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<br />:-:) <br /> <br />,-., <br /> <br />~ <br />~ ~ <br />-e-- -~ <br />~ -.;[ <br />21. For the above mentioned reason. and beoa.use estimations end oa1ou- <br />lations of so-called "new" or "surplus" v/aters are dependent thereon. Colo- <br />re.do suggests t!1ll.t the attontion of thi. CoI:llllission be directed to determina- <br />tions of the water supplies of the interstate stree.n heretofore diverted and <br />used in eaoh State under pre-Caddoa oonditions. and to plans for the operation <br />of the irrigation pool in Caddoa Reservoir and for the adninistration of rights <br />in the Arkanse.s River affeoted by such operations before previous investiga- <br />'tions are eit:ended, or further imrestigaticns or studies are' underte.ken to es- <br />tir-..ate or oa1oulate the amou':1.ts of "newn or "surplus" water to heooJ:l!l avail- <br />able for additional diversion and increased use in the two States. by reason <br />of operations of Caddoa Reservoir. <br /> <br />-8- <br /> <br />22. The oonstruction of Caddoa Frojeot in Colorado has created problems. <br />by its location. - which divides the appropria:tors e.long the Arkansas River <br />into t\70 groups, one above. represented by ditches in Hater Districts 14 and <br />17. and the other below. ir.volving ditches in ~ater District 67. and by its <br />operations. which affect the relctive rights of the two groups and of individ- <br />ual appropriators in We.ter'District 67. and the system of adr.dnistering decreed <br />rights and distribut'~ng water. long-established in Colorado, um er its doctrine <br />of aFpropriation and rule of priority. Any plan of operation assumed or adopt- <br />ed should recognize thatl <br /> <br />r. <br /> <br />(a) When Caddoa Reservoir is empty, or unavailable, and diversions <br />from the Arkansas River e.re being made from so-ce.lled "natural flows," the <br />long-established s>~tem of administration and distribution will prevail in <br />Colorado the same as if the Caddoa project had not been constructed; !lIld at <br />such times the water supplies of the Arkansas River ~~ll be apportioned as be- <br />t\7een District 67 and other districts upstreBJ:l, and as betvleen the ditches of <br />Distriot 67, in accordance with their relative decreed priorities and needs <br />thereur.der. <br /> <br />"- <br /> <br />(b) When waters are impou;wed or stored in Caddoa Reservoir, and are <br />thus avai~~~e t~rn~elease, the decreed rights of ditches in District 67 are <br />deer.:ed to De }s'atiSfled. and ,at such times the appropriators in District 67 mAY <br />not call upon junior appropriators upstream for another or second supply of wa- <br />ter; <br /> <br />(c) In the above ~ntioned way a portion of Colorado's share of any <br />water made availoble for additional diversion and increased use hy reason of <br />Caddoa P~servoir ,nIl be divertcd and used in ~ater Districts upstream from <br />Caddoa. principally in uater Distriots 14 and 17. <br /> <br />..- <br /> <br />(d) l1hen releases of water from Caddoe. Reservoir are made for diver- <br />si. on and use by ditches in -"ater District 67 in Colore.do, or for delivery e.t <br />the State1ine for use in Kansas. or both at ,once, the s~reamflows and water <br />supplies cannot be distributed among ditches in Distriot 67 in accord~ce ,nth <br />their decreed priorities, without thereby cp~in_g;_ the rels,tions. !Ceasured by <br />historic diversions, between such ditchee ~"'-'tVlO Et-,ates. and hence the <br />stree.cllows and water supp;Li"s of the river b~).oYl Cadcoa. inclUdinG re1eases._ ___ , <br />from reservoir stor~ge, mllct be divided between the ditches of Distriot 67, and <br />betvreen the two States, upon soma percentace or other e.greed basis. <br /> <br />"- <br /> <br />,e) ~aaR cbl~o~tieas ae ~~y be asaumea ~i ~^'~~~~Q~ Lv JQ1~vvl <br />