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000829 -11- 7. Nature of Additional Upstream Diversions (Cont'd) the portions thereof conswnpti vely used and thus withheld from the river) might have accul1U.Ilated in Caddo a Reservoir to become a part of that reser- voir and river supply whioh. by the Stipulation of 1933, was apportioned between the tl'oQ States. Certainly. the nature of the two are comparable, in spite of this difference. that, while the excess deliveries to Kansas during April, tlay and J1.me of 1943. might have been avoided by smaller requests on the part of Kansas water officials. the additional diversions of up. stream ditches in Colorado, under the circumstances then existing. were unavoidable. That is to say, the authority of the Colorado water offi- cials, in distributing water supplies among appropriators, does not per- mit of denying to upstream appropriators the right of making mat here- in are termed additional diversions at times men water supplies stored in Caddo a Reservoir to Colorado's oredit (whether the same be designated surplus or otherwise. and v.hether defined in amount or undefined) are available for release to satisfy the rights of downstream appropriators. 8. History of Caddoa Storage. The alternate contention of tlr. Knapp Beems to be thnt. since additional upstream diversions in Colorado were made, the waters stored in Caddoa Reservoir should be treated as a surplus supply. At the start of the 1943 season the same contention was advanced by him. rut was with- drawn. after a review of the record, in favor of the interpretation agreed upon by the tl'oO State Engineers (Par. l-b hereof) at their meeting of