The General Assembly hereby
approves the compact, designated as the La Plata River Compact, signed at the
City of Santa Fe, State of New Mexico, on the 27th day of November, A. D. 1922, by
Delph E. Carpenter as the Commissioner for the State of Colorado, under authority
of and in conformity with the provisions of an Act of the General Assembly of the
State of Colorado, approved April 2, 1921, entitled An Act providing for the
appointment of a commissioner on behalf of the State of Colorado to negotiate a
compact or agreement between the States of Colorado and New Mexico respecting
the use and distribution of the waters of the La Plata River and the rights of said
States thereto, and making an appropriation therefor., the same being Chapter 244
of the Session Laws of Colorado, 192
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The General Assembly hereby
approves the compact, designated as the La Plata River Compact, signed at the
City of Santa Fe, State of New Mexico, on the 27th day of November, A. D. 1922, by
Delph E. Carpenter as the Commissioner for the State of Colorado, under authority
of and in conformity with the provisions of an Act of the General Assembly of the
State of Colorado, approved April 2, 1921, entitled An Act providing for the
appointment of a commissioner on behalf of the State of Colorado to negotiate a
compact or agreement between the States of Colorado and New Mexico respecting
the use and distribution of the waters of the La Plata River and the rights of said
States thereto, and making an appropriation therefor., the same being Chapter 244
of the Session Laws of Colorado, 1921, and signed by Stephen B. Davis, Jr., as the
Commissioner for the State of New Mexico, under legislative authority, which said
compact is as follows:
La Plata River Compact
The State of Colorado and the State of New Mexico, desiring to provide for
the equitable distribution of the waters of the La Plata River and to remove all
causes of present and future controversy between them with respect thereto, and
being moved by considerations of interstate comity, pursuant to Acts of their
respective Legislatures, have resolved to conclude a compact for these purposes
and have named as their commissioners:
Delph E. Carpenter, for the State of Colorado; and Stephen B. Davis, Jr., for
the State of New Mexico; who have agreed upon the following Articles:
Article I
The State of Colorado, at its own expense, shall establish and maintain two
permanent stream-gauging stations upon the La Plata River for the purpose of
measuring and recording its flow, which shall be known as the Hesperus Station
and the Interstate Station, respectively.
The Hesperus Station shall be located at some convenient place near the
village of Hesperus, Colorado. Suitable devices for ascertaining and recording the
volume of all diversions from the river above Hesperus Station, shall be established
and maintained (without expense to the State of New Mexico), and whenever in this
compact reference is made to the flow of the river at Hesperus Station, it shall be
construed to include the amount of the concurrent diversions above said station.
The Interstate Station shall be located at some convenient place within one
mile of, and above or below, the interstate line. Suitable devices for ascertaining
and recording the volume of water diverted by the Enterprise and Pioneer Canals,
now serving approximately equal areas in both States, shall be established and
maintained (without expense to the State of New Mexico), and whenever in this
compact reference is made to the flow of the river at the Interstate Station, it shall
be construed to include one-half the volume of the concurrent diversions by such
canals, and also the volume of any other water which may hereafter be diverted
from said river in Colorado for use in New Mexico.
Each of said stations shall be equipped with suitable devices for recording
the flow of water in said river at all times between the 15th day of February and the
1st day of December of each year. The State Engineers of the signatory States shall
make provision for co-operating gauging at the two stations, for the details of the
operation, exchange of records and data, and publication of the facts.
Article II
The waters of the La Plata River are hereby equitably apportioned between
the signatory States, including the citizens thereof, as follows:
1. At all times between the first day of December and the fifteenth day of the
succeeding February, each State shall have the unrestricted right to use of all
water which may flow within its boundaries.
2. By reason of the usual annual rise and fall, the flow of said river between
the fifteenth day of February and the first day of December of each year, shall be
apportioned between the States in the following manner:
(a) Each State shall have the unrestricted right to use all the waters within
its boundaries on each day when the mean daily flow at the Interstate Station is one
hundred cubic feet per second, or more.
(b) On all other days the State of Colorado shall deliver at the Interstate
Station a quantity of water equivalent to one-half of the mean flow at the Hesperus
Station for the preceding day, but not to exceed one hundred cubic feet per second.
3. Whenever the flow of the river is so low that in the judgment of the State
Engineers of the States, the greatest beneficial use of its waters may be secured by
distributing all of its waters successively to the land in each State in alternating
periods, in lieu of delivery of water as provided in the second paragraph of this
article the use of the waters may be so rotated between the two States in such
manner for such periods, and to continue for such time as the State Engineers may
jointly determine.
4. The State of New Mexico shall not at any time be entitled to receive nor
shall the State of Colorado be required to deliver any water not then necessary for
beneficial use in the State of New Mexico.
5. A substantial delivery of water under the terms of this Article shall be
deemed a compliance with its provisions and minor and compensating irregularities
in flow or delivery shall be disregarded.
Article III
The State Engineers of the States by agreement, from time to time, may
formulate rules and regulations for carrying out the provisions of this compact,
which, when signed and promulgated by them, shall be binding until amended by
agreement between them or until terminated by written notice from one to the
other.
Article IV
Whenever any official of either State is designated to perform any duty under
this compact, such designation shall be interpreted to include the State official or
officials upon whom the duties now performed by such official may hereafter
devolve.
Article V
The physical and other conditions peculiar to the La Plata River and the
territory drained and served thereby constitute the basis for this compact, and
neither of the signatory States concedes the establishment of any general principle
or precedent by the concluding of this compact.
Article VI
This compact may be modified or terminated at any time by mutual consent
of the signatory States and upon such termination all rights then established
hereunder shall continue unimpaired.
Article VII
This compact shall become operative when approved by the Legislature of
each of the signatory States and by the Congress of the United States. Notice of
approval by the Legislatures shall be given by the Governor of each State to the
Governor of the other State, and the President of the United States is requested to
give notice to the Governors of the signatory States of approval by the Congress of
the United States.
IN WITNESS WHEREOF, The commissioners have signed this compact in
duplicate originals, one of which shall be deposited with the Secretary of State of
each of the signatory States.
Done at the city of Santa Fe, in the State of New Mexico, this 27th day of
November, in the year of our Lord One Thousand Nine Hundred and Twenty-Two.
Delph E. Carpenter,
Stephen B. Davis, Jr.