| OCR Text |
Show -17- "1. At all times between the 1st day of December and the 15th day of the succeeding February each State shall have the unrestricted ri^ht to the 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 15th day of- February and the 1st day of December cf 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 in 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 exoeed 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 water successively to the lands in each State in alternating periods, in lieu of delivery of water as pro- vided 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." For the administration of water rights, Colorado and New Mexico each set up an administrative system with the State Engineers at its head. The State Engineers agreed that, in order to put the water to its most efficient use in the hot summer months of 1928, when the river was very low, the whole of the available supply should be rotated between the two States, In other words, that each State should be permitted to enjoy the entire flow of the river during alternating ten-day periods. During the ten days commencing June 2I4., 1928, all the water of the river (except small amounts diverted in Colorado for domestic and stock requirements) was thus allowed to pass to New Mexico; and during the succeeding ten-day period all the water in the stream was similarly allowed to be diverted in Colorado. The defendant water officials contend that in so rotating the water of the stream they administered it as required by the Compact and wisely. on behalf of said states shall not be binding or obligatory upon either of said states or the citizens thereof, unless and until the same shall have been ratified and approved by the Legislatures of both states, and by the Congress of the United States." Colo. Session Laws, 1921, p. 803j Session Laws of New Mexico, 1921, p. 322. The compact drafted by the commissioners was ratified by the General Assembly of New Mexico on February 7, I923 (Session Laws of New Mexico, 19^3 p. 13) and by the General Assembly of Colorado on April 13, 1923 (Colorado Session Laws, 1923* P» 696.) The consent of Congress was granted by Act of January 29, I925, I4.3 Stct 796. |
