Page:United States Statutes at Large Volume 60 Part 1.djvu/277

 PUBLIC LAWS-CH. 328 -JUNE 11, 1946 pConsnt and ap- 3. The Water Company has consented to and approved the adjust- proval of Water Com- pany. ments contained in this Article; and such consent and approval shall be evidenced in writing and filed with the Commission. ARTICLE IV allpotion menteand The apportionment and allocation of the use of Costilla Creek water. water shall be as follows: (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 extent and in the manner now prevailing 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) In 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-one and forty-two hundredths (51.42) cubic feet of water per second of time for Colorado and eighty-eight and twenty-eight hundredths (88.28) cubic feet of water per second of time Pot, p. 252. for New Mexico, subject to adjustment as provided in Article V (e), 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 Cos- tilla 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 Post, p. 252. provided in Article V (e) and such water shall be delivered for bene- ficial use in the two States on a parity basis in accordance with the " Parity basis." 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 Ante, p. 24. in Article II (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 Operation of facil- The operation of the facilities of Costilla Creek and the delivery ities and delivery of water. 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, however, 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. 250 [60 STAT.

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