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<br />000839 <br /> <br />-21- <br /> <br />9. The lIinderlider Plan, (Cont'd) <br /> <br />regimen of the river downstream, it cannot similarly e.1'1'ect the 1'low 01' <br /> <br /> <br />the river at upstream points; and while the diversion opportunities down- <br /> <br /> <br />stream will be changed, those upstream will not be altered. To avoid dis- <br /> <br /> <br />turbanoe of historic interstate relations, it was neoessary, in the 1933 <br /> <br /> <br />Stipulation, to define the downstream diversions, - those in Kansas in <br /> <br /> <br />relation to those in Colorado. But it was not necessary or aclV'isable to <br /> <br /> <br />de1'ine the relations between appropriators above and below Caddoa Reser- <br /> <br /> <br />voir in colorado, for the relations between them are defined by the <br /> <br /> <br />Courts of Colorado and are,1'ixed on the basis 01' relative priorities, and <br /> <br /> <br />could not, by an agreement between the two States, be redefined on a diff- <br /> <br /> <br />erent quantitative basis. Henoe it appears that an allooation to Colo- <br /> <br /> <br />rado, for diversion by ditches upstream from caddoa, was not intended <br /> <br /> <br />in the 1933 Stipulation, and should not be asswned. <br /> <br />10. Tha Knapp Pla.n. <br /> <br />As distinguished from the previously outlined Hinderlider Plan,- <br /> <br /> <br />which compares the aggregate total diversions, including stored and sur- <br /> <br /> <br />plus supplies, 01' a selected group of upstream ditches in 1943, with <br /> <br /> <br />their historic average diversions, in acre-feet by months, and attributes <br /> <br /> <br />the departures to Caddoa Reservoir, - the Knapp Plan, hereinafter dis- <br /> <br /> <br />cussed, considers the diversions 01' river water, exclusive of stored and <br /> <br /> <br />imported supplies, on a daily second-foot basis, and involves so-oalled <br /> <br /> <br />out-of-priority diversions of upstream ditohes selected individually. <br /> <br /> <br />The Knapp Memorandum of July '<9, 1943 explains the procedure. <br />