354
PUBLIC LAW 88-198-DEC. 12, 1963
[77 STAT.
(a) There is allocated for diversion from the natural flow of Costilla Creek and its tributaries sufficient water for beneficial use on meadow and pasture lands above Costilla Reservoir in New Mexico to the ext<»nt and in the manner now pi-evailini]: in that area. (b) There is allocated for diversion from the natural flow of Costilla Creek and its tributaries thirteen and forty-two hundredths (13.42) cubic feet of water per second of time for beneficial use on lands in the Amalia Area in New Mexico. (c) I n addition to allocations made in subsections (e), (f) and (g) of this Article, there is allocated for diversion from the natural flow of Costilla Creek fifty and sixty-two hundredths (50.62) cubic feet of water per second of time for Colorado and eighty-nine and eight hundredths (89.08) cubic feet of water per second of time for New Mexico, subject to adjustment as provided in Article V (6), and such water shall be delivered for beneficial use in the two States in accordance with the schedules and under the conditions set forth in Article V. (d) There is allocated for diversion from the natural flow of Costilla Creek sufficient water to provide each year one thousand (1,000) acre-feet of stored water in Eastdale Reservoir No. 1, such water to be delivered as provided in Article V. (e) There is allocated for diversion to Colorado thirty-six and five-tenths per cent (36.5%) and to New Mexico sixty-three and five-tenths per cent (63.5%) of the water stored by Costilla Reservoir for release therefrom for irrigation purposes each year, subject to adjustment as provided in Article V(e) and such water shall be delivered for beneficial use in the two States on a parity basis in accordance with the provisions of Article V. By "parity basis" is meant that neither State shall enjoy a priority of right of use. (f) There is allocated for beneficial use in each of the States of Colorado and New Mexico one-half of the Surplus "Water, as defined in Article 11 (p), to be delivered as provided in Article V. (g) There is allocated for beneficial use in each of the States of Colorado and New Mexico one-half of any water made available and usable by Additional Storage Facilities which may be constructed in the future. ARTICLE V
The operation of the facilities of Costilla Creek and the delivery of water for the irrigation of land in Colorado and New Mexico, in accordance with the allocations made in Article IV, shall be as follows: (a) Diversions of water for use on lands in the Amalia Area shall be made as set forth in Article IV (b) in the order of decreed priorities in New Mexico and of relative priority dates in the two States, subject to the right of New Mexico to change the points of diversion and places of use of any of such water to other points of diversion and places of use; Provided, howver^ That the rights so transferred shall be limited in each instance to the quantity of water actually consumed on the lands from which the right is transferred. (b) Deliveries to Colorado of direct flow water below the Canyon Mouth shall be made by New Mexico in accordance with the following schedule:
�
