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WSP08505
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Last modified
1/26/2010 2:48:28 PM
Creation date
10/12/2006 3:01:39 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8103.400
Description
Arkansas River Compact Administration - Article VIII Investigations
Basin
Arkansas
Date
4/6/1949
Author
Hans Kramer
Title
Report to Congress of the United States on Proposed Arkansas River Compact
Water Supply Pro - Doc Type
Publication
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<br />That a~ required thorough consideratio~ of past uses and the <br /> <br /> <br />formu~ation of a mutually satisfactory and beneficial basis for future <br /> <br /> <br />di vision. <br /> <br />The apportionment which the States have agreed upon in <br /> <br /> <br />Article V of the proposed compact is virtually a self~imposed <br /> <br /> <br />rationing system. As such, and since no appropriated water rights <br /> <br /> <br />are vested in the United) States in this particular case, conclusions <br /> <br /> <br />as to its equity and propriety must rest with the States themselves. <br /> <br /> <br />The terms of the interstate apportionment, which establish a <br /> <br /> <br />division of water between Colorado and Kansas generally on a 60%-40% <br /> <br /> <br />basis, are boldly progressive in at least one significant respect: <br /> <br /> <br />bookkeeping as to water deliveries to the States, i. e., carrying <br /> <br /> <br />forward of credits, and debits due to varia'ci,ons from the 60,-40 ratio, <br /> <br /> <br />is deliberately precluded in the administration of the proposed <br /> <br /> <br />compact, This simplification puts administration on a day-to-day <br /> <br /> <br />basis unhampered by the potential problems and 1.rangles that would <br /> <br /> <br />arise frow periodic adjustment or balancing of water accounts, The <br /> <br /> <br />philosophy underlying this simplified yet sensible concept of <br /> <br /> <br />apportionment and administration is that calls for water from John <br /> <br /> <br />Martin Reservoir are to be governed by common sense requirements and <br /> <br /> <br />some administrative discretion rather than rigid, adherence to the <br /> <br /> <br />60-40 apportionment, thus heeding the Supreme Court's admonition as <br /> <br /> <br />to "expert administration rather than . . . imposition of a hard and <br /> <br /> <br />fast rule," <br /> <br /> <br />The practicability of administering the apportionment <br />agreement is a major point of concern to the United States because the <br /> <br />-11- <br />
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