Laserfiche WebLink
<br />000842 <br /> <br />-24- <br /> <br />10. The Knapp Plan (Cont'd) <br /> <br />A minor error is noted in the Knapp oalculations. whioh arises <br /> <br /> <br />through ignoring tre oontributions of the Pur gatoire River. Had they <br /> <br /> <br />been inoluded with the flows of the Arkansas River at Las Animas. to ar- <br /> <br /> <br />rive at the supplies entering Caddoa Reservoir, and with the assumed 32 <br /> <br /> <br />seoond-feet of net river gain to Lamar, together to indicate the sup- <br /> <br /> <br />plies which. except for Caddoa Reservoir, would have been available for <br /> <br /> <br />diversion by the ditches below Caddo a to Lamar, the oaloulated downstream <br /> <br /> <br />defioienoies would have been reducedl and, an those days (suoh for exam- <br /> <br /> <br />ple as Hay 4-10) when downstream defioiemies govern under the KDapp <br /> <br /> <br />Plan, the calculated oharges against Colorado and the equal credits <br /> <br /> <br />olaimed in behalf of' Caddoa Reservoir for Kansas Wluld have been reduoed. <br /> <br /> <br />Inherent in the Knapp Plan is an assumption of questionable <br /> <br /> <br />validity. the effect of which is to unduly increase the caloulated oharges <br /> <br /> <br />against Colorado. The assumption is that all tre ditches between Caddoa <br /> <br /> <br />and Lamar v.ere in need of and entitled to claim as against upstream ap- <br /> <br /> <br />propriators, and. exoept for Caddoa Reservoir. would have diverted oon- <br /> <br /> <br />tinuously the full amounts of all priorities of and senior to the select- <br /> <br /> <br />ed priority date. Such an assumption. sai d to be based on Hr. Knapp's <br /> <br /> <br />interpretation of the Colorado priority rule, ignores the judicial pro- <br /> <br /> <br />vision. attaching to all m.ter ri(;hts in Colorado. that beneficial use <br /> <br /> <br />is the basis, the measure and the liJ1lit of the right. It ignores and is <br /> <br /> <br />inconsistent with the showing of the diversion reoords of the period, <br /> <br /> <br />namely, that some other ditches, both upstream above Caddo a and down- <br /> <br /> <br />stream below Laros.r. did not at all times divert the full amounts of their <br />