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<br />000821 <br /> <br />-3- <br /> <br />1. Stipulation of 1933 (Cont'd) <br /> <br />J <br /> <br />This discussion is based on the assumption that the Stipulation <br /> <br /> <br />of 1933 governs the interstate administration of the Arkansas River and <br /> <br /> <br />Caddea Reservoir during the irrigation season of 1943. In this connec- <br /> <br /> <br />tion it will be recalled that, when authority was granted March 30. 1943, <br /> <br /> <br />by the Har Department. Corps of Engineers, United States Army, to the <br /> <br /> <br />States of Colorado and Kansas, to utilize up to 100,000 A.F., of the <br /> <br /> <br />presently constructed 270,000 A.F. of storage c.apacity in Caddoa Reser- <br /> <br /> <br />voir, during the war and food emergency period, for purposes of stream- <br /> <br /> <br />flow regulation and water conservation in the aid of irrigated agricul" <br /> <br /> <br />ture in Colorado and Kansas, State Engineer Hinderlider was advised by <br /> <br /> <br />Attorney General Ireland, and Engineer Knapp stated that he had been <br /> <br /> <br />similarly advised by Attorney General rutchell, that the Stipulation of <br /> <br /> <br />1933 was then in effect since the storage of water in Caddoa Reservoir <br /> <br /> <br />had begun. Acting upon the said advice of their respective Attorneys <br /> <br /> <br />General, the two State Engineers met in Lrm~r, Colorado, on April 8. <br /> <br /> <br />1943, when among other things they agreed thatl <br /> <br /> <br />(a) Par. 2 of th3 1933 Stipulation which, "to roaintain the <br /> <br /> <br />status quo of the diversion of water for beneficial uses from the Ar- <br /> <br /> <br />kansas River by the di tohes and canals now constructed and operated <br /> <br /> <br />in both States," allocates quantities of water up to 160,000 A.F. an- <br /> <br /> <br />nually to Colorado (for diversion by ditches in Colorado below Caddoa), <br /> <br /> <br />and up to 77,000 A.F. annually to Kansas, of Which 52,000 A.F. thereof <br /> <br /> <br />during April to September inclusive, shall be interpreted as meaning that, <br /> <br /> <br />in relation to the said summer allocation to Kansas of a qUantity up to <br /> <br />r <br /> <br />. <br /> <br />. <br />