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<br />000837 <br /> <br />-19- <br /> <br />9. The Hinderl,~d~,!,_l_an (Cont'd) <br /> <br />of all 15 ditohes upstream from Caddoa in Distriots 14 and 17, in the <br /> <br /> <br />six s~r months of April to September inclusive, aggregated 590,390 <br /> <br /> <br />A. F. in 1938, and ,80,800 A. F. in 19,7 ,and averaged 498,280 A. F. dur- <br /> <br /> <br />ing the historio 1908-19,8 period. Under the Hinderlider plan the as- <br /> <br /> <br />sumption is made that departur es from historio average values are attri- <br /> <br /> <br />butable to Caddoa Reservoir, and henoe too above-average diversion of <br /> <br /> <br />92,100 A.F. in 1938 would be termed its 1938 upstream benefits, and the <br /> <br /> <br />below-average diversion of 117,Leo A.F. in 1937 would become its 1937 <br /> <br /> <br />injuries. Such oonclusions are not justified, for Caddo a Reservoir, not <br /> <br /> <br />then construoted, could not have reflected any benefits or injuries into <br /> <br /> <br />upstream areas, and cculd not have inoreased or decreased the diversions <br /> <br /> <br />of upstream ditches. <br /> <br /> <br />The State of Colorado should not sponsor the Hinderlider plan <br /> <br /> <br />as its interpretation of the 1933 Stipulation. Not only is the plan in- <br /> <br /> <br />applioable, but, if adopted, its effects on Colorado in the average fu- <br /> <br /> <br />ture season would be seriously injurious. It would allocate to Kansas <br /> <br /> <br />a quantity of vater different and greater than contemplated by the 1933 <br /> <br /> <br />Stipulation, for the reason that the amounts of return, stored and im- <br /> <br /> <br />ported waters diverted by ditohes upstream from Caddoa, now exceed and <br /> <br /> <br />in the future will continue to be greater than historio average quanti- <br /> <br /> <br />ties. The one item of imported waters will serve for purposes of il- <br /> <br /> <br />lustration. As oompared with historic iJnportations averaging less than <br /> <br /> <br />10,000 A. F. annually, the enterprises now constructed vall i"'Port about <br /> <br /> <br />60,000 A.F. in the average future season. As a result, too total di- <br />