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

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000838

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9. The Hinderlider Plan (Cont'd)

versions of ditches in Distriots 14 and 17 will be inoreased, and will

exoeed historic averages. directly by more than 50.000 A.F. per season,

and indirectly. including rediversions of increased return flows, by a

greater amount. Hence, under:, ~he Hinderlidel' plan, Kansas would receivel

(1) its quota, based on the diversions of Colorado ditohes below Ca.ddoa;

and (2) its half' of the surplus, based in part on the additional diver-

'sions of Colorado ditohes upstream from Caddoa attributable to operations

of Caddoa Reservoir; and. in addition to such allocations as contemplated

by the 1933 Stipulation. would also reoeive (3) an amount of .Arkansas

River ve.ter equal to the quantities of water imported by Colorado ditohes,

or to the greater-than-average diversions resulting from suoh importa-

tions.

It is contended, in behalf of the Hinderlider plan. than an al-

location to Colorado for diversion by ditches upstream from Caddoa, though

not mentioned in the 1933 Stipulation. was intended llnd should be assured.

The reasoning seems to be that, since the 1933 Stipulation allocated quan-

tities up to 77,000 A.F. annually to Kansas, and up to 160,000 A.F. an-

nually to Colorado, for diversion b:Y ditches domstream from Caddoe., and

in that way protected or avoided disturbance of the status quo of the di-

version of vater downstream. it intended also to proteot the upstream

ditches and should have made an allocation to Colorado for diversion by

them.

In this regard it may be noted that, while the construction

and operation of Caddoa dem and reservoir will unavoidably alter the