservoir or reservoirs are located. <br />(b) All losses of water occurring from or as a result of the storage of water in reservoirs constructed after the <br />signing of this compact shall be charged as follows: <br />(1) If the commission finds that the reservoir is used, in whole or in part, to assist the states of the upper division in <br />meeting their obligations to deliver water at Lee ferry imposed by article III of the Colorado river compact, the <br />commission shall make findings, which in no event shall be contrary to the laws of the United States of America under <br />which any reservoir is constructed, as to the reservoir capacity allocated for that purpose. The whole or that proportion, <br />as the case may be, of reservoir losses as found by the commission to be reasonably and properly chargeable to the <br />reservoir or reservoir capacity utilized to assure deliveries at Lee ferry shall be charged to the states of the upper <br />division in the proportion which the consumptive use of water in each state of the upper division during the water year <br />in which the charge is made bears to the total consumptive use of water in all states of the upper division during the <br />same water year. Water stored in reservoirs or in reservoir capacity covered by this subparagraph (b) (1) shall be for the <br />common benefit of all of the states of the upper division. <br />(2) If the commission finds that the reservoir is used, in whole or in part, to supply water for use in a state of the <br />upper division, the commission shall make findings, which in no event shall be contrary to the laws of the United States <br />
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