Page:United States Statutes at Large Volume 46 Part 1.djvu/811

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SEVENTY-FIRST CONGRESS . SEss . II . On. 506. 1930. Rio G rande Com-

"RI O GRAND E COMPA CT pact . Agreement between " The State of Colorado the State of New Mexico, and the State Colora do, New Mexico,

1 $ad mesas as to use of of Texas, desiring to remove all causes of present and future con- Rio

above Fort Q

troversy among these States and between citizens of one of these uitman, Tex . Sta tes an d cit izens of an other State with respe ct to the use of the waters of the R io Grande above Fort Quitman, Texas, an d being move d by c onsid erati ons of inte rstate comi ty, h ave re solve d to c on- clude a compact for the attainment of these purposes, and to that Commis sioners . end, through their respective governors, have named as their respec- tive commissioners Delph E . Carpenter for the State of Colorado, Francis C . Wilson for the State of New Mexico, and T . H. Mc- Greg or for the State of Te xas, who, a fter negot iation s par ticipa ted in by William J . Donovan, appointed by the President as the repre- sentative of the United States of America, have agreed upon the following articles, to wit Article I .

"ARTICLE I Use of terms . " ( a) The State of Colorado, the State of New Mexico, the State of Texas, and the United States of America are hereinafter desig- nated `Colorado,' ' New Mexico,' ` Texas,' and the `United States,' respectively . "Rio Grande Basin." " ( b) The term `Rio Grande Basin' means all of the territory drained by the Rio Grande and its tributaries in Colorado, New Mexico, and Texas above Fort Quitman, Texas . Tributary ."

"(c) The term `tributary' means any water course the waters of which naturally flow into the channel of the Rio Grande. "Closed Basin ." " ( d) The `Closed Basin' means that part of the San Luis Valley in Colorado where the streams and waters naturally flow and drain into the San Luis Lakes and adjacent territory, and the waters of which are not tributary to the Rio Grande. " Dom esti c," Agricut- " ( e) `Domestic' use of water has the significance which attaches mral .°° to the word `domestic' in that sense at common law . `Municipal' use means the use of water by or through water works serving the public. `Agricultural' use means the use of water for the irrigation of land . "Power."

" ( f) The term `power' as applied to the use o f water means all uses of water, direct or indirect, for the generation of energy . "Spill." " (g) `Spill' or waste of water at a reservoir means the flowage of water over the spillway, or the release of water through outlet structures other than for domestic, municipal, or agricultural uses, and losses incident thereto . Extent of provisions . " The pro vision s her eof b inding each signa tory State shall incl ude a nd bind its citizens, agents, and corporatio ns, and all others enga ged in, or interested in, the diversion, storage, or use of the waters of the Rio Grande in Colorado or New Mexico, or in Texas above Fort Quitman. Ar ticle II .

"ARTIC LE II Declaration of States . "The States of Colorado, New Mexico, and Texas hereby declare : Settlement by treaty . " ( a) That they recognize the paramount right and duty of the United States, in the interests of international peace and harmony, to determine and sett le international controversies and claims by tr eaty, and that when those pur poses are accomplis hed by tha t means the treaty becomes the supreme law of the Nation ; Payment of costs . "(b) That since the benefits which flow from the wise exercise of that authority and the just performance of that duty accrue to all the people, it follows as a corollary that the Nation should defray the cost of the discharge of any obligation thus assumed