Page:United States Statutes at Large Volume 46 Part 1.djvu/814

 SEVENTY-FIRST C ONGRESS. SEss. II. CH. 506. 1930 . 771 lie shall forthwith give notice to Colorado and New Mexico of the estimated amount of such spill, and of the time at which water may be impounded or diverted above San Marcial, and thereupon Colorado and New Mexico may use in equal portions the amount of such esti- mated spill so found by the State engineer of New Mexico ; and on notice from the said State engineer of New Mexico that the period of said spill, or estimated spill, is terminated, Colorado and New Mexico shall desist from such increased use. "ARTICLE VII " (a) On or before the completion of the Closed Basin Drain and the State Line' Reservoir, and in any event not later than June 1, 1935, a commission of three members shall be constituted, to which the governor of each of the signatory States shall appoint a com- missioner, for the purpose of concluding a compact among the signa- t ory S tates and prov iding for the equit able appo rtion ment of t he use of the waters of the Rio Grande among said States. The gov- ernors of said States shall request the President of the United States to name a representative to sit with said commission. " (b) The commission so named shall equitably apportion the waters of the Rio Grande as of conditions obtaining on the river and within the Rio Grande Basin at the time of the signing of this compact, and no advantage or right shall accrue or be asserted by reason of construction of works, reclamation of land, or other change in conditions or in use of water within the Rio Grande Basin or the Closed Basin during the time intervening between the signing of th is co mpact and the concl udin g of such subse quen t com pact to the end that the rights and equities of each State may be preserved unimpaired : Provided, however, That Colorado shall not be denied the right to divert, store, and/or use water in additional amounts equival ent to the f low in to the river from t he dra in fro m the Closed Basin . " (c) Any compact concluded by said commission shall be of no force or effect until ratified by the legislature of each of the signatory States and approved by the Congress of the United States. " ARTICLE VIII " (a) Subject to the provisions of this article Colorado consents to the construction and use of a reservoir by the United States and/or New Mexico, and/or Texas, as the case may be, by the erec- tion of a dam across the channel of the Rio Grande at a suitable point i n the canyon below the l ower S tate br idge, and gr ants t o the United States and/or to said States, or to either thereof, the right to acquire by purchase, prescription, or to exercise of eminent domain such rights of way, easements, and/or lands as may be necessary or convenient for the construction, maintenance, and operation of said reservoir and the storage and release of waters. " (b) Said reservoir shall be so constructed and operated that the storage and release of waters therefrom and the flowage of water over the spillway shall not impede or interfere with the operation, maintenance, and uninterrupted use of drainage works in the San Luis Valley in Colorado or with the flow and discharge of waters therefrom . " (c) The construction and/or operation of said reservoir and the storage and r egulat ion of flow of wat ers the reby f or ben eficia l uses or otherwise shall not become the basis or hereafter give rise to any claim of appropriation of waters or of any prior, preferred, or supe- Article VII. Commi ssio n to con- clude compact to pro- vide equitable use of Rio Grande. Federal representa- tiv e. Apportionment of water s as of c ondit ions at time of this compact. Proviso. Colorado to use ad- ditional water. Ratification neces- sary. Article VIII. Colorado consents to dam across Rio Grande below the lower State bridge, for reservoir. Reservoir not to im. pede drainag e in San Luis Valley, etc. Purpose of reservoir.

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