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<br />It happen$ that small, isolated watershed areas, aggregating <br /> <br /> <br />approximately 150 square miles of the headwater tributarie$ of the <br /> <br /> <br />Purgatoire River, which joins the mainstem of the Arkansas near the <br /> <br /> <br />upper end of the John Martin Reservoir, are located in New Mexico, <br /> <br /> <br />By virtu$ of that fact, New Mexico may be regarded as a so-called <br /> <br /> <br />"upper state'" on the Arkansas River in relation to Colorado (and <br /> <br /> <br />Kansas). Hov/ever, the insignificant. quantity of river flovi derived <br /> <br /> <br />from these small areas and their nature and development are actually <br /> <br /> <br />such as to make them inconsequential vdth respect to the proposed <br /> <br /> <br />compact. Recognition of the physical situation and the legal status <br /> <br /> <br />pertaining to the watershed areas of the Arkansas River which lie in <br /> <br /> <br />New Mexico is contained in Article IV B o~ the proposed compact. <br /> <br /> <br />The peculiar physiography of the Arkansas River basin in <br /> <br /> <br />western Kansas prevents that reach of the river from receiving any <br /> <br /> <br />tributary inflow of consequence and from contributing materially to <br /> <br /> <br />the flow of the lavler river through southeastern Kansas, Oklahoma <br /> <br /> <br />and Arkansas. In effect, therefore, the Arkansas River of western <br /> <br /> <br />Kansas may be considered as a minor tributary of the lower river. <br /> <br /> <br />This condition is recognized in the comprehensive plan of multiple- <br /> <br /> <br />purpose development for the Lower Arkansas Basin which has been <br /> <br /> <br />authorized by Congress. The lower States are not in the arid region; <br /> <br /> <br />their problem is mainly flood control. Hence, irrigation usage in the <br /> <br /> <br />upper States of Colorado and KaDsas does not affect the interests of <br /> <br /> <br />the lower States, in the waters of the interstate stream. Indeed, if <br /> <br /> <br />any detrimental effect downstream were involved, Kansas herself <br /> <br /> <br />would be concerned. In view of the conclusion that there is no valid <br /> <br /> <br />interest in the proposed compact on the part of the lower States, <br /> <br /> <br />-13- <br />