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<br />Reservoir for its authorized purposes~ <br /> <br />(2) The bottom of the flood control storage is presently fixed by the <br /> <br />Chief of Engineers, U. S, Army, at elevation 3,851 feet above mean sea level. The <br /> <br />flood control storage will be operated for flood control purposes and to those ends <br /> <br />will impound or regulate the streamflow volumes that are in excess of the then <br /> <br />available storage capacity of the conservation pool. Releases from the flood con- <br /> <br />trol storage may be made at times and rates determined by the Corps of Engineers <br /> <br />to be necessary or advisable without regard to ditch diversion capacities or re- <br /> <br />quirements in either or both Sta'te.s. <br /> <br />(3) The conservation pool will be operated for the benefit of water <br /> <br />users in Colorado and Kansas, both upstream and downstream from John Martin <br /> <br />Dam, as provided in this Compact. The maintenance of John Martin Dam and <br /> <br />appurtenant works may at times require the Corps of Engineers to release waters <br /> <br />then impounded in the conservation pool or to prohibit the sforage of water therein <br /> <br />until such maintenance work is completed, Flood control operation may also in- <br /> <br />valve temporary utilization of conservation storage. <br /> <br />D. This Compact is not intended to impede or prevent future beneficial de- <br /> <br />velopment of the Arkansas River basin in Colorado and Kansas by Federal or State <br /> <br />agencies, by private enterprise, or by combinations thereof, which may involve con- <br /> <br />struction of dams, reservoirs and other works for the purposes of water utilization <br /> <br />and control, as well as the improved or prolonged functioning of existing works: <br /> <br />Provided, that the waters of the Arkansas River, as defined in Article III, shall not <br /> <br />be materially depleted in usable quantity or availability for use to the water users <br /> <br />in Colorado and Kansas under this Compact by such future development or construc- <br /> <br />-4- <br />