§ 37-62-101 — Upper Colorado River compact

Colorado § 37-62-101

• Jurisdiction: Colorado
• Title 37: Water and
• Art.: Upper Colorado River Compact

Text

The general assembly hereby
ratifies the compact among the states of Colorado, New Mexico, Utah, Wyoming,
and Arizona, designated as the Upper Colorado river basin compact and signed in
the city of Santa Fe, state of New Mexico, on the 11th day of October, A. D. 1948, by
Clifford H. Stone, commissioner for the state of Colorado, Fred E. Wilson,
commissioner for the state of New Mexico, Edward H. Watson, commissioner for the
state of Utah, L. C. Bishop, commissioner for the state of Wyoming, Charles A.
Carson, commissioner for the state of Arizona, and approved by Harry W. Bashore,
representative of the United States of America. Said compact is as follows:

Article I

(a) The major purposes of this compact are to provide for the equitable
division and apportionment of the use of the waters of the Colorado river system,
the use of which was apportioned in perpetuity to the upper basin by the Colorado
river compact; to establish the obligations of each state of the upper division with
respect to the deliveries of water required to be made at Lee ferry by the Colorado
river compact; to promote interstate comity; to remove causes of present and
future controversies; to secure the expeditious agricultural and industrial
development of the upper basin, the storage of water and to protect life and
property from floods.

(b) It is recognized that the Colorado river compact is in full force and effect
and all of the provisions hereof are subject thereto.

Article II

As used in this compact:

(a) The term Colorado river system means that portion of the Colorado river
and its tributaries within the United States of America.

(b) The term Colorado river basin means all of the drainage area of the
Colorado river system and all other territory within the United States of America to
which the waters of the Colorado river system shall be beneficially applied.

(c) The term states of the upper division means the states of Colorado,
New Mexico, Utah and Wyoming.

(d) The term states of the lower division means the states of Arizona,
California and Nevada.

(e) The term Lee ferry means a point in the main stream of the Colorado
river one mile below the mouth of the Paria river.

(f) The term upper basin means those parts of the states of Arizona,
Colorado, New Mexico, Utah and Wyoming within and from which waters naturally
drain into the Colorado river system above Lee ferry, and also all parts of said
states located without the drainage area of the Colorado river system which are
now or shall hereafter be beneficially served by waters diverted from the Colorado
river system above Lee ferry.

(g) The term lower basin means those parts of the states of Arizona,
California, Nevada, New Mexico and Utah within and from which waters naturally
drain into the Colorado river system below Lee ferry, and also all parts of said
states located without the drainage area of the Colorado river system which are
now or shall hereafter be beneficially served by waters diverted from the Colorado
river system below Lee ferry.

(h) The term Colorado river compact means the agreement concerning the
apportionment of the use of the waters of the Colorado river system dated
November 24, 1922, executed by commissioners for the states of Arizona,
California, Colorado, Nevada, New Mexico, Utah and Wyoming, approved by Herbert
Hoover, representative of the United States of America, and proclaimed effective
by the President of the United States of America, June 25, 1929.

(i) The term Upper Colorado river system means that portion of the
Colorado river system above Lee ferry.

(j) The term Commission means the administrative agency created by
article VIII of this compact.

(k) The term water year means that period of twelve months ending
September 30 of each year.

(l) The term acre-foot means the quantity of water required to cover an
acre to the depth of one foot and is equivalent to 43,560 cubic feet.

(m) The term domestic use shall include the use of water for household,
stock, municipal, mining, milling, industrial and other like purposes, but shall
exclude the generation of electrical power.

(n) The term virgin flow means the flow of any stream undepleted by the
activities of man.

Article III

(a) Subject to the provisions and limitations contained in the Colorado river
compact and in this compact, there is hereby apportioned from the upper Colorado
river system in perpetuity to the states of Arizona, Colorado, New Mexico, Utah and
Wyoming, respectively, the consumptive use of water as follows:

(1) To the state of Arizona the consumptive use of 50,000 acre-feet of water
per annum.

(2) To the states of Colorado, New Mexico, Utah and Wyoming, respectively,
the consumptive use per annum of the quantities resulting from the application of
the following percentages to the total quantity of consumptive use per annum
appropriated in perpetuity to and available for use each year by upper basin under
the Colorado river compact and remaining after the deduction of the use, not to
exceed 50,000 acre-feet per annum, made in the state of Arizona.

State of Colorado51.75 per cent,

State of New Mexico11.25 per cent,

State of Utah23.00 per cent,

State of Wyoming14.00 per cent.

(b) The apportionment made to the respective states by paragraph (a) of this
article is based upon, and shall be applied in conformity with, the following
principles and each of them:

(1) The apportionment is of any and all man-made depletions;

(2) Beneficial use is the basis, the measure and the limit of the right to use;

(3) No state shall exceed the apportioned use in any water year when the
effect of such excess use, as determined by the commission, is to deprive another
signatory state of its apportioned use during the water year; provided, that this
subparagraph (b)(3) shall not be construed as:

(i) Altering the apportionment of use, or obligations to make deliveries as
provided in article XI, XII, XIII or XIV of this compact;

(ii) Purporting to apportion among the signatory states of such uses of water
as the upper basin may be entitled to under paragraphs (f) and (g) of article III of the
Colorado river compact; or

(iii) Countenancing average uses by any signatory state in excess of its
apportionment.

(4) The apportionment to each state includes all water necessary for the
supply of any rights which now exist.

(c) No apportionment is hereby made, or intended to be made of such use of
water as the upper basin may be entitled to under paragraphs (f) and (g) of article III
of the Colorado river compact.

(d) The apportionment made by this article shall not be taken as any basis for
the allocation among the signatory states of any benefits resulting from the
generation of power.

Article IV

In the event curtailment of use of water by the states of the upper division at
any time shall become necessary in order that the flow at Lee ferry shall not be
depleted below that required by article III of the Colorado river compact, the extent
of curtailment by each state of the consumptive use of water apportioned to it by
article III of this compact shall be in such quantities and at such times as shall be
determined by the commission upon the application of the following principles:

(a) The extent and times of curtailment shall be such as to assure full
compliance with article III of the Colorado river compact;

(b) If any state or states of the upper division, in the ten years immediately
preceding the water year in which curtailment is necessary, shall have
consumptively used more water than it was or they were, as the case may be,
entitled to use under the apportionment made by article III of this compact, such
state or states shall be required to supply at Lee ferry a quantity of water equal to
its, or the aggregate of their, overdraft or the proportionate part of such overdraft,
as may be necessary to assure compliance with article III of the Colorado river
compact, before demand is made on any other state of the upper division;

(c) Except as provided in subparagraph (b) of this article, the extent of
curtailment by each state of the upper division of the consumptive use of water
apportioned to it by article III of this compact shall be such as to result in the
delivery at Lee ferry of a quantity of water which bears the same relation to the
total required curtailment of use by the states of the upper division as the
consumptive use of the upper Colorado river system water which was made by each
such state during the water year immediately preceding the year in which the
curtailment becomes necessary bears to the total consumptive use of such water in
the states of the upper division during the same water year; provided, that in
determining such relation the uses of water under rights perfected prior to
November 24, 1922, shall be excluded.

Article V

(a) All losses of water occurring from or as the result of the storage of water
in reservoirs constructed prior to the signing of this compact shall be charged to
the state in which such reservoir or reservoirs are located. Water stored in
reservoirs covered by this paragraph (a) shall be for the exclusive use of and shall
be charged to the state in which the reservoir or reservoirs are located.

(b) All losses of water occurring from or as a result of the storage of water in
reservoirs constructed after the signing of this compact shall be charged as
follows:

(1) If the commission finds that the reservoir is used, in whole or in part, to
assist the states of the upper division in meeting their obligations to deliver water
at Lee ferry imposed by article III of the Colorado river compact, the commission
shall make findings, which in no event shall be contrary to the laws of the United
States of America under which any reservoir is constructed, as to the reservoir
capacity allocated for that purpose. The whole or that proportion, as the case may
be, of reservoir losses as found by the commission to be reasonably and properly
chargeable to the reservoir or reservoir capacity utilized to assure deliveries at Lee
ferry shall be charged to the states of the upper division in the proportion which the
consumptive use of water in each state of the upper division during the water year
in which the charge is made bears to the total consumptive use of water in all
states of the upper division during the same water year. Water stored in reservoirs
or in reservoir capacity covered by this subparagraph (b)(1) shall be for the common
benefit of all of the states of the upper division.

(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 upper division, the commission shall make
findings, which in no event shall be contrary to the laws of the United States of
America under which any reservoir is constructed, as to the reservoir or reservoir
capacity utilized to supply water for use and the state in which such water will be
used. The whole or that proportion, as the case may be, of reservoir losses as found
by the commission to be reasonably and properly chargeable to the state in which
such water will be used shall be borne by that state. As determined by the
commission, water stored in reservoirs covered by this subparagraph (b)(2) shall be
earmarked for and charged to the state in which the water will be used.

(c) In the event the commission finds that a reservoir site is available both to
assure deliveries at Lee ferry and to store water for consumptive use in a state of
the upper division, the storage of water for consumptive use shall be given
preference. Any reservoir or reservoir capacity hereafter used to assure deliveries
at Lee ferry shall by order of the commission be used to store water for
consumptive use in a state, provided the commission finds that such storage is
reasonably necessary to permit such state to make the use of the water
apportioned to it by this compact.

Article VI

The commission shall determine the quantity of the consumptive use of
water, which use is apportioned by article III hereof, for the upper basin and for
each state of the upper basin by the inflow-outflow method in terms of man-made
depletions of the virgin flow at Lee ferry, unless the commission, by unanimous
action, shall adopt a different method of determination.

Article VII

The consumptive use of water by the United States of America or any of its
agencies, instrumentalities or wards shall be charged as a use by the state in which
the use is made; provided, that such consumptive use incident to the diversion,
impounding, or conveyance of water in one state for use in another shall be charged
to such latter state.

Article VIII

(a) There is hereby created an interstate administrative agency to be known
as the Upper Colorado river commission. The commission shall be composed of
one commissioner representing each of the states of the upper division, namely, the
states of Colorado, New Mexico, Utah and Wyoming, designated or appointed in
accordance with the laws of each such state and, if designated by the President,
one commissioner representing the United States of America. The President is
hereby requested to designate a commissioner. If so designated the commissioner
representing the United States of America shall be the presiding officer of the
commission and shall be entitled to the same powers and rights as the
commissioner of any state. Any four members of the commission shall constitute a
quorum.

(b) The salaries and personal expenses of each commissioner shall be paid
by the government which he represents. All other expenses which are incurred by
the commission incident to the administration of this compact, and which are not
paid by the United States of America, shall be borne by the four states according to
the percentage of consumptive use apportioned to each. On or before December 1
of each year, the commission shall adopt and transmit to the governors of the four
states and to the President a budget covering an estimate of its expenses for the
following year, and of the amount payable by each state. Each state shall pay the
amount due by it to the commission on or before April 1 of the year following. The
payment of the expenses of the commission and of its employees shall not be
subject to the audit and accounting procedures of any of the four states; however,
all receipts and disbursements of funds handled by the commission shall be audited
yearly by a qualified independent public accountant and the report of the audit
shall be included in and become a part of the annual report of the commission.

(c) The commission shall appoint a secretary, who shall not be a member of
the commission, or an employee of any signatory state or of the United States of
America while so acting. He shall serve for such term and receive such salary and
perform such duties as the commission may direct. The commission may employ
such engineering, legal, clerical and other personnel as, in its judgment, may be
necessary for the performance of its functions under this compact. In the hiring of
employees, the commission shall not be bound by the civil service laws of any state.

(d) The commission, so far as consistent with this compact, shall have the
power to:

(1) Adopt rules and regulations;

(2) Locate, establish, construct, abandon, operate and maintain water
gauging stations;

(3) Make estimates to forecast water run-off on the Colorado river and any
of its tributaries;

(4) Engage in co-operative studies of water supplies of the Colorado river
and its tributaries;

(5) Collect, analyze, correlate, preserve and report on data as to the stream
flows, storage, diversions and use of the waters of the Colorado river, and any of its
tributaries;

(6) Make findings as to the quantity of water of the upper Colorado river
system used each year in the upper Colorado river basin and in each state thereof;

(7) Make findings as to the quantity of water deliveries at Lee ferry during
each water year;

(8) Make findings as to the necessity for and the extent of the curtailment of
use, required, if any, pursuant to article IV hereof;

(9) Make findings as to the quantity of reservoir losses and as to the share
thereof chargeable under article V hereof to each of the states;

(10) Make findings of fact in the event of the occurrence of extraordinary
drought or serious accident to the irrigation system in the upper basin, whereby
deliveries by the upper basin of water which it may be required to deliver in order to
aid in fulfilling obligations of the United States of America to the United Mexican
States arising under the treaty between the United States of America and the
United Mexican States, dated February 3, 1944 (Treaty Series 994) become
difficult, and report such findings to the governors of the upper basin states, the
President of the United States of America, the United States section of the
international boundary and water commission, and such other federal officials and
agencies as it may deem appropriate to the end that the water allotted to Mexico
under division III of such treaty may be reduced in accordance with the terms of
such treaty;

(11) Acquire and hold such personal and real property as may be necessary
for the performance of its duties hereunder and to dispose of the same when no
longer required;

(12) Perform all functions required of it by this compact and do all things
necessary, proper or convenient in the performance of its duties hereunder, either
independently or in co-operation with any state or federal agency;

(13) Make and transmit annually to the governors of the signatory states and
the President of the United States of America, with the estimated budget, a report
covering the activities of the commission for the preceding water year.

(e) Except as otherwise provided in this compact the concurrence of four
members of the commission shall be required in any action taken by it.

(f) The commission and its secretary shall make available to the governor of
each of the signatory states any information within its possession at any time, and
shall always provide free access to its records by the governors of each of the
states, or their representatives or authorized representatives of the United States
of America.

(g) Findings of fact made by the commission shall not be conclusive in any
court, or before any agency or tribunal, but shall constitute prima facie evidence of
the facts found.

(h) The organization meeting of the commission shall be held within four
months from the effective date of this compact.

Article IX

(a) No state shall deny the right of the United States of America and, subject
to the conditions hereinafter contained, no state shall deny the right of another
signatory state, any person, or entity of any signatory state to acquire rights to the
use of water, or to construct or participate in the construction and use of diversion
works and storage reservoirs with appurtenant works, canals and conduits in one
state for the purpose of diverting, conveying, storing, regulating and releasing
water to satisfy the provisions of the Colorado river compact relating to the
obligation of the states of the upper division to make deliveries of water at Lee
ferry, or for the purpose of diverting, conveying, storing or regulating water in an
upper signatory state for consumptive use in a lower signatory state, when such
use is within the apportionment to such lower state made by this compact. Such
rights shall be subject to the rights of water users, in a state in which such reservoir
or works are located, to receive and use water, the use of which is within the
apportionment to such state by this compact.

(b) Any signatory state, any person or any entity of any signatory state shall
have the right to acquire such property rights as are necessary to the use of water
in conformity with this compact in any other signatory state by donation, purchase
or through the exercise of the power of eminent domain. Any signatory state, upon
the written request of the governor of any other signatory state, for the benefit of
whose water users property is to be acquired in the state to which such written
request is made, shall proceed expeditiously to acquire the desired property either
by purchase at a price satisfactory to the requesting state, or, if such purchase
cannot be made, then through the exercise of its power of eminent domain and
shall convey such property to the requesting state or such entity as may be
designated by the requesting state; provided, that all costs of acquisition and
expenses of every kind and nature whatsoever incurred in obtaining the requested
property shall be paid by the requesting state at the time and in the manner
prescribed by the state requested to acquire the property.

(c) Should any facility be constructed in a signatory state by and for the
benefit of another signatory state or states or the water users thereof, as above
provided, the construction, repair, replacement, maintenance and operation of such
facility shall be subject to the laws of the state in which the facility is located,
except that, in the case of a reservoir constructed in one state for the benefit of
another state or states, the water administration officials of the state in which the
facility is located shall permit the storage and release of any water which, as
determined by findings of the commission, falls within the apportionment of the
state or states for whose benefit the facility is constructed. In the case of a
regulating reservoir for the joint benefit of all states in making Lee ferry deliveries,
the water administration officials of the state in which the facility is located, in
permitting the storage and release of water, shall comply with the findings and
orders of the commission.

(d) In the event property is acquired by a signatory state in another signatory
state for the use and benefit of the former, the users of water made available by
such facilities, as a condition precedent to the use thereof, shall pay to the political
subdivisions of the state in which such works are located, each and every year
during which such rights are enjoyed for such purposes, a sum of money equivalent
to the average annual amount of taxes levied and assessed against the land and
improvements thereon during the ten years preceding the acquisition of such land.
Said payments shall be in full reimbursement for the loss of taxes in such political
subdivisions of the state, and in lieu of any and all taxes on said property,
improvements and rights. The signatory states recommend to the President and the
congress that, in the event the United States of America shall acquire property in
one of the signatory states for the benefit of another signatory state, or its water
users, provision be made for like payment in reimbursement of loss of taxes.

Article X

(a) The signatory states recognize La Plata river compact entered into
between the states of Colorado and New Mexico, dated November 27, 1922,
approved by the congress on January 29, 1925 (43 Stat. 796), and this compact
shall not affect the apportionment therein made.

(b) All consumptive use of water of La Plata river and its tributaries shall be
charged under the apportionment of article III hereof to the state in which the use is
made; provided, that consumptive use incident to the diversion, impounding or
conveyance of water in one state for use in the other shall be charged to the latter
state.

Article XI

Subject to the provisions of this compact, the consumptive use of the water
of the Little Snake river and its tributaries is hereby apportioned between the
states of Colorado and Wyoming in such quantities as shall result from the
application of the following principles and procedures:

(a) Water used under rights existing prior to the signing of this compact.

(1) Water diverted from any tributary of the Little Snake river or from the
main stem of the Little Snake river above a point one hundred feet above the
confluence of Savery creek and the Little Snake river shall be administered without
regard to rights covering the diversion of water from any down-stream points.

(2) Water diverted from the main stem of the Little Snake river below a point
one hundred feet below the confluence of Savery creek and the Little Snake river
shall be administered on the basis of an interstate priority schedule prepared by the
commission in conformity with priority dates established by the laws of the
respective states.

(b) Water used under rights initiated subsequent to the signing of this
compact.

(1) Direct flow diversions shall be so administered that, in time of shortage,
the curtailment of use on each acre of land irrigated thereunder shall be as nearly
equal as may be possible in both of the states.

(2) The storage of water by projects located in either state, whether of
supplemental supply or of water used to irrigate land not irrigated at the date of
the signing of this compact, shall be so administered that in times of water
shortage the curtailment of storage of water available for each acre of land
irrigated thereunder shall be as nearly equal as may be possible in both states.

(c) Water users under the apportionment made by this article shall be in
accordance with the principle that beneficial use shall be the basis, measure and
limit of the right to use.

(d) The states of Colorado and Wyoming each assent to diversions and
storage of water in one state for use in the other state, subject to compliance with
article IX of this compact.

(e) In the event of the importation of water to the Little Snake river basin
from any other river basin, the state making the importation shall have the
exclusive use of such imported water unless by written agreement, made by the
representatives of the states of Colorado and Wyoming on the commission, it is
otherwise provided.

(f) Water use projects initiated after the signing of this compact, to the
greatest extent possible, shall permit the full use within the basin in the most
feasible manner of the waters of the Little Snake river and its tributaries, without
regard to the state line; and, so far as is practicable, shall result in an equal division
between the states of the use of water not used under rights existing prior to the
signing of this compact.

(g) All consumptive use of the waters of the Little Snake river and its
tributaries shall be charged under the apportionment of article III hereof to the
state in which the use is made; provided, that consumptive use incident to the
diversion, impounding or conveyance of water in one state for use in the other shall
be charged to the latter state.

Article XII

Subject to the provisions of this compact, the consumptive use of the waters
of Henry's fork, a tributary of Green river originating in the state of Utah and
flowing into the state of Wyoming and thence into the Green river in the state of
Utah; Beaver creek, originating in the state of Utah and flowing into Henry's fork in
the state of Wyoming; Burnt fork, a tributary of Henry's fork, originating in the state
of Utah and flowing into Henry's fork in the state of Wyoming; Birch creek, a
tributary of Henry's fork originating in the state of Utah and flowing into Henry's
fork in the state of Wyoming; and Sheep creek, a tributary of Green river in the state
of Utah and their tributaries, are hereby apportioned between the states of Utah
and Wyoming in such quantities as will result from the application of the following
principles and procedures:

(a) Waters used under rights existing prior to the signing of this compact.

Waters diverted from Henry's fork, Beaver creek, Burnt fork, Birch creek and
their tributaries, shall be administered without regard to the state line on the basis
of an interstate priority schedule to be prepared by the states affected and
approved by the commission in conformity with the actual priority of right of use,
the water requirements of the land irrigated and the acreage irrigated in connection
therewith.

(b) Waters used under rights from Henry's fork, Beaver creek, Burnt fork,
Birch creek and their tributaries, initiated 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 Utah
and each state may use said waters as and where it deems advisable.

(c) The state of Wyoming assents to the exclusive use by the state of Utah of
the water of Sheep creek, except that the lands, if any, presently irrigated in the
state of Wyoming from the water of Sheep creek shall be supplied with water from
Sheep creek in order of priority and in such quantities as are in conformity with the
laws of the state of Utah.

(d) In the event of the importation of water to Henry's fork, or any of its
tributaries, from any other river basin, the state making the importation shall have
the exclusive use of such imported water unless by written agreement made by the
representatives of the states of Utah and Wyoming on the commission, it is
otherwise provided.

(e) All consumptive use of waters of Henry's fork, Beaver creek, Burnt fork,
Birch creek, Sheep creek, and their tributaries shall be charged under the
apportionment of article III hereof to the state in which the use is made; provided,
that consumptive use incident to the diversion, impounding or conveyance of water
in one state for use in the other shall be charged to the latter state.

(f) The states of Utah and Wyoming each assent to the diversion and storage
of water in one state for use in the other state, subject to compliance with article IX
of this compact. It shall be the duty of the water administrative officials of the state
where the water is stored to release said stored water to the other state upon
demand. If either the state of Utah or the state of Wyoming shall construct a
reservoir in the other state for use in its own state, the water users of the state in
which said facilities are constructed may purchase at cost a portion of the capacity
of said reservoir sufficient for the irrigation of their lands thereunder.

(g) In order to measure the flow of water diverted, each state shall cause
suitable measuring devices to be constructed, maintained and operated at or near
the point of diversion into each ditch.

(h) The state engineers of the two states jointly shall appoint a special water
commissioner who shall have authority to administer the water in both states in
accordance with the terms of this article. The salary and expenses of such special
water commissioner shall be paid, thirty per cent by the state of Utah and seventy
per cent by the state of Wyoming.

Article XIII

Subject to the provisions of this compact, the rights to the consumptive use
of the water of the Yampa river, a tributary entering the Green river in the state of
Colorado, are hereby apportioned between the states of Colorado and Utah in
accordance with the following principles:

(a) The state of Colorado will not cause the flow of the Yampa river at the
Maybell gauging station to be depleted below an aggregate of 5,000,000 acre-feet
for any period of ten consecutive years reckoned in continuing progressive series
beginning with the first day of October next succeeding the ratification and
approval of this compact. In the event any diversion is made from the Yampa river or
from tributaries entering the Yampa river above the Maybell gauging station for the
benefit of any water use project in the state of Utah, then the gross amount of all
such diversions for use in the state of Utah, less any returns from such diversions to
the river above Maybell, shall be added to the actual flow at the Maybell gauging
station to determine the total flow at the Maybell gauging station.

(b) All consumptive use of the waters of the Yampa river and its tributaries
shall be charged under the apportionment of article III hereof to the state in which
the use is made; provided, that consumptive use incident to the diversion,
impounding or conveyance of water in one state for use in the other shall be
charged to the latter state.

Article XIV

Subject to the provisions of this compact, the consumptive use of the waters
of the San Juan river and its tributaries is hereby apportioned between the states of
Colorado and New Mexico as follows:

The state of Colorado agrees to deliver to the state of New Mexico from the
San Juan river and its tributaries which rise in the state of Colorado a quantity of
water which shall be sufficient, together with water originating in the San Juan
basin in the state of New Mexico, to enable the state of New Mexico to make full
use of the water apportioned to the state of New Mexico by article III of this
compact, subject, however, to the following:

(a) A first and prior right shall be recognized as to:

(1) All uses of water made in either state at the time of the signing of this
compact; and

(2) All uses of water contemplated by projects authorized, at the time of the
signing of this compact under the laws of the United States of America whether or
not such projects are eventually constructed by the United States of America or by
some other entity.

(b) The state of Colorado assents to diversions and storage of water in the
state of Colorado for use in the state of New Mexico, subject to compliance with
article IX of this compact.

(c) The uses of the waters of the San Juan river and any of its tributaries
within either state which are dependent upon a common source of water and which
are not covered by (a) hereof, shall in times of water shortages be reduced in such
quantity that the resulting consumptive use in each state will bear the same
proportionate relation to the consumptive use made in each state during times of
average water supply as determined by the commission; provided, that any
preferential uses of water to which Indians are entitled under article XIX shall be
excluded in determining the amount of curtailment to be made under this
paragraph.

(d) The curtailment of water use by either state in order to make deliveries at
Lee ferry as required by article IV of this compact shall be independent of any and
all conditions imposed by this article and shall be made by each state, as and when
required, without regard to any provision of this article.

(e) All consumptive use of the waters of the San Juan river and its tributaries
shall be charged under the apportionment of article III hereof to the state in which
the use is made; provided, that consumptive use incident to the diversion,
impounding or conveyance of water in one state for use in the other shall be
charged to the latter state.

Article XV

(a) Subject to the provisions of the Colorado river compact and of this
compact, water of the upper Colorado river system may be impounded and used for
the generation of electrical power, but such impounding and use shall be
subservient to the use and consumption of such water for agricultural and domestic
purposes and shall not interfere with or prevent use for such dominant purposes.

(b) The provisions of this compact shall not apply to or interfere with the
right or power of any signatory state to regulate within its boundaries the
appropriation, use and control of water, the consumptive use of which is
apportioned and available to such state by this compact.

Article XVI

The failure of any state to use the water, or any part thereof, the use of which
is apportioned to it under the terms of this compact, shall not constitute a
relinquishment of the right to such use to the lower basin or to any other state, nor
shall it constitute a forfeiture or abandonment of the right to such use.

Article XVII

The use of any water now or hereafter imported into the natural drainage
basin of the upper Colorado river system shall not be charged to any state under
the apportionment of consumptive use made by this compact.

Article XVIII

(a) The state of Arizona reserves its rights and interest under the Colorado
river compact as a state of the lower division and as a state of the lower basin.

(b) The state of New Mexico and the state of Utah reserve their respective
rights and interests under the Colorado river compact as states of the lower basin.

Article XIX

Nothing in this compact shall be construed as:

(a) Affecting the obligations of the United States of America to Indian tribes;

(b) Affecting the obligations of the United States of America under the
treaty with the United Mexican States (Treaty Series 994);

(c) Affecting any rights or powers of the United States of America, its
agencies or instrumentalities, in or to the waters of the upper Colorado river
system, or its capacity to acquire rights in and to the use of said water;

(d) Subjecting any property of the United States of America, its agencies or
instrumentalities, to taxation by any state or subdivision thereof, or creating any
obligation on the part of the United States of America, its agencies or
instrumentalities, by reason of the acquisition, construction or operation of any
property or works of whatever kind, to make any payment to any state or political
subdivision thereof, state agency, municipality or entity whatsoever, in
reimbursement for the loss of taxes;

(e) Subjecting any property of the United States of America, its agencies or
instrumentalities, to the laws of any state to an extent other than the extent to
which such laws would apply without regard to this compact.

Article XX

This compact may be terminated at any time by the unanimous agreement of
the signatory states. In the event of such termination, all rights established under it
shall continue unimpaired.

Article XXI

This compact shall become binding and obligatory when it shall have been
ratified by the legislatures of each of the signatory states and approved by the
congress of the United States of America. Notice of ratification by the legislatures
of the signatory states shall be given by the governor of each signatory state to the
governor of each of the other signatory states and to the President of the United
States of America, and the President is hereby requested to give notice to the
governor of each of the signatory states of approval by the congress of the United
States of America.

IN WITNESS WHEREOF, the commissioners have executed six counterparts
hereof each of which shall be and constitute an original, one of which shall be
deposited in the archives of the department of state of the United States of
America, and one of which shall be forwarded to the governor of each of the
signatory states.

Done at the city of Santa Fe, state of New Mexico, this 11th day of October,
1948.

Charles A. Carlson,

Commissioner for the

State of Arizona.

Clifford H. Stone,

Commissioner for the

State of Colorado.

Fred E. Wilson,

Commissioner for the

State of New Mexico.

Edward H. Watson,

Commissioner for the

State of Utah.

L. C. Bishop,

Commissioner for the

State of Wyoming.

Grover A. Giles,

Secretary.

Approved:

Harry W. Bashore,

Representative of the

United States of America.

Legislative History

Source: L. 49: p. 498, � 1. CSA: C. 90, � 64(1). CRS 53: � 148-8-1. C.R.S. 1963: � 149-8-1.