An Act to consent to the amendment by the States of Colorado and New Mexico of the Costilla Creek Compact
PL 88-198 (H.R.5949), enacted 12/12/1963

350 
PUBLIC LAW 88-198-DEC. 12, 1963 
[77 STAT. 
Appropri atlon. 
thence continuing along the north right-of-way line of Depot Street 
south 6 2 ^ degrees east 165 feet to its intersection with the west side 
of Academy Street; 
thence leaving the north right-of-way line of Depot Street and con-
tinuing along the west right-of-way of Academy Street north 38 
degrees east 93.4 feet to a point; 
thence leaving the west right-of-way of Academy Street north 64% 
degrees west 184 feet to a point on the east right-of-way line of College 
Street; 
thence with the east right-of-way line of College Street south 25% 
degrees west 83.7 feet to a point of beginning, containing 0.35 acre, 
more or less. 
SEC. 3. There are authorized to be appropriated such sums, but not 
more than $66,000 for acquisition, restoration, and development costs, 
as are necessary to carry out the purposes of this Act. 
Approved December 11, 1963. 
Public Law 88-198 
December 12, 1963 
[H. R. 5949] 
AN ACT 
To consent to the amendment by the Statas of Colorado and New Mexico of the 
Costilla Creek Comi)act. 
Colorado-New 
Mexico. 
Costilla Creek 
Compact, amend-
ment. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of ATnerica in Congress assemhled^ That the consent of 
Congress is given to the amendment of the Costilla Creek Compact 
as agreed to by the States of Colorado and New Mexico. 
Such 
amended compact reads as follows: 
AMENDED COSTILLA CREEK COMPACT 
The State of Colorado and the State of New Mexico, parties signa-
tory to this compact (hereinafter referred to as "Colorado" and 
"New Mexico", respectively, or individually as a "State", or col-
lectively as the "States"), having on September 30, 1944, concluded, 
through their duly authorized Commissioners, to-wit: Clifford H. 
Stone for Colorado and Thomas M. McClure for New Mexico, a com-
pact with respect to tJie waters of Costilla Creek, an interstate stream, 
which compact was ratified by the States in 1945 and was approved 
by the Congress of the United States in 1946; and 
The States, having resolved to conclude an amended compact with 
respect to the waters of Costilla Creek, have designated, pursuant to 
the Acts of their respective Legislatures and through their appropriate 
executive agencies, as their Commissioners: 
J. E. Whitten, for Colorado 
S. E. Reynolds, for New Mexico 
who, after negotiations, have agreed upon these articles: 
ARTICLE I 
The major purposes of this compact are to provide for the equitable 
division and apportionment of the use of the waters of Costilla Creek; 
to promote interstate comity; to remove causes of present and future 
interstate controversies; to assure the most efficient utilization of the 
waters of Costilla Creek; to provide for the integrated operation of 
existing and prospective irrigation facilities on the stream in the two 
States; to adjust the conflicting jurisdictions of the two States over 
irrigation works and facilities diverting and storing water in one 
State for use in both States; to equalize the benefits of water from 
77 STAT. ] 
PUBUC LAW 88-198-DEC. 12, 1963 
351 
Costilla Creek, used for the irrigation of contiguous lands lying on 
either side of the Boundary, between the citizens and water users of 
one State and those of the other; and to place the beneficial applica-
tion of water diverted from Costilla Creek for irrigation by the water 
users of the two States on a conpnon basis. 
The physical and other conditions peculiar to the Costilla Creek 
and its basin, and the nature and location of the irrigation develop-
ment and the facilities in connection therewith, constitute the basis 
for this compact; and neither of the States hereby, nor the Congress 
of the United States by its consent, concedes that this compact estab-
lishes any general principle or precedent with respect to any other 
interstate stream. 
ARTICLE n 
As used in this compact, the following names, terms and expressions 
are described, defined, applied and taken to mean as in this Article 
set forth: 
(a) "Costilla Creek" is a tributary of the Rio Grande which 
rises on the west slope of the Sangre de Cristo range in the extreme 
southeastern comer of Costilla County in Colorado and flows in 
a general westerly direction crossing the Boundary three times 
above its con^uence with the Rio Grande in New Mexi(x>. 
(b) The "Canyon Mouth" is that point on Costilla Creek in 
New Mexico where the stream leaves the mountains and emerges 
into the San Luis Valley. 
(c) The "Amalia Area" is that irrigated area in New Mexico 
above the Canyon Mouth and below the Costilla Reservoir which 
is served by decreed direct flow water rights. 
(d) The "Costilla-Garcia Area" is that area extending from 
the Canyon Mouth in New Mexico to a point in Colorado about 
four miles downstream from the Boundary, being a compiict body 
of irrigated land on either side of Costilla Creek served by decreed 
direct flow water rights. 
(e) The "Eastdale Reservoir No. 1" is that off-channel reservoir 
located in Colorado in Sections 7, 8 and 18, Township 1 North, 
Range 73 West, and Sections 12 and 13, Township 1 North, Range 
74 West, of the Costilla Estates Survey, with a nominal capacity 
of three thousand four hundred sixty-eight (3,468) acre-feet and 
a present usable capacity of two thousand (2,000) acre-feet. 
(f) The "Eastdale Reservoir No. 2" is that off-channel reservoir 
located in Colorado in Sections 3, 4, 9 and 10, Township 1 North, 
Range 73 West, of the Costilla Estates Survey, with a nominal 
capacity of three thousand forty-one (3,041) acre-feet. 
(g) The "Costilla Reservoir" is that channel reservoir, having 
a nominal capacity of fifteen thousand seven hundred (15,700) 
acre-feet, located in New Mexico near the headwaters of Costilla 
Creek. 
The present Usable Capacity of the reservoir is eleven 
thousand (11,000) acre-feet, subject to future adjustment by the 
State Engineer of New Mexico. The condition of Costilla dam 
may be such that the State Engineer of New Mexico will not per-
mit storage above a determined stage except for short periods of 
time. 
(h) The "Cerro Canal" is that irrigation canal which diverts 
water from the left bank of Costilla Creek in New Mexico near 
the southwest corner of Section 12, Township 1 South, Range 73 
West, of the Costilla Estates Survey, and runs in a northwesterly 
direction to the Boundary near Boundary Monument No. 140. 
(i) The "Boundary" is the term used herein to describe the 
common boundary line between Colorado and New Mexico. 
352 
PUBLIC LAW 88-198-DEC. 12,1963 
[77 STAT. 
(j) The term "(Dostilla Reservoir System" means and includes 
the Costilla Reservoir and the Cerro Oanal, the permits for the 
storage of water in Costilla Reservoir, the twenty-four and fifty-
two h-undredths (24,52) cubic feet per second of time of direct 
flow water rights transferred to the Cerro Canal, and the permits 
for the diversion of direct flow water by the Cerro Canal as 
adjusted herein to seventy-five and forty-eight 
hundredths 
(75.48) cubic feet per second of time. 
(k) The term "Costilla Resen^oir System Safe Yield" means that 
quantitj^ of usable water made available each year by the Costilla 
Reservoir System. 
The safe yield represents the most beneficial 
operation of the Costilla Reservoir System through the use, first, 
of the total usable portion of the yield of the twenty-four and 
fifty-two hundredths (24.52) cubic feet per second of time of 
direct flow rights transferred to the Cerro Canal, second, ,of the 
total usable portion of the yield of the direct flow Cerro Canal 
permits, and third, of that portion of the water stored in Costilla 
Reservoir required to complete such safe yield. 
(1) The term "Usable Capacity" is defined and means that 
capacity of Costilla Reservoir at the stage above which the State 
Engineer of New Mexico will not permit storage except for short 
periods of time, 
(m) The term "Temporary Storage" is defined and means the 
water permitted by the State Engineer of New Mexico to be stored 
in Costilla Reservoir for short periods of time above the Usable 
Capacity of that reservoir. 
(n) The term "Additional Storage Facilities" is defined and 
means storage capacity which may be provided in either State 
to impoimd waters of Costilla Creek and its tributaries in addi-
tion to the nominal capacity of Costilla Reservoir and the Costilla 
Creek complement of the Eastdale Reservoir No. 1 capacity. 
(o) The term "Duty of Water" is defined as the rate in cubic 
feet per second of time at which water may be diverted at the 
headgate to irrigate a specified acreage of land during the period 
of maximum requirement. 
(p) The term "Surplus Water" is defined and means water 
which cannot be stored in operating reservoirs during the Storage 
Season or water during the Irrigation Season which cannot be 
stored in operating reservoirs and which is in excess of the aggre-
gate direct flow rights and permits recognized by this compact. 
(q) The term 'irrigation Season" is defined and means that 
period of each calendar year from May 16 to September 30, 
inclusive. 
(r) The term "Storage Season" is defined and means that 
period of time extending from October 1 of one year to May 
15 of the succeeding year, inclusive. 
(s) The term "Points of Interstate Delivery" means and 
includes (1) th,e Acequia Madre where it crosses the Boundary; 
(2) The Costilla Creek where it crosses the Boundary; (3) the 
Cerro Canal where it rea^ihes the Boundary; and (4) any other 
interstate canals which might be constructed with the approval 
of the Commission at the point or points where they cross the 
Boundary. 
(t) The term "Water Company" means The San Luis Power 
and Water Company, a Colorado corporation, or its successor. 
(u) The word "Commission" means the Costilla Creek Com-
pact Commission created by Article VIII of this compact for the 
administration thereof. 
77 STAT. ] 
PUBLIC LAW 88-198-DEC. 12, 1963 
353 
AiRTTCLB 
m 
1. To accomplish the purposes of this compact, as set forth in 
Article I, the following adjustments in the operation of irrigation 
facilities on Costilla Creek, and in the use of water diverted, stored 
and regulated thereby, are made: 
(a) The quantity of water delivered for use in the two States 
by direct flow ditches in the Costilla-Garcia Area and by the 
Cerro Canal is based on a Duty of Water of one cubic foot per 
second of time for each eighty (80) acres, to be applied in the 
order of priority; Provided^ however^ That this adjustment in 
each instance is based on the acreage as determined by the court in 
decreeing the water rights for the Costilla-Garcia Area, and in 
the case of the Cerro Canal such basis shall apj)ly to eight thousand 
(8,000) acres of land. 
In order to better maintain a usable head 
for the diversion of water for beneficial consumptive use the 
adjusted maximum diversion rate under the water right of each 
of the ditches supplying water for the Costilla-Garcia Area in 
Colorado is not less than one cubic foot per second of time. 
(b) There is transferred from certain ditches in the Costilla-
Garcia Area twenty-four and fifty-two hundredths (24.52) cubic 
feet per second of time of direct flow water rights, which rights 
of use are held by the Water Company or its successors in title, 
to the headgate of the Cerro Canal. 
The twenty-four and 
fifty-two hundredths (24.52) cubic feet of water per second of time 
hereby transferred represents an evaluation of these rights after 
adjustment in the Duty of Water, pursuant to subsection (a) of 
this Article, and includes a reduction thereof to compensate for 
increased use of direct flow water which otherwise would have 
been possible under these rights by this transfer. 
(c) Except for the rights to store water from Costilla Creek 
in Eastdale Reservoir No. 1 as hereinafter provided, all diversion 
and storage rights from Costilla Creek for Eastdale Reservoirs 
No. 1 and No. 2 are relinquished and the water decreed thereunder 
is returned to the creek for use in accordance with the plan of 
integrated operation effectuated by this compact. 
(d) The Cerro Canal direct flow permit shall be seventy-five 
and forty-eight hundredths (75.48) cubic feet per second of time. 
(e) There is transferred to and made available for the irriga-
tion of lands in Colorado a portion of the Costilla Reservoir com-
plement of the Costilla Reservoir System Safe Yield in order that 
the storage of water in that reservoir may be made for the benefit 
of water users in both Colorado and New Mexico under the pro-
visions of this compact for the allocations of water and the 
operation of facilities. 
2. Each State grants for the benefit of the other and its water users 
the rights to change the points of diversion of water from Costilla 
Creek, to divert water from the stream in one State for use in the 
other and to store water in one State for the irrigation of lands in 
the other, insofar as the exercise of such rights may be necessary to 
effectuate the provisions of this Article and to comply with the terms 
of this compact. 
3. The Water Company has consented to and approved the adjust-
ments contained in this Article; and such consent and approval shall 
be evidenced in writing and filed with the Commission. 
ARTICLE IV 
The apportionment and allocation of the use of Costilla Cre^k water 
shall be as follows: 
93-025 0-64-25 
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 hun-
dredths (13.42) cubic feet of water per second of time for bene-
ficial 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 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 Reser-
voir 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 avail-
able 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^ how^ver^ 
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: 
77 STAT.] 
PUBLIC L
A
W 88-198-DEC. 12, 1963 
355 
DELIVERIES OF DIRECT FLOW WATER TO COLORADO DURING IRRIGATION 
SEASON 
Usable 
Discharge 
of Greek 
at Canyon 
Mouth 
Gaging 
Station 
(C.F.8.) 
(1) 
25.00 
36.88 
38.62 
44.76 
50.91 
56.48 
61.48 
64.22 
139.70 
Incremental 
Allocations to 
Colorado 
(C.F.S.) 
(2A) 
1.05 
2.63 
4.70 
.38 
404 
2.24 
.13 
1.00 
6.00 
1.00 
27.65 
(2B) 
Points of Inter-
state Delivery 
(3) 
AcequiaMadre. 
Cerro Canal 
Cerro Canal 
Cerro Canal. 
Cerro Canal. 
Creek-. 
Cerro Canal. 
Creek 
Cerro Canal. 
Creek 
Cerro Canal. 
Cumu-
lative 
Alloca-
tions to 
Colo-
rado 
(C.F.S.) 
(4) 
8.28 
12.70 
13.70 
15.94 
21.94 
22.07 
23.07 
50.62 
Remarks 
(5) 
Incremental allocation is 4.2% of the 
usable discharge when usable dis-
charge Is less than 25.00 C.F.S. 
Incremental allocation is 10.13% of the 
usable discharge when usable dis-
charge is less than 25.00 C.F.S. 
This 4.70 C.F.S. is not a part of the 
Colorado allocation of the direct flow 
water of the Costilla 
Reservoir 
System and is not subject to adjust-
ment in the event of a change in the 
usable capacity of Costilla Reser-
voir. 
Incremental 
allocation 
is 
18.8% of the usable discharge when 
usable discharge is less than 25.00 
C.F.S. This 4.70 C.F.S. allocated to 
Colorado for delivery through the 
Cerro Canal is 5.50 C.F.S. of the 
original 6.55 C.F.S. allocated to 
Colorado for delivery through the 
Acequia Madre less 0.8 C.F.S. correc-
rection for losses. 
This 0.38 C.F.S. is not a part of the 
Colorado allocation of the direct 
flow water of the Costilla Reservoir 
System and is not subject to adjust-
ment in the event of a change in the 
usable capacity of Costilla Reser-
voir. Incremental allocation is 3.26% 
of the usable discharge in excess of 
25.38 C.F.S. and less than 36.88 
C.F.S. 
Incremental allocation is 35.11% of the 
usable discharge in excess of 25.38 
C.F.S. and less than 36.88 C.F.S. 
Incremental allocation is 100% of the 
usable discharge in excess of 37.62 
C.F.S. and less than 38.62 C.F.S. 
Incremental allocation is 36.5% of the 
usable discharge in excess of 38.62 
C.F.S. and less than 44.76 C.F.S. 
Incremental allocation is 100% of the 
usable discharge in excess of 44.91 
C.F.S. and less than 50.91 C.F.S. 
Incremental allocation is 11.18% of the 
usable discharge in excess of 55.35 
C.F.S. and less than 56.48 C.F.S. 
Incremental allocation is 100% of the 
usable discharge in excess of 60.48 
C.F.S. and less than 61.48 C.F.S. 
At usable creek discharge of 64.22 
C.F.S. the Cerro Canal direct flow 
permit becomes operative after 1,000 
acre-feet has been stored in Eastdale 
Reservoir No. 1. 
Incremental allocation is 36.5% of the 
usable discharge in excess of 64.22 
C.F.S. and less than 139.70 C.F.S. 
The actual discharges of Costilla Creek at the Canyon Mouth gaging station at which the various 
blocks of direct flow water become effective shall equal the flows set forth in column (1) increased by 
the transmission losses necessary to deliver those flows to the headgates of the respective direct flow 
ditches diverting in New Mexico. 
The delivery of ditch water at the Boundary shall equal the allocation set forth in columns (2A) and 
(2B) reduced by the transmission losses between the headgate of the ditch and the point where the 
ditch crosses the Boundary. 
The allocations to be delivered to Colorado through the Cerro Canal 
represent, except as otherwise indicated in column (5) of the table above, 36.5 per cent of those blocks 
of direct flow water of the Costilla Reservoir System which are subject to adjustment as provided in 
subsection (e) of this Article. 
The provisions of Article III 1. (a) shall not be applicable to the Colorado allocation of 5.08 C.F.S. 
which is transferred from the Acequia Madre to the Cerro Canal by this Amendment to the Costilla 
Creek Compact and shall not be applicable to the 0.8 C.F.S. which is transferred frdta Colorado to 
New Mexico by this Amendment to the Costilla Creek Compact. 
The above table is compiled on the basis of the delivery to Colorado at the Boundary of thirty-six 
and five-tenths per cent (36.5%) of all direct flow water of the Costilla Reservoir System diverted by 
the Cerro Canal and the delivery at the Boundary of all other direct flow water allocated to Colorado, 
In the order of priority, all such deliveries to be adjusted for transmission losses. In the event of 
change in the Usable Capacity of the Costilla Reservoir, Colorado's share of all direct flow water of the 
Costilla Reservoir System diverted by the Cerro Canal, to be deUvered at the Boundary and ad-
justed for transmission losses, shall be determined by the percentages set forth in Column (4) of the 
table which appears in subsection (e) of 
this Article. 
356 
PUBLIC LAW 88-198-DEC. 12, 1963 
[77 STAT. 
(c) During the Storage Season, no water shall be diverted under 
direct flow rights unless there is water in excess of the demand of 
all operating resen^oirs for water from Costilla Creek for storage. 
(d) In order to assure the most efficient utilization of the avail-
able water supply, the filling of Eastdale Reservoir No. 1 from 
Costilla Creek shall be commenced as early in the spring as pos-
sible and shall be completed as soon thereafter as possible. The 
Cerro Canal or any other ditch which may be provided for that 
purpose shall be used, insofar as practicable, to convey the water 
from the Canyon Mouth to Eastdale Reservoir No. 1. 
During 
any season when the Commission determines that there will be no 
Surplus Water, any diversions, waste or spill from any canal or 
canals supplying Eastdale Reservoir No. 1 will be charged to the 
quantity of water diverted for delivery to said reservoir. 
(e) The Commission shall estimate each year the Safe Yield 
of Costilla Reservoir System and its component parts as far in 
advance of the Irrigation Season as possible, and shall review and 
revise such estimates from time to time as may be necessary. 
In the event the Usable Capacity of the Costilla Reservoir 
changes, the average safe yield and the equitable division thereof 
between the States shall be determined in accordance with the 
following table: 
Usable 
Capacity 
of Costilla 
Reservoir 
(1) 
0 
1,000 
2,000 
3,000 
4,000 
5,000 
6,000 
7,000 
8,000 
9,000 
10,000 
11,000 
12,000 
13,000 
14,000 
16,000 
15,700 
Average 
Annual 
Safe Yield 
(acre-feet) 
(2) 
1,800 
3,400 
4,900 
6,400 
7,900 
9,300 
10,700 
12,000 
13,200 
14,300 
15,200 
16,000 
16,600 
17,000 
17,400 
17,700 
17,900 
Division of Safe Yield 
Colorado 
(acre-feet) 
(3) 
1,510 
2,000 
2,450 
2,910 
3,370 
3,800 
4,220 
4,620 
4,990 
5,320 
5.600 
6,840 
6,020 
6,140 
6,270 
6,360 
6,420 
(per cent) 
(4) 
83.9 
68.8 
50.0 
45.6 
42.7 
40.9 
39.4 
38.6 
37.8 
37.2 
36.8 
36.5 
36.3 
36.1 
36.0 
35.9 
35.9 
New Mexico 
(acre-feet) 
(6) 
290 
1,400 
2,450 
3,490 
4,530 
5,500 
6,480 
7,380 
8,210 
8,980 
9,600 
(per cent) 
(6) 
16.1 
41.2 
60.0 
54.6 
67.3 
59.1 
60.6 
61.5 
62.2 
62,8 
63.2 
10,160 
63. 5 
10,580 
10,860 
11,130 
11,340 
11,480 
63.7 
63.9 
64.0 
64.1 
64.1 
Intermediate quantities shall be computed by proportionate parts. 
In the event of change in the Usable Capacity of the Costilla 
Reservoir, the Costilla Reservoir complement of the Costilla Res-
ervoir 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 Res-
ervoir 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. 
77 STAT. ] 
PUBLIC LAW 88-198-DEC. 12, 1963 
357 
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 regula-
tions 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 be-
come 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 head-
gate 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. 
(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 Reser-
voir No. 1, immediately above the point where the intake dis-
charges into the reservoir. 
"
* 
(g) On the Acequia Madre immediately below its headgate. 
(n) 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 Com-
mission for the securing of records required for the carrying out 
of the provisions of the compact. 
Such gaging stations shall be equipped, maintained, and oper-
ated by the Commission directly or in cooperation with an appro-
priate 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. 
358 
PUBLIC LAW 88-198-DEC. 12, 1963 
[77 STAT. 
ARTICUE VIIT 
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 con-
stitute the Costilla Creek Compact Commission. 
In addition to the 
powers and duties hereinbefore specifically conferred upon such Com-
mission, 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 j)roceedings. 
The salaries and expenses of the members of the Commission shall oe 
paid by their respective States. Other expenses incident to the admin-
istration 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 
A'ouchers submitted for that purpose. 
The United States Geological Survey, or whatever federal agency 
may succeed to the functions and duties of that agency, shall collabo-
rate 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 ratifi,ed 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, conditions and obligations of the Costilla Creek 
Compact executed on September 30, 1944, continue in fuU force and 
IN WITNESS W H E R E O F , 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 Febru-
ary, 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. The right to alter, amend, or repeal this Act is hereby 
reserved. 
Approved December 12, 1963.