WSP09807

• File Number: 8101
• Description: Arkansas River Basin
• State: CO
• Basin: Arkansas
• Water Division: 2
• Date: 8/27/1943
• Author: Uknown
• Title: Dispute Concerning Interstate Administration of Arkansas River and Caddoa Reservoir During Months of April to July 1943
• Water Supply Pro - Doc Type: Report/Study

000820.

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analyze either the figures or the validity of the assumptions on whioh

they were calculated. and with each Attorney General supporting the po-

sition of his own State Engineer, the oonference adjourned. leaving the

status of interstate relations in an uncertain and unsatisfactory condi-

tion. As requeste d by Attorney General Ireland. v.e have herein assem-

bled and analyzed the records and factual informatian in order to out-

line the nature and extent of the dispute. and to suggest, as a basis

for further negotiation and possible adjustment. the position wluch Colo-

rado might properly adopt.

r

1. Stipulation of 1933.

Fundamental to any discussion of the dispute is the question

as to whether or not the agreement between the two States. termed the

Stipulation of 193;, governs the interstate administration of the Arkan-

sas River and Caddoa Reservoir during the irrigation season of 194;. In

the case of !!.o~~do v._ K~~, Colorado supports that Stipulation. Al-

though, as pointed out by counsel for Colorado at the conference of Aug-

ust 19th. since the Special11aster holds that the Stipulation of 19;; is

not binding. and since Kansas fails to exoept to that finding, there may

be a legal question as to what if any understanding now governs, never-

theless that question does not account for the present dispute nor the

differences between the two State Engineers, as both contend their fig-

ures are in aocordanoe with the Stipulation of 19;;. Manifestly" there-

fore, the different positions and results m.ust be due to the different

interpretations placed on the Stipulation of 19;;, or some of its pro.'

visions, qy the two State Engineers.