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<br />AR TICLE II <br /> <br />The provisions of this Compact are based on (I) the physical and other <br /> <br />conditions peculiar to the Arkansas River and its natural drainage basin, and the <br /> <br />nature and location of irrigation and other developments and facilities in connec- <br /> <br />tion therewith; (2) the opinion of the United Sta,tes Supreme Court entered Decem- <br /> <br />ber 6, 1943, in the case of Colorado v. Kansas (320 D, S, 383) concerning the rela- <br /> <br />tive rights of the respective States in and to the use of waters of the Arkansas River; <br /> <br />and (3) the experience derived under various interim executive agreements between <br /> <br />the two States apportioning the waters released from the John Martin Reservoir as <br /> <br />operated by the Corps of Engineers, <br /> <br />AR TICLE III <br /> <br />. <br /> <br />B~ The term "waters of the Arkansas River" means the waters origina- <br /> <br />ting in the natural drainage basin of the Arkansas River, including its tributaries, <br /> <br />upstream from the Stateline, and excluding waters brought into the Arkansas River <br /> <br />basin from other river basins. <br /> <br />C. The term "State line flow" means the flow of waters of the Arkansas <br /> <br />River as determined by gaging stations located at or near the Stateline, The flow as <br /> <br />determined by such stations, whether located in Colorado or Kansas, shall be deemed <br /> <br />to be the actual Stateline flow, <br /> <br />D. "John Martin Reservoir Project" is the official name of the facility <br /> <br />formerly known as Caddoa Reservoir Project, authorized by the Flood Control Act <br /> <br />of 1936, as amended, for construction, operation and maintenance by the \"'lar <br /> <br />-2- <br />