73-13-10 - Text of compact.
73-13-10. Text of compact.
The text of said Compact is as follows:
The State of Arizona, the State of Colorado, the State of New Mexico, the State of Utahand the State of Wyoming, acting through their Commissioners,
Charles A. Carson for the State of Arizona,
Clifford H. Stone for the State of Colorado,
Fred E. Wilson for the State of New Mexico,
Edward H. Watson for the State of Utah and
L. C. Bishop for the State of Wyoming, after negotiations participated in by HarryW. Bashore, appointed by the President as the representative of the United States of America,have agreed, subject to the provisions of the Colorado River Compact, to determine the rights andobligation of each signatory state respecting the uses and deliveries of the water of the UpperBasin of the Colorado River, as follows:
(a) That major purposes of this Compact are to provide for the equitable division andapportionment of the use of the waters of the Colorado River System, the use of which wasapportioned in perpetuity to the Upper Basin by the Colorado River Compact; to establish theobligations of each state of the Upper Division with respect to the deliveries of water required tobe made at Lee Ferry by the Colorado River Compact; to promote interstate comity; to removecauses of present and future controversies; to secure the expeditious agricultural and industrialdevelopment of the Upper Basin, the storage of water and to protect life and property fromfloods.
(b) It is recognized that the Colorado River Compact is in full force and effect and all ofthe provisions hereof are subject thereto.
As used in this Compact:
(a) The term "Colorado River System" means that portion of the Colorado River and itstributaries within the United States of America.
(b) The term "Colorado River Basin" means all of the drainage area of the ColoradoRiver System and all other territory within the United States of America to which the waters ofthe 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 andNevada.
(e) The term "Lee Ferry" means a point in the main stream of the Colorado River onemile below the mouth of the Paria River.
(f) The term "Upper Basin" means those parts of the States of Arizona, Colorado, NewMexico, Utah and Wyoming within and from which naturally drain into the Colorado RiverSystem above Lee Ferry, and also all parts of said States located without the drainage area of theColorado River System which are now or shall hereafter be beneficially served by waters divertedfrom 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 ColoradoRiver 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 watersdiverted from the Colorado River System below Lee Ferry.
(h) The term "Colorado River Compact" means the agreement concerning theapportionment 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, NewMexico, Utah and Wyoming, approved by Herbert Hoover, representative of the United States ofAmerica, 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 RiverSystem above Lee Ferry.
(j) The term "Commission" means the administrative agency created by Article VIII ofthis Compact.
(k) The term "water year" means that period of twelve months ending September 30 ofeach year.
(l) The term "acre-foot" means the quantity of water required to cover an acre to thedepth 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 ofelectrical power.
(n) The term "virgin flow" means the flow of any stream undepleted by the activities ofman.
(a) Subject to the provisions and limitations contained in the Colorado River Compactand in this Compact there is hereby apportioned from the Upper Colorado River System inperpetuity to the States of Arizona, Colorado, New Mexico, Utah and Wyoming, respectively, theconsumptive use of water as follows:
(1) To the State of Arizona the consumptive use of 50,000 acre-feet per annum.
(2) To the States of Colorado, New Mexico, Utah and Wyoming, respectively theconsumptive use per annum of the quantities resulting from the application of the followingpercentages to the total quantity of consumptive use per annum apportioned in perpetuity to andavailable for use each year by Upper Basin under the Colorado Compact and remaining after thededuction of the use, not to exceed 50,000 acre-feet per annum, made in the State of Arizona.
State of Colorado
State of New Mexico
State of Utah
State of Wyoming
(b) The apportionment made to the respective States by paragraph (a) of this Article isbased 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 its apportioned use in any water year when the effect of suchexcess use, as determined by the Commission, is to deprive another signatory State of itsapportioned use during that water year; provided, that this subparagraph (b)(3) shall not beconstrued 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 such uses of water as the UpperBasin may be entitled to under paragraphs (f) and (g) of Article III of the Colorado RiverCompact; 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 anyrights which now exist.
(c) No apportionment is hereby made, or intended to be made, of such uses of water asthe Upper Basin may be entitled to under paragraphs (f) and (g) of Article III of the ColoradoRiver Compact.
(d) The apportionment made by this Article shall not be taken as any basis for theallocation among the signatory States of any benefits resulting from the generation of power.
In the event curtailment of use of water by the States of the Upper Division at any timeshall become necessary in order that the flow at Lee Ferry shall not be depleted below thatrequired by Article III of the Colorado River Compact, the extent of curtailment by each State ofthe consumptive use of water apportioned to it by Article III of this Compact shall be in suchquantities and at such times as shall be determined by the Commission upon the application of thefollowing principles:
(a) The extent and times of curtailment shall be such as to assure full compliance withArticle III of the Colorado River Compact;
(b) If any State or States of the Upper Division, in the ten years immediately precedingthe water year in which curtailment is necessary, shall have consumptively used more water thanit was or they were, as the case may be, entitled to use under the apportionment made by ArticleIII of this Compact, such State or States shall be required to supply at Lee Ferry a quantity ofwater 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, beforedemand is made on any other State of the Upper Division;
(c) Except as provided in subparagraph (b) of this Article, the extent of curtailment byeach State of the Upper Division of the consumptive use of water apportioned to it by Article IIIof this Compact shall be such as to result in the delivery at Lee Ferry of a quantity of water whichbears the same relation to the total required curtailment of use by the States of the Upper Divisionas the consumptive use of Upper Colorado River System water which was made by each suchState during the water year immediately preceding the year in which the curtailment becomesnecessary bears to the total consumptive use of such water in the States of the Upper Divisionduring the same water year; provided, that in determining such relation the uses of water underrights perfected prior to November 24, 1922, shall be excluded.
(a) All losses of water occurring from or as the result of the storage of water in reservoirsconstructed prior to the signing of this Compact shall be charged to the State in which suchreservoir or reservoirs are located. Water stored in reservoirs covered by this paragraph (a) shallbe for the exclusive use of and shall be charged to the State in which the reservoir or reservoirsare located.
(b) All losses of water occurring from or as the result of the storage of water in reservoirsconstructed 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 theStates of the Upper Division in meeting their obligations to deliver water at Lee Ferry imposed byArticle III of the Colorado River Compact, the Commission shall make findings, which in noevent shall be contrary to the laws of the United States of America under which any reservoir isconstructed, 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 properlychargeable to the reservoir or reservoir capacity utilized to assure deliveries at Lee Ferry shall becharged to the States of the Upper Division in the proportion which the consumptive use of waterin each State of the Upper Division during the water year in which the charge is made bears to thetotal 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 forthe 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 waterfor use in a State of the Upper Division, the Commission shall make findings, which in no eventshall be contrary to the laws of the United States of America under which any reservoir isconstructed, as to the reservoir or reservoir capacity utilized to supply water for use and the Statein which such water will be used. The whole or that proportion, as the case may be, of reservoirlosses as found by the Commission to be reasonably and properly chargeable to the State in whichsuch water will be used shall be borne by that State. As determined by the Commission, waterstored in reservoirs covered by this subparagraph (b)(2) shall be earmarked for and charged to theState in which the water will be used.
(c) In the event the Commission finds that a reservoir site is available both to assuredeliveries 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 reservoircapacity hereafter used to assure deliveries at Lee Ferry shall by order of the Commission be usedto store water for consumptive use in a State, provided the Commission finds that such storage isreasonably necessary to permit such State to make use of the water apportioned to it by thisCompact.
The Commission shall determine the quantity of the consumptive use of water, which useis apportioned by Article III hereof, for the Upper Basin and for each State of the Upper Basin bythe 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.
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 ofwater in one State for use in another shall be charged to such latter State.
(a) There is hereby created an interstate administrative agency to be known as the "UpperColorado River Commission." The commission shall be composed of one Commissionerrepresenting each of the States of the Upper Division, namely, the States of Colorado, NewMexico, Utah and Wyoming, designated or appointed in accordance with the laws of each suchState and, if designated by the President, one Commissioner representing the United States ofAmerica. 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 theCommission and shall be entitled to the same powers and rights as the Commissioner of anyState. Any four members of the Commission shall constitute a quorum.
(b) The salaries and personal expenses of each Commissioner shall be paid by theGovernment which he represents. All other expenses which are incurred by the Commissionincident to the administration of this Compact, and which are not paid by the United States ofAmerica, shall be borne by the four States according to the percentage of consumptive useapportioned to each. On or before December 1 of each year, the Commission shall adopt andtransmit to the Governors of the four States and to the President a budget covering an estimate ofits expenses for the following year, and of the amount payable by each state. Each State shall paythe amount due by it to the Commission on or before April 1 of the year following. The paymentof the expenses of the Commission and of its employees shall not be subject to the audit andaccounting procedures of any of the four States; however, all receipts and disbursement of fundshandled by the Commission shall be audited yearly by a qualified independent public accountantand the report of the audit shall be included in and become a part of the annual report of theCommission.
(c) The Commission shall appoint a Secretary, who shall not be a member of theCommission, or an employee of any signatory State or of the United States of America while soacting. He shall serve for such term and receive such salary and perform such duties as theCommission may direct. The Commission may employ such engineering, legal, clerical and otherpersonnel as, in its judgment, may be necessary for the performance of its functions under thisCompact. In the hiring of employees, the Commission shall not be bound by the civil service lawsof 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 gaging stations;
(3) Make estimates to forecast water run-off on the Colorado River and any of itstributaries;
(4) Engage in cooperative studies of water supplies of the Colorado River and itstributaries;
(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 usedeach 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 wateryear;
(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 thereofchargeable under Article V hereof to each of the States;
(10) Make findings of fact in the event of the occurrence of extraordinary drought orserious accident to the irrigation system in the Upper Basin, whereby deliveries by the UpperBasin of water which it may be required to deliver in order to aid in fulfilling obligations of theUnited States of America to the United Mexican States arising under the Treaty between theUnited 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, thePresident of the United States of America, the United States Section of the International Boundaryand Water Commission, and such other Federal officials and agencies as it may deem appropriateto the end that the water allotted to Mexico under Division III of such treaty may be reduced inaccordance with the terms of such treaty;
(11) Acquire and hold such personal and real property as may be necessary for theperformance 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 incooperation with any state or federal agency;
(13) Make and transmit annually to the Governors of the signatory States and thePresident of the United States of America, with the estimated budget, a report covering theactivities of the Commission for the preceding water year.
(e) Except as otherwise provided in this Compact the concurrence of four members of theCommission shall be required in any action taken by it.
(f) The Commission and its Secretary shall make available to the Governor of each of thesignatory States any information within its possession at any time, and shall always provide freeaccess to its records by the Governors of each of the States, or their representatives, or authorizedrepresentatives of the United States of America.
(g) Findings of fact made by the Commission shall not be conclusive in any court, orbefore 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 fromthe effective date of this Compact.
(a) No State shall deny the right of the United States of America and, subject to theconditions hereinafter contained, no State shall deny the right of another signatory State, anyperson, or entity of any signatory State to acquire rights to the use of water or to construct orparticipate in the construction and use of diversion works and storage reservoirs with appurtenantworks canals and conduits in one State for the purpose of diverting, conveying, storing, regulatingand releasing water to satisfy the provisions of the Colorado River Compact relating to theobligation of the States of the Upper Division to make deliveries of water at Lee Ferry or for thepurpose of diverting, conveying, storing, or regulating water in an upper signatory State forconsumptive use in a lower signatory State, when such use is within the apportionment to suchlower State made by this Compact. Such rights shall be subject to the rights of water users in aState in which such reservoirs or works are located, to receive and use water, the use of which iswithin the apportionment to such State by this Compact.
(b) Any signatory State, any person or any entity of any signatory State shall have theright to acquire such property rights as are necessary to the use of water in conformity with thisCompact in any other signatory State by donation, purchase or through the exercise of the powerof eminent domain. Any signatory State, upon the written request of the Governor of any othersignatory State, for the benefit of whose water users property is to be acquired in the State towhich such written request is made, shall proceed expeditiously to acquire the desired propertyeither by purchase at a price satisfactory to the requesting States, or, if such purchase cannot bemade, then through the exercise of its power of eminent domain and shall convey such property tothe 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 therequested property shall be paid by the requesting State at the time and in the manner prescribedby the State requested to acquire the property.
(c) Should any facility be constructed in a signatory State by and for the benefit of othersignatory 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 inwhich the facility is located except that, in the case of a reservoir constructed in one State for thebenefit of another State or States, the water administration officials of the State in which thefacility is located shall permit the storage and release of any water which, as determined byfindings of the Commission, falls within the apportionment of the State or States for whosebenefit the facility is constructed. In the case of a regulating reservoir for the joint benefit of allStates in making Lee Ferry deliveries, the water administration officials of the State in which thefacility is located, in permitting the storage and release of water, shall comply with the findingsand orders of the Commission.
(d) In the event property is acquired by a signatory State in another signatory State for theuse and benefit of the former, the users of water made available by such facilities, as a conditionprecedent to the use hereof, shall pay to the political subdivisions of the State in which suchworks are located, each and every year during which such rights are enjoyed for such purposes, asum of money equivalent to the average annual amount of taxes levied and assessed against theland and improvements thereon during the ten years preceding the acquisition of such land. Saidpayments shall be in full reimbursement for the loss of taxes in such political subdivisions of theState, and in lieu of any and all taxes on said property, improvements and rights. The signatoryStates recommend to the President and the Congress that, in the event the United States ofAmerica shall acquire property in one of the signatory States for the benefit of another signatoryState, or its water users, provision be made for like payment in reimbursement of loss of taxes.
(a) The signatory States recognize La Plata River Compact entered into between theStates of Colorado and New Mexico, dated November 27, 1922, approved by the Congress onJanuary 29, 1925 (43 Stat. 796), and this Compact shall not affect the apportionment thereinmade.
(b) All consumptive use of water of La Plata River and its tributaries shall be chargedunder the apportionment of Article III hereof to the State in which the use is made; provided, thatconsumptive use incident to the diversion, impounding or conveyance of water in one State foruse in the other shall be charged to the latter State.
Subject to the provisions of this Compact, the consumptive use of the water of the LittleSnake River and its tributaries is hereby apportioned between the States of Colorado andWyoming in such quantities as shall result from the application of the following principles andprocedures:
(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 ofthe Little Snake River above a point one hundred feet below the confluence of Savery Creek andthe Little Snake River shall be administered without regard to rights covering the diversion ofwater 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 beadministered on the basis of an interstate priority schedule prepared by the Commission inconformity 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 administered so that, in time of shortage thecurtailment of use on each acre of land irrigated thereunder shall be as nearly equal as may bepossible in both of the States.
(2) The storage of water by projects located in either State, whether of supplementalsupply 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 wateravailable for each acre of land irrigated thereunder shall be as nearly equal as may be possible inboth States.
(c) Water uses under the apportionment made by this Article shall be in accordance withthe 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 waterin 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 otherriver basin, the State making the importation shall have the exclusive use of such imported waterunless by written agreement, made by the representatives of the States of Colorado and Wyomingon the Commission, it is otherwise provided.
(f) Water use projects initiated after the signing of this Compact, to the greatest extentpossible, shall permit the full use within the Basin in the most feasible manner of the waters of theLittle 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 rightsexisting prior to the signing of this Compact.
(g) All consumptive use of the waters of the Little Snake River and its tributaries shall becharged 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 inone State for use in the other shall be charged to the latter State.
Subject to the provisions of this Compact, the consumptive use of the waters of Henry'sFork, a tributary of Green River originating in the State of Utah and flowing into the State ofWyoming and thence into the Green River in the State of Utah; Beaver Creek, originating in theState of Utah and flowing into Henry's Fork in the State of Wyoming; Burnt Fork, a tributary ofHenry's Fork originating in the State of Utah and flowing into Henry's Fork in the State ofWyoming; Birch Creek, a tributary of Henry's Fork originating in the State of Utah and flowinginto Henry's Fork in the State of Wyoming; and Sheep Creek, a tributary of Green River in theState of Utah, and their tributaries, are hereby apportioned between the States of Utah andWyoming in such quantities as will result from the application of the following principles andprocedures:
(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 theirtributaries, shall be administered without regard to the state line on the basis of an interstatepriority schedule to be prepared by the States affected and approved by the Commission inconformity 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 Creekand their tributaries, initiated after the signing of this Compact shall be divided fifty per cent tothe State of Wyoming and fifty per cent to the State of Utah and each State may use said watersas and where it deems advisable.
(c) The State of Wyoming assents to the exclusive use by the State of Utah of the waterof Sheep Creek, except that the lands, if any, presently irrigated in the State of Wyoming from thewater of Sheep Creek shall be supplied with water from Sheep Creek in order of priority and insuch 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, fromany other river basin, the State making the importation shall have the exclusive use of suchimported water unless by written agreement made by the representatives of the States of Utah andWyoming on the Commission, it is otherwise provided.
(e) All consumptive use of waters of Henry's Fork, Beaver Creek, Burnt Fork, BirchCreek, Sheep Creek, and their tributaries shall be charged under the apportionment of Article IIIhereof to the State in which the use is made; provided that consumptive use incident to thediversion, impounding or conveyance of water in one State for use in the other shall be charged tothe latter State.
(f) The States of Utah and Wyoming each assent to the diversion and storage of water inone State for use in the other State, subject to compliance with Article IX of this Compact. It shallbe the duty of the water administrative officials of the State where the water is stored to releasesaid stored water to the other State upon demand. If either the State of Utah or the State ofWyoming shall construct a reservoir in the other State for use in its own State, the water users ofthe State in which said facilities are constructed may purchase at cost a portion of the capacity ofsaid reservoir sufficient for the irrigation of their lands thereunder.
(g) In order to measure the flow of water diverted, each State shall cause suitablemeasuring devices to be constructed, maintained and operated at or near the point of diversioninto each ditch.
(h) The State Engineers of the two States jointly shall appoint a Special WaterCommissioner who shall have authority to administer the water in both States in accordance withthe terms of this Article. The salary and expenses of such Special Water Commissioner shall bepaid, thirty per cent by the State of Utah and seventy per cent by the State of Wyoming.
Subject to the provisions of this Compact, the rights to the consumptive use of the waterof the Yampa River, a tributary entering the Green River in the State of Colorado, are herebyapportioned 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 MaybellGaging Station to be depleted below an aggregate of 5,000,000 acre-feet for any period of tenconsecutive years reckoned in continuing progressive series beginning with the first day ofOctober next succeeding the ratification and approval of this Compact. In the event any diversionis made from the Yampa River or from tributaries entering the Yampa River above the MaybellGaging Station for the benefit of any water use project in the State of Utah, then the grossamount of all such diversions for use in the State of Utah, less any returns from such diversions tothe River above Maybell, shall be added to the actual flow at the Maybell Gaging Station todetermine the total flow at the Maybell Gaging Station.
(b) All consumptive use of the waters of the Yampa River and its tributaries shall becharged 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 inone State for use in the other shall be charged to the latter State.
Subject to the provisions of this Compact, the consumptive use of the waters of the SanJuan River and its tributaries is hereby apportioned between the States of Colorado and NewMexico as follows:
The state of Colorado agrees to deliver to the State of New Mexico from the San JuanRiver and its tributaries which rise in the State of Colorado a quantity of water which shall besufficient, together with water originating in the San Juan Basin in the State of New Mexico, toenable the State of New Mexico to make full use of the water apportioned to the State of NewMexico 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 signing of thisCompact, under the laws of the United States of America whether or not such projects areeventually 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 ofColorado for use in the State of New Mexico, subject to compliance with Article IX of thisCompact.
(c) The uses of the waters of the San Juan River and any of its tributaries within eitherState 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 resultingconsumptive use in each State will bear the same proportionate relation to the consumptive usemade 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 shallbe 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 Ferryas required by Article IV of this Compact shall be independent of any and all conditions imposedby this Article and shall be made by each State, as and when required, without regard to anyprovision of this Article.
(e) All consumptive use of the waters of the San Juan River and its tributaries shall becharged 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 inone State for use in the other shall be charged to the latter State.
(a) Subject to the provisions of the Colorado River Compact and of this Compact waterof the Upper Colorado River System may be impounded and used for the generation of electricalpower, but such impounding and use shall be subservient to the use and consumption of suchwater for agricultural and domestic purposes and shall not interfere with or prevent use for suchdominant purposes.
(b) The provisions of this Compact shall not apply to or interfere with the right or powerof any signatory State to regulate within its boundaries the appropriation, use and control ofwater, the consumptive use of which is apportioned and available to such State by this Compact.
The failure of any State to use the water, or any part thereof, the use of which isapportioned to it under the terms of this Compact, shall not constitute a relinquishment of the rightto such use to the Lower Basin or to any other State, nor shall it constitute a forfeiture orabandonment of the right to such use.
The use of any water now or hereafter imported into the natural drainage basin of theUpper Colorado River System shall not be charged to any State under the apportionment ofconsumptive use made by this Compact.
(a) The State of Arizona reserves its rights and interests under the Colorado RiverCompact 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 andinterests under the Colorado River Compact as States of the Lower Basin.
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 theUnited Mexican States (Treaty Series 994);
(c) Affecting any rights or powers of the United States of America, its agencies orinstrumentalities, in or to the waters of the Upper Colorado River System, or its capacity toacquire rights in and to the use of said waters;
(d) Subjecting any property of the United States of America, its agencies orinstrumentalities, to taxation by any State or subdivision thereof, or creating any obligation on thepart of the United States of America, its agencies or instrumentalities, by reason of theacquisition, construction or operation of any property or works of whatever kind, to make anypayment to any State or political subdivision thereof, State agency, municipality or entitywhatsoever, in reimbursement for the loss of taxes;
(e) Subjecting any property of the United States of America, its agencies orinstrumentalities, to the laws of any State to an extent other than the extent to which such lawswould apply without regard to this Compact.
This Compact may be terminated at any time by the unanimous agreement of thesignatory States. In the event of such termination, all rights established under it shall continueunimpaired.
This Compact shall become binding and obligatory when it shall have been ratified by thelegislatures of each of the signatory States and approved by the Congress of the United States ofAmerica. Notice of ratification by the legislatures of the signatory States shall be given by theGovernor of each signatory State to the Governor of each of the other signatory States and to thePresident of the United States of America, and the President is hereby requested to give notice tothe Governor of each of the signatory States of approval by the Congress of the United States ofAmerica.
IN WITNESS WHEREOF, the Commissioners have executed six counterparts hereofeach 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 forwardedto 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.
(Signed) Charles A. Carson
Commissioner for the State of Arizona
(Signed) Clifford H. Stone
Commissioner for the State of Colorado
(Signed) Fred E. Wilson
Commissioner for the State of New Mexico
(Signed) Edward H. Watson
Commissioner for the State of Utah
(Signed) L. C. Bishop
Commissioner for the State of Wyoming
(Signed) Grover A. Giles, Secretary
Approved:
(Signed) Harry W. Bashore
Representative of the United States of America
No Change Since 1953