The Upper Colorado River Basin
Compact (1948)
While the Lower Basin States were unable to agree upon an
internal division of the Colorado River
waters assumed apportioned to the Lower Basin by the
Colorado River Compact of 1922, the Upper
Basin States were able to agree upon such a division in
order that development could be initiated in
those States.
On October 11, 1948, the Upper Basin States entered into a
Compact which followed the format and
was subject to the provisions of the 1922 Colorado River
Compact. Article III apportioned to
Arizona the consumptive use of 50,000 acre-feet of water
annually and to the following States the
following percentages of the total quantity available for
use each year by the Upper Basin under the
Colorado River Compact and remaining after deduction of the
use, not to exceed 50,000 acre-feet
per annum made in Arizona:
Colorado 51.75 percent
New Mexico 11.25 percent
Utah 23.00 percent
Wyoming 14.00 percent
Article IV provides that in the event curtailment of use of
water by the Upper Division States
becomes necessary in order that the flow at Lee Ferry shall
not be depleted below that required by
Article III of the 1922, the extent of curtailment by each
State shall be determined by the
Commission (established at Article VIII) upon the
application of stated principles. Article V
established principles governing the application of the
loss of water from storage in reservoirs.
Article VI provided that the Commission shall determine the
quantity of the consumptive use of
water by the inflow-outflow method in terms of manmade
depletions of the virgin flow at Lee Ferry,
unless a different method of determination is adopted by
unanimous action.. This differs from the
Lower Basin formula of "diversions less return flows" (see
Senate Document No. 8, 81st Congress,
1st Session, January 31, 1949).
Article VIII created an inter-State administrative agency
known as the "Upper Colorado River
Commission" and enumerated its powers. The Commission is
composed of one member from each of
the above-named four States and one Commissioner named by
the President of the United States.
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