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1/16/2019 1:23:15 PM
Document Type - Division Filing
Compact, Agreement, or Memorandum of Understanding
37-68-101: AMENDED COSTILLA CREEK COMPACT
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37-68-101. Amended Costilla Creek compact. <br />The general assembly hereby ratifies the amended compact between the state of Colorado and the state of New <br />Mexico, designated as the "Amended Costilla Creek Compact", signed in the city of Santa Fe, state of New Mexico, on <br />the seventh day of February, A. D. 1963, by J. E. Whitten, commissioner for the state of Colorado, and S. E. Reynolds, <br />commissioner for the state of New Mexico, which said amended compact is as follows: <br />Amended Costilla Creek Compact <br />The state of Colorado and the state of New Mexico, parties signatory to this compact (hereinafter referred to as <br />"Colorado" and "New Mexico," respectively, or individually as a "state," or collectively as the "states"), having on <br />September 30, 1944 concluded, through their duly authorized commissioners, to -wit: Clifford H. Stone for Colorado <br />and Thomas M. McClure for New Mexico, a compact with respect to the water of Costilla Creek, an interstate stream, <br />which compact was ratified by the states in 1945 and was approved by the congress of the United States in 1946; and <br />The states, having resolved to conclude an amended compact with respect to the waters of Costilla Creek, have <br />designated, pursuant to the acts of their respective legislatures and through their appropriate executive agencies, as their <br />commissioners: <br />J. E. Whitten, for Colorado <br />S. E. Reynolds, for New Mexico <br />who, after negotiations, have agreed upon these articles: <br />Article I <br />The major purposes of this compact are to provide for the equitable division and apportionment of the use of the <br />waters of Costilla Creek; to promote interstate comity; to remove causes of present and future interstate controversies; <br />to assure the most efficient utilization of the waters of Costilla Creek; to provide for the integrated operation of existing <br />and prospective irrigation facilities on the stream in the two states; to adjust the conflicting jurisdictions of the two <br />states over irrigation works and facilities diverting and storing waters in one state for use in both states; to equalize the <br />benefits of water from Costilla Creek, used for the irrigation of contiguous lands lying on either side of the Boundary, <br />between the citizens and water users of one state and those of the other; and to place the beneficial application of water <br />diverted from Costilla Creek for irrigation by the water users of the two states on a common basis. <br />The physical and other conditions peculiar to the Costilla Creek and its basin, and the nature and location of the <br />irrigation development and the facilities in connection therewith, constitute the basis for this compact; and neither of <br />the States hereby, nor the Congress of the United States by its consent, concedes that this compact establishes any <br />general principle or precedent with respect to any other interstate stream. <br />Article II <br />As used in this compact, the following names, terms and expressions are described, defined, applied and taken to <br />mean as in this article set forth: <br />(a) "Costilla Creek" is a tributary of the Rio Grande which rises on the west slope of the Sangre de Cristo range in <br />the extreme southeastern corner of Costilla County in Colorado and flows in a general westerly direction crossing the <br />boundary three times above its confluence with the Rio Grande in New Mexico. <br />(b) The "Canyon Mouth" is that point on Costilla Creek in New Mexico where the stream leaves the mountains and <br />emerges into the San Luis Valley. <br />(c) The "Amalia Area" is that irrigated area in New Mexico above the Canyon Mouth and below the Costilla <br />Reservoir which is served by decreed direct flow water rights. <br />
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