37-63-101. The La Plata River compact.
<br />The General Assembly hereby approves the compact, designated as the "La Plata River Compact", signed at the
<br />City of Santa Fe, State of New Mexico, on the 27th day of November, A. D. 1922, by Delph E. Carpenter as the
<br />Commissioner for the State of Colorado, under authority of and in conformity with the provisions of an Act of the
<br />General Assembly of the State of Colorado, approved April 2, 1921, entitled "An Act providing for the appointment of
<br />a commissioner on behalf of the State of Colorado to negotiate a compact or agreement between the States of Colorado
<br />and New Mexico respecting the use and distribution of the waters of the La Plata River and the rights of said States
<br />thereto, and making an appropriation therefor.", the same being Chapter 244 of the Session Laws of Colorado, 1921,
<br />and signed by Stephen B. Davis, Jr., as the Commissioner for the State of New Mexico, under legislative authority,
<br />which said compact is as follows:
<br />La Plata River Compact
<br />The State of Colorado and the State of New Mexico, desiring to provide for the equitable distribution of the waters
<br />of the La Plata River and to remove all causes of present and future controversy between them with respect thereto, and
<br />being moved by considerations of interstate comity, pursuant to Acts of their respective Legislatures, have resolved to
<br />conclude a compact for these purposes and have named as their commissioners:
<br />Delph E. Carpenter, for the State of Colorado; and Stephen B. Davis, Jr., for the State of New Mexico; who have
<br />agreed upon the following Articles:
<br />Article I
<br />The State of Colorado, at its own expense, shall establish and maintain two permanent stream -gauging stations
<br />upon the La Plata River for the purpose of measuring and recording its flow, which shall be known as the Hesperus
<br />Station and the Interstate Station, respectively.
<br />The Hesperus Station shall be located at some convenient place near the village of Hesperus, Colorado. Suitable
<br />devices for ascertaining and recording the volume of all diversions from the river above Hesperus Station, shall be
<br />established and maintained (without expense to the State of New Mexico), and whenever in this compact reference is
<br />made to the flow of the river at Hesperus Station, it shall be construed to include the amount of the concurrent
<br />diversions above said station.
<br />The Interstate Station shall be located at some convenient place within one mile of, and above or below, the
<br />interstate line. Suitable devices for ascertaining and recording the volume of water diverted by the Enterprise and
<br />Pioneer Canals, now serving approximately equal areas in both States, shall be established and maintained (without
<br />expense to the State of New Mexico), and whenever in this compact reference is made to the flow of the river at the
<br />Interstate Station, it shall be construed to include one-half the volume of the concurrent diversions by such canals, and
<br />also the volume of any other water which may hereafter be diverted from said river in Colorado for use in New Mexico.
<br />Each of said stations shall be equipped with suitable devices for recording the flow of water in said river at all times
<br />between the 15th day of February and the 1st day of December of each year. The State Engineers of the signatory
<br />States shall make provision for co-operating gauging at the two stations, for the details of the operation, exchange of
<br />records and data, and publication of the facts.
<br />Article II
<br />The waters of the La Plata River are hereby equitably apportioned between the signatory States, including the
<br />citizens thereof, as follows:
<br />1. At all times between the first day of December and the fifteenth day of the succeeding February, each State shall
<br />have the unrestricted right to use of all water which may flow within its boundaries.
<br />2. By reason of the usual annual rise and fall, the flow of said river between the fifteenth day of February and the