WSP09774

• File Number: 8103.400
• Description: Arkansas River Basin Legislation - Compacts
• State: CO
• Basin: Arkansas
• Water Division: 2
• Date: 12/14/1948
• Author: Unknown
• Title: Arkansas River Compact - Report and Submission of the Arkansas River Compact - 1948
• Water Supply Pro - Doc Type: Report/Study

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may divert without regard to the decreed priorities in Colorado below
the Reservoir and at the same time the said users in Colorado below the
Reservoir may divert in accordance with whatever distribution agreement
may be in effect between them at that time, Such a distribution agreement
is noW in effect and operation-and satisfactorily so.

However, it is expected that there may be times when the Reservoir
becomes empty and this Article gives the administrative agency, herein"
after referred to, the right to anticipate such happening and to provide
by ample notice through the State Engineer (subjeCt to change or cancella-
tion because of change of conditions) for a change of administration so
that all Colorado water users will switch back .to the decreed priority
basis as though the Reservoir had never been constructed. Provision is
made for the administrative agency to time such notice so as not to
unduly disturb the regimen of the river, It is further provided that when
stored water is again available for _release, notice in the same manner will
be iBSued by the administrative agency, discontinuing the decreed priority
administration, It is specifically provided herein that when Colorado is
on the decreed priority basis, Kansas shall not be entitled to any portion
of the river flow reaching the Reservoir, and that only such waters as may
flow acroBS the State line during such periods shall be apportioned to
Kansas.

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Paragraph H of this Article contains the limitation on transfers of
rights from below the Reservoir to any point above the Reservoir, as well
as the limitation upon increase of ditch diversions below the Reservoir
in Colorado and in Kansas beyond the total present rights of such ditches,
and provides for a finding by the administrative agency, in respect to
material depletion or adverse effeGt in respect thereto, It should be empha-
si~ed, however, that such a finding is not conclusive, but only constitutes
prima facie evidence (see paragraph I of Article VIII) and that the
proper court can still paBS on such question after proper notice to all
parties, including the administrative agency,

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ARTICLE VI.

This Article protects Colorado as to the waters arising in Colorado,
and fully recognizes Colorado's statutory system of water administration,
particularly as to use for irrigation and other beneficial purposes in Colo-
rado. It also recogni~es a peculiar situ3;tion which exists as to the Frontier.
Ditch which diverts in Colorado near the State line, for irrigation uses in
Kansas. Colorado, however, gets credit on its deliveries to Kansas for any
water thus diverted into Kansas,

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ARTICLE VII,

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This Article is purely explanatory of terms used in the Compact,
and clearly states that this Compact ""tablishes no general pi:inciple or
precedent with respect to any other interstate stream.

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