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<br />000828 <br /> <br />-10- <br /> <br />7. Nature of Additional Upstream Diversions (Cont'd) <br /> <br />share of a surplus supply stored in Caddoa Reservoir, and sinoe. by agree- <br /> <br /> <br />ment between the two state Engineers (Par. I-b hereof). there was no sur- <br /> <br /> <br />plus out of which to make such exohan@Ss. the additional diversions by <br /> <br /> <br />upstream Colorado ditohes in 1943 Wilre not in acoordanoe with the 1933 <br /> <br /> <br />Stipulation, but, sinoe they were mace, the waters stored in Caddoa Re- <br /> <br /> <br />servoir should have been treated as a surplus and should have been di- <br /> <br /> <br />vided equally between the two States. <br /> <br /> <br />Without beooming involved in technical or legalistio interpre- <br /> <br /> <br />tations of the 1933 Stipulation, these f~ots demand consideration, name- <br /> <br /> <br />ly, that the total surplus supply of the 1943 season, if any, oannot be <br /> <br /> <br />determined until the olose of the season; and, when evaluated. it will <br /> <br /> <br />neoessarily oonsist of the one portion thereof currently used during the <br /> <br /> <br />season in Colorado and Kansas, and of the remaining unused portion re- <br /> <br /> <br />tained in storage in Caddoa Reservoir at the close of the season, if e:ny. <br /> <br /> <br />The unused carryover stora@S is, of oourse, readily subjeot to division <br /> <br /> <br />between the two states, although complications may arise regarding proper <br /> <br /> <br />ohar@Ss for losses in storage and oonveyanoe. At this time attention is <br /> <br /> <br />directed to the portion currently used during the season, a division of <br /> <br /> <br />which between the two States oe:n be acoomplished only by a system of <br /> <br /> <br />accounting which balances the additional deliveries to Kansas against the <br /> <br /> <br />additional upstream uses in Colorado. The excess quantities delivered <br /> <br /> <br />to Kansas, had they not been requested by water officials of that State. <br /> <br /> <br />might have been retained in storage in Caddoa Reservoir. Similarly, the <br /> <br /> <br />additional diversions of upstream ditches in Colorado (or more accurately <br />