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<br />---~~\" <br /> <br />~- - <br />.. , ~W272'''''' _----~, _C,_MOHLER-.-BECRJ:TlLRY----- <br />~ DIVISION or WA~E-"-~~~S_~/~\~--_u :?4~,. TOPEKA" KANBAS <br />~---OEOcSCKNAPP. Chi.! Engin..r ~j? *B 4" ~\ . <br />SOB N.... Engl.nd Building ;;; ~ "?,... 'if ?J, <br />, "" ";. n ,,>. N Ila 24 194.3 <br />('~1 ::-- 0"'''' ~ ~ ~ y. <br />;jIIIIo ~ ~ ~ <br />..-: C1;.A'\ ~ <br />~ ~QZ;._"';' <&> <br />76' '..,. ~ <br />~<'9Sv~~" <br /> <br />KANSAS STATE BOARD OF AGRICULTURE <br /> <br />~ <br /><l\ <br />~ <br />~ <br /> <br />Mr. M. C. HinderUder, <br />state Engineer, <br />Denver, Colorado. <br /> <br /> <br />Dear Mr. Binderlider: <br /> <br />I would have replied earlier to your letter of Ilay 17 had it not been <br />necessary for me to be out of' the office the 'latter part of laBt week. <br /> <br />b to the figures in the ts.bulation sent with your letter, I rind ray- <br />Belt: unable to check your item, "Additional upstream diversions in Colorado <br />6,848", for the period May 1 to 12, 1943. I have not attempted yet to check <br />5IJ.y of the other fi.gures. ,- - . <br /> <br />t <br /> <br />In calculating diverllions above CaddoaReservoir in excess of the <br />"status quo" of priorities, I have assumedtbat it: the Keesee was diverting itsu <br />priority dated prior to 1884, the :Ft. Bent its priority of ~886, the Lamar its <br />priorities d01lIl to and including that of November 1886, and the Amity its pti- <br />ority of Feb. 21, 1.887, then 4l2.61 c.f.s. must be cOllling into District 67 (the <br />location of the Caddoa Reservoir) to satisfy these decrees before prioriti.ell <br />above with dates subsequent to Feb. 21, 1.887, should be allowed to divert water. <br />From Ilay 1 to 12, inclusive, the ditches in Districts 14 and 17 apparently di- <br />verted 15,218 acre feet of water under priorities subsequent to Feb. 21, 1887, <br />while the flow into the river never was suf!'icient to meet the Amity's priority <br />of the above date. Tbe result is that the Kessee, Ft. Bent, Lemar and Amity <br />received /DOst of their water from the reservoir in exchange for the increased or <br />out-of-priority diversions above. Tbe net amount of water diverted by such <br />process of exchange appears to be ~3,195 acre feet as set forth in detail in the <br />tabulation attached to this letter; - <br /> <br />My purpose in 1IritiIlg you at this time is to point out that under the <br />provisions 01' the Caddoa Dam stipulation "all exchanges of water between the <br />Colorsdo Ditches whose beadgates are below said reservoir and those whose bead- <br />gates are above said reservoir shall be con!'ined and limited to, and supplied <br />from Colorado's portion 01' the surplus waters stored in such reservoir", also <br />that such surplus "shall be allocated one-half to Colorado end one-half to Kansas". <br /> <br />I doubt the propriety of assuming that there will be a surplus, .and pro- <br />ceeding to permit the exchange of reservoir _ter for increased diverSions above <br />when the water officials of the two states have not determined or "mutually agreed <br />upon" the amount of the sUrplus, if' any. Apparently, for the f'irst ~ days of' &;y . <br />Colorado's upstream diversions out of the surplus account alllounted to a UtUe <br />better than 1,000 acre feet a day. While the :Ft. Lyon and ot.lte_rs_-above-were-closed--- <br />down, as you directed whenw!" were at Lamar, -andtheuiii-flow into the reservoir <br />roseprolllptly,-yet tl1e Arkansas Valley Daily River and Ditch Report shows that the <br /> <br />n. DJ...i.ioZl of W.t.,. R..o_e.. 0..1. with Irriqation. Drainage, Flood ContTol and R.I.t_d <br /> <br />...._."~__.< ''-. "'___,_...d'~" n_.' ..,....._,._ .r .,.. ......... '!':'~_. ~___ ,., 'V___,. <br />