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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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irrigated and the acreage irrigated in connection therewith. <br />(b) Waters used under rights from Henry's fork, Beaver creek, Burnt fork, Birch creek and their tributaries, initiated <br />after the signing of this compact shall be divided fifty per cent to the state of Wyoming and fifty per cent to the state of <br />Utah and each state may use said waters as and where it deems advisable. <br />(c) The state of Wyoming assents to the exclusive use by the state of Utah of the water of Sheep creek, except that <br />the lands, if any, presently irrigated in the state of Wyoming from the water of Sheep creek shall be supplied with water <br />from Sheep creek in order of priority and in such quantities as are in conformity with the laws of the state of Utah. <br />(d) In the event of the importation of water to Henry's fork, or any of its tributaries, from any other river basin, the <br />state making the importation shall have the exclusive use of such imported water unless by written agreement made by <br />the representatives of the states of Utah and Wyoming on the commission, it is otherwise provided. <br />(e) All consumptive use of waters of Henry's fork, Beaver creek, Burnt fork, Birch creek, Sheep creek, and their <br />tributaries shall be charged under the apportionment of article III hereof to the state in which the use is made; provided, <br />that consumptive use incident to the diversion, impounding or conveyance of water in one state for use in the other <br />shall be charged to the latter state. <br />(f) The states of Utah and Wyoming each assent to the diversion and storage of water in one state for use in the <br />other state, subject to compliance with article IX of this compact. It shall be the duty of the water administrative <br />officials of the state where the water is stored to release said stored water to the other state upon demand. If either the <br />state of Utah or the state of Wyoming shall construct a reservoir in the other state for use in its own state, the water <br />users of the state in which said facilities are constructed may purchase at cost a portion of the capacity of said reservoir <br />sufficient for the irrigation of their lands thereunder. <br />(g) In order to measure the flow of water diverted, each state shall cause suitable measuring devices to be <br />constructed, maintained and operated at or near the point of diversion into each ditch. <br />(h) The state engineers of the two states jointly shall appoint a special water commissioner who shall have authority <br />to administer the water in both states in accordance with the terms of this article. The salary and expenses of such <br />special water commissioner shall be paid, thirty per cent by the state of Utah and seventy per cent by the state of <br />Wyoming. <br />Article XIII <br />Subject to the provisions of this compact, the rights to the consumptive use of the water of the Yampa river, a <br />tributary entering the Green river in the state of Colorado, are hereby apportioned between the states of Colorado and <br />Utah in accordance with the following principles: <br />(a) The state of Colorado will not cause the flow of the Yampa river at the Maybell gauging station to be depleted <br />below an aggregate of 5,000,000 acre-feet for any period of ten consecutive years reckoned in continuing progressive <br />series beginning with the first day of October next succeeding the ratification and approval of this compact. In the event <br />any diversion is made from the Yampa river or from tributaries entering the Yampa river above the Maybell gauging <br />station for the benefit of any water use project in the state of Utah, then the gross amount of all such diversions for use <br />in the state of Utah, less any returns from such diversions to the river above Maybell, shall be added to the actual flow <br />at the Maybell gauging station to determine the total flow at the Maybell gauging station. <br />(b) All consumptive use of the waters of the Yampa river and its tributaries shall be charged under the <br />apportionment of article III hereof to the state in which the use is made; provided, that consumptive use incident to the <br />diversion, impounding or conveyance of water in one state for use in the other shall be charged to the latter state. <br />Article XIV <br />Subject to the provisions of this compact, the consumptive use of the waters of the San Juan river and its tributaries <br />
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