Page:United States Statutes at Large Volume 43 Part 1.djvu/828

SIXTY-EIGHTH CONGRESS. Sess. II. Ch. 110. 1925. 797 " Airrrcnm II. “The waters of the La Plata River are hereb eq_uitably appor- L¤ P1¤t¤_River comtioxieill between the signatory States, including the citizens thereof, °°°°`C°”""°°°’ as o ows: " 1. At all times between the Lst day of December and the 15th day of the succeeding February each State shall have the unrestricted right to the use of all water which may flow within its boundaries. “ 2. By reason of the usual annual rise and fall, the How of said river between the 15th day of February and the 1st day of December of 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 on each da 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 How at the Hesperus station for the preceding day, but not to exceed 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 mav be secured by distributing all of its waters successively to the lands in each State in alternating periods, in lieu of delivery of water as provided 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. “ 4. The State of New Mexico shall not at any time be entitled to receive nor shall the State of Colorado be required to deliver any Eviater not then necessary for beneficial use in the State of New exico. " 5. A substantial delivery of water under the terms of this article shall be deemed a compliance with its provisions and minor and compensating irregularities in flow or delivery shall be disregarded. " Airrrcnm III. _ “The State en ineers of the States, by agreements from time to time, may formulite rules and regulations for carrying out the frovisions of this compact, which, when signed and promulgate by them, shall be binding until amended by agreement between them or until terminated by written notice from one to the other. "ARTICLE IV. " Whenever any official of either State is designated to perform any duty under this contract, such designation shall be interpreted to include the State official or officials upon whom the duties now performed by such official may hereafter devolve. “AR'I'ICLE V. “ The physical and other conditions eculiar to the La Plata Itiver and the territory drained and served tiiereby constitute the basis for this compact, and neither of the signatory States concedes the establishment of any general principle or precedent by the concluding of this compact.