45-1321

45-1321. Ratification

The upper Colorado river basin compact executed in Santa Fe, New Mexico, on October
11, 1948, by representatives of the States of Arizona, Colorado, New Mexico, Utah and
Wyoming, is unconditionally ratified, approved and confirmed.

Text of Upper Colorado River Basin Compact

The State of Arizona, the State of Colorado, the State of New Mexico, the State of
Utah and 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 Harry W. 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 and obligations
of each signatory State respecting the uses and deliveries of the water of the Upper
Basin of the Colorado River, 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.

(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 apportioned 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 Colorado 51.75 per cent,

State of New Mexico 11.25 per cent,

State of Utah 23.00 per cent,

State of Wyoming 14.00 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 its 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 that 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 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 uses 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
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 the 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 disbursement 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 gaging
[gauging] stations;

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

(4) Engage in cooperative 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 cooperation 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 below 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 uses 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 percent by the State of Utah and seventy percent 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
Gaging [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 Gaging [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 Gaging [Gauging] Station to
determine the total flow at the Maybell Gaging [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 interests 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 waters;

(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.

(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