AMENDED COSTILLA CREEK COMPACT

1733

In the event of change in the Usable Capacity of the Costilla Reservoir, the Costilla Reservoir complement of the Costilla Reservoir System Safe Yield shall be divided between Colorado and New Mexico in accordance with the percentages given in Columns 4 and 6, respectively, of the above table.

Each State may draw from the Reservoir in accordance with the allocations made herein, up to its proportion of the Costilla Reservoir complement of the Costilla Reservoir System Safe Yield and its proportion of Temporary Storage and no more. Colorado may call for the delivery of its share thereof at any of the specified Points of Interstate Delivery.

Deliveries of water from Costilla Reservoir to the Canyon Mouth shall be adjusted for transmission losses, if any, between the two points. Deliveries to Colorado at the Boundary shall be further adjusted for transmission losses from the Canyon Mouth to the respective points of Interstate Delivery.

Water stored in Costilla Reservoir and not released during the current season shall not be held over to the credit of either State but shall be apportioned when the safe yield is subsequently determined.

(f) The Colorado apportionment of Surplus Water, as allocated in Article IV (f), shall be delivered by New Mexico at such points of interstate delivery and in the respective quantities, subject to transmission losses, requested by the Colorado member of the Commission.

(g) In the event that additional water becomes usable by the construction of Additional Storage Facilities, such water shall be made available to each State in accordance with rules and regulations to be prescribed by the Commission.

(h) When it appears to the Commission that any part of the water allocated to one State for use in a particular year will not be used by that State, the Commission may permit its use by the other State during that year, provided that a permanent right to the use of such water shall not thereby be established.

ARTICLE VI

The desirability of consolidating various of the direct flow ditches serving the Costilla-Garcia Area, which are now or which would become interstate in character by consolidation, and diverting the water available to such ditches through a common headgate is recognized. Should the owners of any of such ditches or a combination of them, desire to effectuate a consolidation and provide for a common headgate diversion, application therefor shall be made to the Commission which, after review of the plans submitted, may grant permission to make such consolidation.

ARTICLE VII

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 Costilla Creek immediately below Costilla Reservoir.

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AMENDED COSTILLA CREEK COMPACT

(b) On Costilla Creek at or near the Canyon Mouth above the headgate of Cerro Canal and below the Amalia Area.

(c) On Costilla Creek at or near the Boundary.

(d) On the Cerro Canal immediately below its headgate.

(e) On the Cerro Canal at or near the Boundary.

(f) On the intake from Costilla Creek to the Eastdale Reservoir No. 1, immediately above the point where the intake discharges into the reservoir. (g) On the Acequia Madre immediately below its headgate.

(h) On the Acequia Madre at the Boundary.

(i) Similar gaging stations shall be maintained and operated at such other points as may be necessary in the discretion of the Commission for the securing of records required for the carrying out of the provisions of the compact.

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 VIII

The two States shall administer this compact through the official in each State who is now or may hereafter be charged with the duty of administering the public water supplies, and such officials shall constitute the Costilla Creek Compact Commission. In addition to the powers and duties hereinbefore specifically conferred upon such Commission, the Commission shall collect and correlate factual data and maintain records having a bearing upon the administration of this compact. In connection therewith, the Commission may employ such engineering and other assistance as may be reasonably necessary within the limits of funds provided for that purpose by the States. The Commission may, by unanimous action, adopt rules and regulations consistent with the provisions of this compact to govern its proceedings. The salaries and expenses of the members of the Commission shall be paid by their respective States. Other expenses incident to the administration of the compact, including the employment of engineering or other assistance and the establishment and maintenance of compact gaging stations, not borne by the United States shall be assumed equally by the two States and paid directly to the Commission upon vouchers submitted for that purpose.

The United States Geological Survey, or whatever federal agency may succeed to the functions and duties of that agency, shall collaborate with the Commission in the correlation and publication of water facts necessary for the proper administration of this compact.

ARTICLE IX

This amended compact shall become operative when ratified by the Legislatures of the signatory States and consented to by the Congress of the United States; provided, that, except as changed herein, the provisions, terms, condi

AMENDED COSTILLA CREEK COMPACT

1735

tions and obligations of the Costilla Creek Compact executed on September 30, 1944, continue in full force and effect.

IN WITNESS WHEREOF, the Commissioners have signed this compact in triplicate original, one copy of which shall be deposited in the archives of the Department of State of the United States of America, and one copy of which shall be forwarded to the Governor of each of the signatory States.

Done in the City of Sante Fe, New Mexico, on the 7th day of February, in the year of our Lord, one thousand nine hundred and sixty-three.

J. E. WHITTEN, Commissioner for Colorado.

S. E. REYNOLDS,

Commissioner for New Mexico.

Sec. 2. [Rights reserved.]—The right to alter, amend, or repeal this Act is hereby reserved. (77 Stat. 350)

EXPLANATORY NOTES

Not Codified. This Act is not codified in the U.S. Code.

Original Compact. The original compact was approved by the Act of June 11, 1946, 60 Stat. 246. The amended compact contains minor changes in the preamble and Articles III 1(a), IV(c), V(b) and IX, dealing with changes in water delivery schedules and state allocations. These changes are incorporated in the compact as shown. Section 2 of the 1946 Act approving the original compact contains the following disclaimer: "Neither this Act nor the compact hereby ratified shall be construed as amending, modifying or affecting in any

way the obligations of any of the parties to the Rio Grande Compact, dated March 18, 1938, approved by the Congress by the Act of May 31, 1939 (53 Stat. 785)." This disclaimer remains applicable to the amended compact. See S. Rept. No. 666 on H.R. 5949.

Legislative History. H.R. 5949, Public Law 88-198 in the 88th Congress. Reported in House from Interior and Insular Affairs, Oct. 1, 1963; H.R. Rept. No. 783. Passed House Oct. 7, 1963. Reported in Senate from Interior and Insular Affairs Nov. 26, 1963; S. Rept. No. 666. Passed Senate Nov. 27, 1963.

1736

MARKETING OF POWER FROM AMISTAD DAM

An act to amend the Act authorizing the transmission and disposition by the Secretary of the Interior of electric energy generated at Falcon Dam on the Rio Grande to authorize the Secretary of the Interior to also market power generated at Amistad Dam on the Rio Grande. (Act of December 23, 1963, Public Law 88-237, 77 Stat. 475) [Sec. 1. Integration with Falcon Dam power.]-Section 1 of the Act of June 18, 1954 (68 Stat. 255), [is] amended as follows:

(a) In the first sentence of section 1 change the phrase "Falcon Dam, an international storage reservoir project" to read "Falcon Dam and Amistad Dam, international storage reservoir projects", and change the word "project", the second place it appears, to read "projects".

(b) In the second sentence of section 1 change the word "project" to read "projects".

(c) In the fourth sentence of section 1 of said Act, strike out the balance of the sentence beginning with the phrase "in order to make the power and energy generated at said project” and insert in lieu thereof the following: "for the integration of the Falcon and Amistad projects and in order to make the power and energy generated at said projects available in wholesale quantities for sale on fair and reasonable terms and conditions to facilities owned by the Federal Government, public bodies, cooperatives, and privately owned companies." (77 Stat. 475)

Sec. 2. [Priority of water uses.]-The Act of June 18, 1954 (68 Stat. 255), is amended by adding a new section 4 to read as follows:

"SEC. 4. The release of United States water from the Falcon and Amistad Dams for the production of hydroelectric energy shall be such as not to interfere with United States vested rights to the use of water for municipal, domestic, irrigation, and industrial purposes or with storage of water for these purposes." (77 Stat. 475)

EXPLANATORY NOTES

Not Codified. This Act is not codified in the U.S. Code.

Cross Reference, Marketing of Falcon Dam Power. The Act of June 18, 1954, 68 Stat. 255, referred to in text, authorizes the Secretary of the Interior to market the power from Falcon Dam. The Act appears herein in chronological order.

Editor's Note, Annotations. Annotations of opinion, if any, are found under the Act of June 18, 1954.

Legislative History. H.R. 4062, Public Law 88-237 in the 88th Congress. Reported in House from Interior and Insular Affairs May 23, 1963; H.R. Rept. No. 319. Passed House July 8, 1963. Reported in Senate from Interior and Insular Affairs Nov. 26, 1963; S. Rept. No. 667. Passed Senate, amended, Nov. 27, 1963. House agrees to Senate amendments Dec. 17, 1963.

1737

ADDITIONAL AUTHORIZATION FOR CERTAIN RIVER BASINS

[Extracts from] An act authorizing additional appropriations for the prosecution of comprehensive plans for certain river basins. (Act of December 30, 1963, Public Law 88-253, 77 Stat. 841)

[Sec. 1. Authorization of projects.]—

*

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RED RIVER BASIN

[Waurika Dam.]—The Waurika Dam and Reservoir on Beaver Creek, Oklahoma, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 33, Eighty-eighth Congress, at an estimated cost of $25,100,000: Provided, That nothing in this Act shall be construed as authorizing the acquisition of additional lands for establishment of a national wildlife refuge at the reservoir. (77 Stat. 841)

Sec. 2. [Missouri Basin.]—In addition to previous authorizations, there is hereby authorized to be appropriated the sum of $16,000,000 for the prosecution of the comprehensive plan adopted by section 9(a) of the Act approved December 22, 1944 (Public Law Numbered 534, Seventy-eighth Congress), as amended and supplemented by subsequent Acts of Congress, for continuing the works in the Missouri River Basin authorized to be undertaken under said plan by the Secretary of the Interior. (77 Stat. 841)

EXPLANATORY NOTES

Not Codified. This Act is not codified in the U.S. Code.

Editor's Note, Annotations. Annotations of opinions, if any, are found under section 9(a) of the Act approved December 22, 1944, which is the Flood Control Act of 1944.

Legislative History. H.R. 8667, Public Law 88-253 in the 88th Congress. Reported in House from Public Works Oct. 1,

1963; H.R. Rept. No. 799. Passed House Oct. 21, 1963. Reported in Senate from Public Works, Nov. 21, 1963; S. Rept. No. 648. Passed Senate, amended, Dec. 3, 1963. Senate asks for a conference Dec. 3, 1963. House agrees to a conference Dec. 5, 1963. Conference report filed Dec. 10, 1963; H.R. Rept. No. 1019. House agrees to conference report Dec. 17, 1963. Senate agrees to conference report Dec. 18, 1963.