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Show 94 INTERSTATE COMPACTS Congressional consent to compact.-Act of December 12, 1963 (77 Stat. 350), from which the text of the compact above set out is taken. Section 2 of this Act reserved "the right to alter, amend, or repeal this Act." For legislative history, see H.K. 5949, 88th Congress; House Report 783 (Committee on Interior and Insular Affairs) and Senate Report 666 (Committee on Interior and Insular Affairs), 88th Con- gress; 109 Gong. Bee. 18873, 22935 (1963); P.L. 88-198. Prior compact.-An earlier Costilla Creek compact was negotiated in 1944 and was effective from its ratification by the States (Colorado, Act of March 24, 1945, Sess. L. 1945, p. 278 ; New Mexico, Act of April 9, 1945, Laws 1945, p. 74) and the granting of Congress' "con- sent and approval" (Act of June 11, 1946, 60 Stat. 246) until the present compact became effective. The only substantive differences between the two documents were in the table appearing above at p. 90; in the wording of the last sentence of Article III, paragraph l(a), which, in the original compact, appeared as a proviso to the preceding material and read thus: "provided further that, in order to maintain a usable head, any ditch supplying water for the Costilla- Garcia Area in Colorado shall be permitted to divert for beneficial consumptive use not less than one cubic foot per second of time under its water right"; and in Article IV, paragraph (c), where the allo- cations to Colorado and New Mexico in the original compact were 51.42 c.f.s. and 88.28 c.f.s,, respectively, instead of 50.62 c.f.s. and 89.02 c.f.s. Related litigation.-Lindsay v. McClure, 136 F. (2d) 65 (CCA. 10th, 1943) preceded the original Costilla Creek Compact and /State ex rel. Reynolds v. W. S. Ranch Co., 69 N. Mex. 169, 364 P. (2d) 1036 (1961) came after it. Related compact.-See the Rio Grand© compact, pp. 272ff post. The Act of June 11, 1946 (60 Stat. 246), by which the consent of the Congress was given to the original Costilla Creek Compact, pro- vided that "Neither this Act nor the compact hereby ratified shall be construed as amending, modifying or affecting in any way the ob- ligations of any of the parties to the Rio Grande Compact, dated March 18,1938, approved by the Congress by the Act of May 31,1939 (53 Stat. 785)." |
