37-68-101. Amended Costilla Creek compact. The general assembly hereby
ratifies the amended compact between the state of Colorado and the state of New
Mexico, designated as the "Amended Costilla Creek Compact", signed in the city
of Santa Fe, state of New Mexico, on the seventh day of February, A. D. 1963,
by J. E. Whitten, commissioner for the state of Colorado, and S. E. Reynolds,
commissioner for the state of New Mexico, which said amended compact is as
follows:
Amended Costilla Creek Compact
The state of Colorado and the state of New Mexico, parties signatory to
this compact (hereinafter referred to as "Colorado" and "New Mexico,"
respectively, or individually as a "state," or collectively 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 compact with respect to the water 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 waters in one state for use in both states; to
equalize the benefits of water from 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
application of water diverted from Costilla Creek for irrigation by the water
users of the two states on a common basis.
The physical and other conditions peculiar to the Costilla Creek and its
basin, and the nature and location of the irrigation development 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 establishes any general principle or
precedent with respect to any other interstate stream.
Article II
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 corner of
Costilla County in Colorado and flows in a general westerly direction crossing
the boundary three times above its confluence with the Rio Grande in New
Mexico.
(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 compact 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 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 permit 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.
(j) The term "Costilla Reservoir System" means and includes the Costilla
Reservoir and the Cerro Canal, the permits for the storage of water in Costilla
Reservoir, the twenty-four and fifty-two hundredths (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 Reservoir System Safe Yield" means that quantity
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.
(l) 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 impound waters of Costilla
Creek and its tributaries in addition 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 aggregate 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) the
Acequia Madre where it crosses the boundary; (2) the Costilla Creek where it
crosses the boundary; (3) the Cerro Canal where it reaches 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 Compact commission
created by Article VIII of this compact for the administration thereof.
Article III
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 apply 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 irrigation of
lands in Colorado a portion of the Costilla Reservoir complement 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 provisions 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 adjustments
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 Creek 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 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 (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 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 Reservoir 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 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
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, 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. _
(b) Deliveries to Colorado of direct flow water below the Canyon Mouth
shall be made by New Mexico in accordance with the following schedule:
Deliveries of Direct Flow Water to Colorado During Irrigation Season
_
Usable
Discharge Incremental Cumulative
of Creek aAllocationsPoints of Allocations Remarks
Canyon to ColoradoInterstate to Colorado
Mouth (C.F.S.) Delivery (C.F.S.)
Gaging
Station
(C.F.S.)
_
(1) (2A) (2B) (3) (4) (5)
_
Acequia
25.00 1.05 Madre Incremental allocation is 4.2% of
the usable discharge when usable
discharge is less than 25.00
C.F.S.
2.53 Cerro Canal Incremental allocation is 10.13%
of the usable discharge when
usable discharge is less than
25.00 C.F.S.
4.70 Cerro Canal 8.28 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 adjustment in the
event of a change in the usable
capacity of Costilla Reservoir.
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. correction
for losses.
Usable
Discharge Incremental Cumulative
of Creek aAllocationsPoints of Allocations Remarks
Canyon to ColoradoInterstate to Colorado
Mouth (C.F.S.) Delivery (C.F.S.)
Gaging
Station
(C.F.S.)
_
(1) (2A) (2B) (3) (4) (5)
_
36.88 .38 Cerro Canal 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 adjustment in the
event of a change in the usable
capacity of Costilla Reservoir.
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.
4.04 Cerro Canal 12.70 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.
38.62 1.00 Creek 13.70 Incremental allocation is 100% of
the usable discharge in excess of
37.62 C.F.S. and less than 38.62
C.F.S.
44.76 2.24 Cerro Canal 15.94 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.
50.91 6.00 Creek 21.94 Incremental allocation is 100% of
the usable discharge in excess of
44.91 C.F.S. and less than 50.91
C.F.S.
56.48 .13 Cerro Canal 22.07 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.
61.48 1.00 Creek 23.07 Incremental allocation is 100% of
the usable discharge in excess of
60.48 C.F.S. and less than 61.48
C.F.S.
64.22 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
Usable
Discharge Incremental Cumulative
of Creek aAllocationsPoints of Allocations Remarks
Canyon to ColoradoInterstate to Colorado
Mouth (C.F.S.) Delivery (C.F.S.)
Gaging
Station
(C.F.S.)
_
(1) (2A) (2B) (3) (4) (5)
_
Reservoir No. 1.
139.70 27.55 Cerro Canal 50.62 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 percent 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 from 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 percent (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 delivered at the boundary and
adjusted 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.
(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
reservoirs for water from Costilla Creek for storage.
(d) In order to assure the most efficient utilization of the available
water supply, the filling of Eastdale Reservoir No. 1 from Costilla Creek
shall be commenced as early in the spring as possible 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 Average
Capacity Annual Division of Safe Yield
of Costilla Safe Yield Colorado New Mexico
Reservoir (acre-feet) (acre-feet) (percent) (acre-feet) (percent)
(1) (2) (3) (4) (5) (6)
0 1,800 1,510 83.9 290 16.1
1,000 3,400 2,000 58.8 1,400 41.2
2,000 4,900 2,450 50.0 2,450 50.0
3,000 6,400 2,910 45.5 3,490 54.5
4,000 7,900 3,370 42.7 4,530 57.3
5,000 9,300 3,800 40.9 5,500 59.1
6,000 10,700 4,220 39.4 6,480 60.6
7,000 12,000 4,620 38.5 7,380 61.5
8,000 13,200 4,990 37.8 8,210 62.2
9,000 14,300 5,320 37.2 8,980 62.8
10,000 15,200 5,600 36.8 9,600 63.2
11,000 16,000 5,840 36.5 10,160 63.5
12,000 16,600 6,020 36.3 10,580 63.7
13,000 17,000 6,140 36.1 10,860 63.9
14,000 17,400 6,270 36.0 11,130 64.0
15,000 17,700 6,360 35.9 11,340 64.1
15,700 17,900 6,420 35.9 11,480 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 Reservoir 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 Reservoir 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.
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 regulations 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 become
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 headgate 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
streamgaging-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 Reservoir No. 1,
immediately above the point where the intake discharges into the reservoir.
(g) On the Acequia Madre immediately below its headgate.
(h) 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 commission for the
securing of records required for the carrying out of the provisions of the
compact.
Such gaging stations shall be equipped, maintained, and operated by the
commission directly or in cooperation with an appropriate 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.
Article VIII
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 constitute the Costilla Creek
Compact Commission. In addition to the powers and duties hereinbefore
specifically conferred upon such commission, 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 proceedings. The salaries
and expenses of the members of the commission shall be paid by their respective
states. Other expenses incident to the administration 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 vouchers submitted for that purpose.
The United States geological survey, or whatever federal agency may
succeed to the functions and duties of that agency, shall collaborate 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 ratified 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 full force and effect.
IN WITNESS WHEREOF, 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 Santa Fe, New Mexico, on the 7th day of February, in
the year of our Lord, one thousand nine hundred and sixty-three.
(Signed) J. E. Whitten,
Commissioner for Colorado.
(Signed) S. E. Reynolds,
Commissioner for New Mexico.
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