Page:United States Statutes at Large Volume 60 Part 1.djvu/274

This page needs to be proofread.

60 STAT.] 79TH CONG., 2D SESS.-CH. 328-JUNE 11, 1946 and water users of one State and those of the other; and to place the beneficial application of water diverted from Costilla Creek for irrigation by the water users of the two States on a common basis. The physical and other conditions peculiar to the Costilla Creek and its basin, and the nature and location of the irrigation develop- ment and the facilities in connection therewith, constitute the basis for this compact; and neither of the States hereby, nor the Congress of the United States by its consent, concedes that this compact establishes any general principle or precedent with respect to any other interstate stream. ARTICLE II As used in this compact, the following names, terms, and expres- sions are described, defined, applied, and taken to mean as in this Article set forth: (a) "Costilla Creek" is a tributary of the Rio Grande which rises on the west slope of the Sangre de Cristo range in the extreme south- eastern corner of Costilla County in Colorado and flows in a general westerly direction crossing the Boundary three times above its con- fluence with the Rio Grande in New Mexico. (b) The "Canyon Mouth" is that point on Costilla Creek in New Mexico where the stream leaves the mountains and emerges into the San Luis Valley. (c) The "Amalia Area" is that irrigated area in New Mexico above the Canyon Mouth and below the Costilla Reservoir which is served by decreed direct flow water rights. (d) The "Costilla-Garcia Area" is that area extending from the Canyon Mouth in New Mexico to a point in Colorado about four miles downstream from the Boundary, being a compact body of irri- gated land on either side of Costilla Creek served by decreed direct flow water rights. (e) The "Eastdale Reservoir No. 1" is that off-channel reservoir located in Colorado in Sections 7, 8, and 18, Township 1 North, Range 73 West, and Sections 12 and 13, Township 1 North, Range 74 West, of the Costilla Estates Survey, with a nominal capacity of three thousand four hundred sixty-eight (3,468) acre-feet and a present usable capacity of two thousand (2,000) acre-feet. (f) The "Eastdale Reservoir No. 2" is that off-channel reservoir located in Colorado in Sections 3, 4, 9, and 10, Township 1 North, Range 73 West, of the Costilla Estates Survey, with a nominal capac- ity of three thousand forty-one (3,041) acre-feet. (g) The "Costilla Reservoir" is that channel reservoir, having a nominal capacity of fifteen thousand seven hundred (15,700) acre- feet, located in New Mexico near the headwaters of Costilla Creek. The present Usable Capacity of the reservoir is eleven thousand (11.000) acre-feet, subject to future adjustment by the State Engineer of New Mexico. The condition of Costilla dam may be such that the State Engineer of New Mexico will not permit storage above a determined stage except for short periods of time. (h) The "Cerro Canal" is that irrigation canal which diverts water from the left bank of Costilla Creek in New Mexico near the south- west corner of Section 12, Township 1 South, Range 73 West, of the Costilla Estates Survey, and runs in a northwesterly direction to the Boundary near Boundary Monument No. 140. 247 " Costilla Creek." "Canyon Mouth." "Amalia Area." "Costilla-Garcia Area. " "Eastdale Reservoir No. 1." "Eam4tdalo Reservoir No. 2." "Costilla Reser- voir." "Cerro Canal."