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,- ;; '".-N .... ~. '-. '- "::3 ) -5- 11. With respect to the plan of res.Jrvoir operation assumed by K:;n sas, and the treat::rent tharound"r of "Caddoa flows mretofore used in Colorado" as unavailable for stor:>.ge, Colorado's position is that. while such appro- priated streamflows may not be available for storage in the sense that they may be withheld from presen~~s and use~s. or be divided with or allocated to others by this Commission or _ prooosed compaot. they' are stre9.lnflows physioally available for storage which ~ould be stored for purposes of regu- lation. and for release from the reservotr to present~~_e.nd ,users in ac- cordanoe with their established rights. iPr'io",~lv~ r.o<5a~ iZRd de_ds fel' '08- ~; and that any asstnned or adopted plan for the operation of the irrigation pool in Caddoa resen-oir must oontemplate and provide for the regulation of "Caddoa flcrws heretofore used in Colorado." 12. Again with respeot to the plan of reservoir operation assumed by Kansas. and the treatment thereunder of "Caddoa flows heretofore used in Kansas" as available for storage, ColQrado's position is that ~ 11 ~~ ~ . 01,,,..'.' ',~ :'.G_' 1 L Ilk"" ~j,..t. Caddoa flows heretofore used dawnstrea:m in both States should be tre~ted'as available for 6tor:>.ge for purposes of'regulation. hut should not he considered, "new '.vater" to become available for additional diversion and increased use by reason of Caddoa reservoir operations; and that in the document under discussion. and in the tahulations described as "tend- ing to shm'f the amount of new water," the repori:ed "amouzrts of usable water" should be diminished by deducting therefrom the aoounts of "Caddoa fl~IS here- tofore used in Kansas." 13. Since total flow at Caddo a averaged 295.700 aore feet annually, and since 190,000 acre feet thereof ~ considerod "available f'or storageQ by Kansas, it follows that the remaining 105.700 aore f'eet were considered un- available for storage. From the method by which Kansas calculated the 190.000 acre feet considered "available for storage," the remaining 105.700 acre feet appear to represent the "depletions" incident to diversions by ditches down- stream in COlorado, - which for all ditches in Water District 67 averaged 158,900 acre feet annually. Inheren~ in the Kansas procedure are assumptions that Colorado District 67 ditches diverted 53.200'acre feet fram sources en- tering the river belcrw Caddoa. and 105.700 aore feet from the river passing Caddoa. lnasr.luch l!.3 return flOl1s to the river are small in that section be- t;veen Caddoa and La=r, where diversions total 132,400 acre feet 9.IlIlually, but are relatively large in the lower reaohes'of the Lamar-Stateline section, belm7 the headgates of all major and most of the minor ditches in Water Dis- trict 67, the validity and accuracy of the assumptions inherent in the Kansas method of calculation are questionable. 14. As shown by the sul"litted tabul:>.tion. the 190.000 acre feet annual- ly of Caddoa flow, oonsidered by Kansas as "water availahle for storage", is an average. !IIlde up of quanti~ies which in so:ne months and years are ir. excess of assu::led completed storage capaci'ty of the irrigation pool. While suoh ex- cess volumes may be controlled, by storage in the flood pool. to prevent or reduce damages fro:n floods originatin& upstream to lands and property along the river channel downstre~, they cannot be impounded or stored in the irri- - --gation pool, nor be regulated or conserved- therein for irrigation purposes. - -,- Are such excess stre~,rlows properly included in quantities termed "available for storage?" Colorado notes that, in later calculations by Kansas, flood