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<br />.nr....'i~~Q <br />:..J... .. r:., <br /> <br />These three documents con~titute an instrument for dividing the flows of <br />the North Platte River among Wyoming, Colorado, and Nebraska. Important <br />implications from these documents include: <br /> <br />(1) State agencies are responsible for administering natural flow <br />rights in their respective states. <br /> <br />(2) The Bureau of Rec 1 amat ion, as custod i an of storage water under <br />state law, is not entitled to a separable allocation of water; further- <br />more, the priority of reservoir rights to surplus water is specified. <br /> <br />(3) Methods for computing natural flow and apportioning it between <br />states are specified, including some fixed values for gains and losses <br />along the river. <br /> <br />(4) The amount of surplus water for irrigation use that can be stored <br />in Glendo Reservoir is restricted. <br /> <br />Specifically, an order was issued which provided that the State <br />of Colorado be enjoined from diverting water from the North Platte <br />River and its tributaries for the irrigation of more than a total <br />of 135,000 acres of land in Jackson County, Colorado, during any <br />one irrigation season. They were further enjoined from storing more <br />than 17.000 acre-feet annually between October 1 of any given year <br />and September 30 of the following year. Out-of-basin diversions <br />were 1 imited to no more than 60,000 acre-feet in any period of <br />10 consecutive years. <br /> <br />Exclusive of the Kendrick Project and the Seminoe Reservoir, the <br />St ate of Wyomi ng was enj oined from divert i ng water above the Guernsey <br />Reservoir or from the tributaries of the North Pl atte River above the <br />Pathfinder Dam for the irrigation of more than a total of 168,000 acres <br />of land in Wyoming during anyone irri9ation season. They were also <br />enjoined from storing more than 18,000 acre-feet annually for use above <br />Pathfinder Reservoir. In the area between Guernsey and the Tri-State <br />Dam section, between May 1 and September 30 of any year, the natural <br />flow of the North Platte River was divided between Wyoming and Nebraska <br />on the basis of 25 percent to Wyoming and 75 percent to Nebraska. <br />Water stored in Federal reservoirs is affected by the decree, but <br />is controlled by contracts of the North Platte Project and Warren <br />Act Contracts. <br /> <br />When the Glendo Project was found to be feasible, the. decree was amended <br />by Colorado, Nebraska, and Wyoming in the U.S. Supreme Court in 1953. <br />Colorado, Nebraska, and Wyoming agreed to stipulate that Colorado might <br />increase its use of North Pl atte waters to serve 145,000 acres of 1 and <br />up from 135,000 acres. Storage rights in Gl endo were to be 1 imited to <br />40,000 acre-feet annually, plus the previous years evaporation losses <br />estimated to be 20,000 acre-feet, and including carryover storage, would <br />never exceed 100,000 acre-feet. This water was to be distributed accord- <br />ing to contracts with the Secretary of the Interior, and divided among <br /> <br />25 <br />