New Mexico Statutes 72-15-23. [Rio Grande Compact.]
The state of New Mexico does hereby ratify, approve and adopt the compact aforesaid, which is as follows:
Terms Used In New Mexico Statutes 72-15-23
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
RIO GRANDE COMPACT Signed at Santa Fe, New Mexico, March 18, 1938.
The state of Colorado, the state of New Mexico and the state of Texas, desiring to remove all causes of present and future controversy among these states and between citizens of one of these states and citizens of another state with respect to the use of the waters of the Rio Grande above Fort Quitman, Texas, and being moved by considerations of interstate comity, and for the purpose of effecting an equitable apportionment of such waters, have resolved to conclude a compact for the attainment of these purposes, and to that end, through their respective governors, have named as their respective commissioners:
for the state of Colorado – M. C. Hinderlider for the state of New Mexico – Thomas M. McClure for the state of Texas – Frank B. Clayton who, after negotiations participated in by S. O. Harper, appointed by the president as the representative of the United States of America, have agreed upon the following articles, to wit:
ARTICLE I (a) The state of Colorado, the state of New Mexico, the state of Texas and the United States of America, are hereinafter designated “Colorado,” “New Mexico,” “Texas” and the “United States,” respectively.
(b) “The commission” means the agency created by this compact [this section] for the administration thereof.
(c) The term “Rio Grande basin” means all of the territory drained by the Rio Grande and its tributaries in Colorado, in New Mexico and in Texas above Fort Quitman, including the closed basin in Colorado.
(d) The “closed basin” means that part of the Rio Grande basin in Colorado where the streams drain into the San Luis lakes and adjacent territory, and do not normally contribute to the flow of the Rio Grande.
(e) The term “tributary” means any stream which naturally contributes to the flow of the Rio Grande.
(f) “Transmountain diversion” is water imported into the drainage basin of the Rio Grande from any stream system outside of the Rio Grande basin, exclusive of the closed basin.
(g) “Annual debits” are the amounts by which actual deliveries in any calendar year fall below scheduled deliveries.
(h) “Annual credits” are the amounts by which actual deliveries in any calendar year exceed scheduled deliveries.
(i) “Accrued debits” are the amounts by which the sum of all annual debits exceeds the sum of all annual credits over any common period of time.
(j) “Accrued credits” are the amounts by which the sum of all annual credits exceeds the sum of all annual debits over any common period of time.
(k) “Project storage” is the combined capacity of Elephant Butte reservoir and all other reservoirs actually available for the storage of usable water below Elephant Butte and above the first diversion to lands of the Rio Grande project, but not more than a total of 2,638,860 acre-feet.
(l) “Usable water” is all water, exclusive of credit water, which is in project storage and which is available for release in accordance with irrigation demands, including deliveries in Mexico.
(m)”Credit water” is that amount of water in project storage which is equal to the accrued credit of Colorado, or New Mexico, or both.
(n) “Unfilled capacity” is the difference between the total physical capacity of project storage and the amount of usable water then in storage.
(o) “Actual release” is the amount of usable water released in any calendar year from the lowest reservoir comprising project storage.
(p) “Actual spill” is all water which is actually spilled from Elephant Butte reservoir, or is released therefrom for flood control, in excess of the current demand on project storage and which does not become usable water by storage in another reservoir; provided, that actual spill of usable water cannot occur until all credit water shall have been spilled.
(q) “Hypothetical spill” is the time in any year at which usable water would have spilled from project storage if 790,000 acre-feet had been released therefrom at rates proportional to the actual release in every year from the starting date to the end of the year in which hypothetical spill occurs; in computing hypothetical spill the initial condition shall be the amount of usable water in project storage at the beginning of the calendar year following the effective date of this compact, and thereafter the initial condition shall be the amount of usable water in project storage at the beginning of the calendar year following each actual spill.
ARTICLE II The commission shall cause to be maintained and operated a stream-gaging station equipped with an automatic water-stage recorder at each of the following points, to wit:
(a) on the Rio Grande near Del Norte above the principal points of diversion to the San Luis valley;
(b) on the Conejos river near Mogote; (c) on the Los Pinos river near Ortiz; (d) on the San Antonio river at Ortiz;
(e) on the Conejos river at its mouth near Los Sauces; (f) on the Rio Grande near Lobatos;
(g) on the Rio Chama below El Vado reservoir;
(h) on the Rio Grande at Otowi bridge near San Ildefonso; (i) on the Rio Grande near San Acacio;
(j) on the Rio Grande at San Marcial;
(k) on the Rio Grande below Elephant Butte reservoir; (l) on the Rio Grande below Caballo reservoir.
Similar gaging stations shall be maintained and operated below any other reservoir constructed after 1929, and at such other points as may be necessary for the securing of records required for the carrying out of the compact; and automatic water-stage recorders shall be maintained and operated on each of the reservoirs mentioned, and on all others constructed after 1929.
Such gaging stations shall be equipped, maintained and operated by the commission directly or in cooperation with an appropriate federal or state agency, and the equipment, method and frequency of measurement at such stations shall be such as to produce reliable records at all times.
ARTICLE III The obligation of Colorado to deliver water in the Rio Grande at the Colorado-New Mexico state line, measured at or near Lobatos, in each calendar year, shall be ten thousand acre-feet less than the sum of those quantities set forth in the two following tabulations of relationship, which correspond to the quantities at the upper index stations:
DISCHARGE OF CONEJOS RIVER Quantities in thousands of acre-feet Conejos index supply (1) Conejos river at mouths (2) 100 0 150 20 200 45 250 75 300 109 350 147 400 188 450 232 500 278 550 326 600 376 650 426 700 476 Intermediate quantities shall be computed by proportional parts.
(1) Conejos index supply is the natural flow of Conejos river at the U.S.G.S. gaging station near Mogote during the calendar year, plus the natural flow of Los Pinos river at the U.S.G.S. gaging station near Ortiz and the natural flow of San Antonio river at the U.S.G.S. gaging station at Ortiz, both during the months of April to October, inclusive.
(2) Conejos river at mouths is the combined discharge of branches of this river at the U.S.G.S. gaging stations near Los Sauces during the calendar year.
DISCHARGE OF RIO GRANDE EXCLUSIVE OF CONEJOS RIVER Quantities in thousands of acre-feet Rio Grande at Lobatos Rio Grande at Del Norte (3) less Conejos at mouths (4) 200 60 250 65 300 75 350 86 400 98 450 112 500 127 550 144 600 162 650 182 700 204 750 229 800 257 850 292 900 335 950 380 1,000 430 1,100 540 1,200 640 1,300 740 1,400 840 Intermediate quantities shall be computed by proportional parts.
(3) Rio Grande at Del Norte is the recorded flow of the Rio Grande at the U.S.G.S. gaging station near Del Norte during the calendar year (measured above all principal points of diversion to San Luis valley) corrected for the operation of reservoirs constructed after 1937.
(4) Rio Grande at Lobatos less Conejos at mouths is the total flow of the Rio Grande at the U.S.G.S. gaging station near Lobatos, less the discharge of Conejos river at its mouths, during the calendar year.
The application of these schedules shall be subject to the provisions hereinafter set forth and appropriate adjustments shall be made for (a) any change in location of gaging stations; (b) any new or increased depletion of the runoff above inflow index gaging stations; and (c) any transmountain diversions into the drainage basin of the Rio Grande above Lobatos.
In event any works are constructed after 1937 for the purpose of delivering water into the Rio Grande from the closed basin, Colorado shall not be credited with the amount of such water delivered, unless the proportion of sodium ions shall be less than forty-five percent of the total positive ions in that water when the total dissolved solids in such water exceeds three hundred fifty parts per million.
ARTICLE IV The obligation of New Mexico to deliver water in the Rio Grande at San Marcial, during each calendar year, exclusive of the months of July, August and September shall be that quantity set forth in the following tabulation of relationship, which corresponds to the quantity at the upper index station:
DISCHARGE OF RIO GRANDE AT OTOWI BRIDGE AND AT SAN MARCIAL EXCLUSIVE OF JULY, AUGUST AND SEPTEMBER Quantities in thousands of acre feet Otowi Index Supply (5) San Marcial Index Supply (6) 100 0 200 65 300 141 400 219 500 300 600 383 700 469 800 557 900 648 1,000 742 1,100 839 1,200 939 1,300 1,042 1,400 1,148 1,500 1,257 1,600 1,370 1,700 1,489 1,800 1,608 1,900 1,730 2,000 1,856 2,100 1,985 2,200 2,117 2,300 2,253 Intermediate quantities shall be computed by proportional parts.
(5) The Otowi index supply is the recorded flow of the Rio Grande at the U.S.G.S. gaging station at Otowi bridge near San Ildefonso (formerly station near Buckman) during the calendar year, exclusive of the flow during the months of July, August and September, corrected for the operation of reservoirs constructed after 1929 in the drainage basin of the Rio Grande between Lobatos and Otowi bridge.
(6) San Marcial index supply is the recorded flow of the Rio Grande at the gaging station at San Marcial during the calendar year exclusive of the flow during the months of July, August and September.
The application of this schedule shall be subject to the provisions hereinafter set forth and appropriate adjustments shall be made for (a) any change in location of gaging stations; (b) depletion after 1929 in New Mexico at any time of the year of the natural runoff at Otowi bridge; (c) depletion of the runoff during July, August and September of tributaries between Otowi bridge and San Marcial, by works constructed after 1937; and (d) any transmountain diversions into the Rio Grande between Lobatos and San Marcial.
Concurrent records shall be kept of the flow of the Rio Grande at San Marcial, near San Acacio, and of the release from Elephant Butte reservoir, to the end that the records at these three stations may be correlated.
ARTICLE V If at any time it should be the unanimous finding and determination of the commission that because of changed physical conditions, or for any other reasons, reliable records are not obtainable, or cannot be obtained, at any of the stream-gaging stations herein referred to, such stations may, with the unanimous approval of the commission, be abandoned, and with such approval another station, or other stations, shall be established and new measurements shall be substituted which, in the unanimous opinion of the commission, will result in substantially the same results, so far as the rights and obligations to deliver water are concerned, as would have existed if such substitution of stations and measurements had not been so made.