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Last modified
1/26/2010 2:55:45 PM
Creation date
10/12/2006 3:55:21 AM
Metadata
Fields
Template:
Water Supply Protection
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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<br /> <br />OC1202 <br /> <br />The introductory paragraph names the official personnel of the inter- <br />state Compact Commission and recites the consent of Congress to enter <br />into an interstate compact with respect to ,the waters of the Arkansas <br />River, <br /> <br />ARTICLE I. <br /> <br />This Article is a declaration of intent, first to settle disputes and <br />remove causes for future controversy, and second, to equitably divide and <br />apportion between the two States such waters and their use as well as <br />the benefits arising from John Martin Reservoir, <br /> <br />ARTICLE II, <br /> <br />This Article recogni~es (1) the physical and other conditions of the <br />stream and its basin and the irrigation developments therein, (2) the <br />opinion of the United States Supreme Court in the case of Colorado vs, <br />Kansas (320 U.S, 383) concerning the relative rights of the two States, <br />and (3) the experience derived from the - temporary executive interim <br />agreements. <br /> <br />ARTICLE III. <br /> <br />This Article is made up entirely of definitions of terms appearing in <br />the Compact, Attention is particularly directed to paragraph B therein, <br />which excludes from consideration and apportionment any waters brought <br />into the Arkansas River Basin from any other river basin. <br /> <br />I <br />I <br />I <br />1 <br />I <br />1 <br />" <br />" <br /> <br />ARTICLE IV, <br /> <br />This Article further recogni~es that the Reservoir is a flood control <br />as well as water conservation facility and must be operated in cooperation <br />and conjunction with the Corps of Engineers, defines the relative flood <br />contr,ol and conservation storage pools, and specifically provides that it is <br />not intended to impede or prevent future beneficial development of the <br />river basin, so long as such future development does not materially deplete <br />such river basin water in usable quantity or availability for use. to the <br />water users of Colorado and Kansas so far as their rights are established <br />under this Compact, ' <br /> <br />.~ <br />,; <br />~~l <br />:~t <br />'::.: <br />,'3 <br />;;1 <br />q <br />"1:;, <br />" <br />-~~ <br />~~ <br /> <br />ARTICLE V, <br /> <br />This is the apportionment Article, In considering it one must keep <br />in mind the fact that it was the definite intent of the Commissioners that <br />water must not be wasted and that there must be a flexibility and avail- <br />ability in use for water users in both States and that such. requirements <br />will not necessarily arise at the same time, dependent on weather condi~ <br />tions in different areas. Furthermore, it must not be overlooked that the <br />principal beneficial purpose of the Reservoir is to conserve water which <br />previously has been unusable and wasted because of lack of a storage <br /> <br />:. .~; <br />:":~ <br />, , <br />}'~, <br />/; <br />/j <br />"1 <br />.> "~ <br />:,;~ <br /> <br />7 <br /> <br />"" <br /> <br /> <br />-~"" <br />
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