Colorado River Compact Colo Rev 37-61-101

The first of the contracts decided in Colorado and enacted between Colorado and the western states of Arizona, California, Nevada, New Mexico, Utah and Wyoming, the Colorado Compact became law in 1922. Delph E. Carpenter represented the State of Colorado. W. S. Norviel of Arizona, W. F. McClure of California, J. G. Scrugham of Nevada, Stephen B. Davis of New Mexico, R. E. Caldwell of Utah, and Frank C. Emerson of Wyoming negotiated for their respective states.

The law consists of 11 articles. Article I explains the purpose of the document, "to provide for the equitable division and apportionment of the use of the waters of the Colorado River System; to establish the relative importance of different beneficial uses of water; to promote interstate comity; to remove causes of present and future controversies; and to secure the expeditious agricultural and industrial development of the Colorado River Basin, the storage of its waters and the protection of life and property from floods" (Colo Rev Stat 37-61-101). The compact divided the basin into two to simplify apportioning the waters of both of them.

Article II defined the terms used in the compact, such as the Colorado River System, Colorado River Basin, States of the Upper Division, States of the Lower Division, Lee Ferry, Upper Basin, Lower Basin, and domestic use. The Colorado River System applied to the Colorado River and its tributaries. The Colorado River Basin denoted the drainage area of the river. The States of the Upper Division and upper basin included Colorado, New Mexico, Utah, and Wyoming. The States of the Lower Division and lower basin delineated all other states under the compact, Arizona, California, and Nevada. Lee Ferry "means a point in the main stream of the Colorado River one mile below the mouth of the Paria River" (Colo Rev Stat 37-61-101). The drafters of the agreement broadly categorized domestic use, only excluding specifically the generation of electrical power.

Article III quantified the amounts of water for the Upper and Lower areas. Each was apportioned for beneficial use 7,500,000 acre feet of water per annum. The lower states had the right to augment its amount by one million acre feet per year. Additionally, it clarified the right of Mexico to any surplus of the waters of the Colorado River. The agreement imposed certain conditions, first, that the Upper Division states would not "cause the flow of the river at Lee Ferry to be depleted below an aggregate of 75,000,000 acre feet for any period of ten consecutive years" (Colo Rev Stat 37-61-101). Second, the Upper Division states would not "withhold water and the States of the Lower Basin shall not require the delivery of water, which cannot reasonable by applied to domestic and agricultural uses" (Colo Rev Stat 37-61-101). The final section of the article explained the manner in which states could request further apportionment of water.

Article IV prioritized the use of water in the Colorado River. The drafters of the agreement made navigation of the river subservient to "domestic, agricultural, and power purposes" (Colo Rev Stat 37-61-101), as was the generation of electricity secondary to agriculture and domestic use. State law superseded this hierarchy. Article V outlined administrative duties. The signers of the agreement would ensure the collection of data in their jurisdiction pertaining to the river, its "flow, appropriation, consumption and use of water . . . to secure the ascertainment and publication of the annual flow of the Colorado River at Lee Ferry . . . to perform such other duties as my be assigned" (Colo Rev Stat 37-61-101). Article VI dealt with conflict resolution. Two states that dispute any terms of the agreement would "appoint Commissioners with power to consider and adjust such claim or controversy, subject to ratification by the legislatures of the States so affected" (Colo Rev Stat 37-61-101).

Article VII excluded tribal claims in the context of the agreement. Article VIII, IX, X recognized existing, perfected rights of states, the right of states to enforce the terms of this agreement, and their ability to nullify unanimously the document. Finally, Article X specified the approval process, by the legislatures of each compact state and by the Congress of the United States. With Herbert Hoover as President, the document became official on November 24, 1922.