WSP11744

• File Number: 8111.805
• Description: Arkansas River Compact Administration - Keesee Ditch
• Basin: Arkansas
• Date: 1/1/1986
• Author: HRS Engineering
• Title: Keesee Ditch Change of Water Rights Vol 2 - Proposed Pan of Operation for Storage in John Martin Reservoir
• Water Supply Pro - Doc Type: Publication

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ARTICLE 69
Arkansas River Compact

31-69-101. Arkansas River compact.-- The general assembly hereby
ratifies the compact between the state of Colorado and the state of
Kansas designated as the "Arkansas river compact" Signed in the city
of Denver, state of Colorado, on the 14th day of December, A. D.
1948, by Henry C. Vidal. Gall L. Ireland, and Harry B. Mendenhall,
commissioners for the state of Colorado. and George S. Knapp,
Edward F. Arn, William E. Leavitt, and Roland H. Tate, commissioners
for the state of Kansas, and approved by Hans Kramer, representative
of the..United States of.Ainerica. Said cOlllpact is as foHows:

ARKANSAS RIVER COMPACT

The state of Colorado and the state of Kansas, parties signatory
to this compact (hereinafter referred to as "Colorado" and uKansas,l1
respectively, or indiVidually as a "state, II or cOllectively as the
"statesll) having resolved to conclude a compact with respect to the
waters of the Arkansas river, and being moved by considerations of
interstate comity, having appointed commissioners as follows:

Henry C. Vidal, Gall L. Ireland, and Harry B. Mendenhall, for
Colorado; and George S. Knapp, Edward F. Arn, William E. Leavitt,
and Roland H. Tate, for Kansas. and the consent of the congress of
the United States to negotiate and enter into an interstate compact
not later than January I, 1950, having been granted by Public Law 34,
79th Congress, 1st Session, and pursuant thereto the President having
deSignated Hans Kramer as the representative of the United States,
the said commissioners for Colorado and Kansas, after negotiations
participated in by the representative of the United States, have
agreed as follows:

ARTICLE I

The major purposes of this compact are to:

A. Settle existing disputes and remove causes of future con-
troversy between the states of Colorado and Kansas, and between
citizens of one and citizens of the other state, concerning the
waters of the Arkansas river and their control, conservation and
utilization for irrigation and other beneficial purposes.

B. Equitably divide and apportion between the states of Colorado
and Kansas the waters of the Arkansas river and their utilization
as well as the benefits arising from the construction, operation and
maintenance by the United States of John Martin reservoir project
for water conservation purposes.

ARTICLE II

The provisions of this compact are based on (1) the physical and
other conditions peculiar to the Arkansas river and its natural
drainage basin, and the nature and location of irrigation and other
developments and facilities in connection therewith. (2) the opinion
of the United States supreme court entered December 6, 1943, In
the case of Colorado v. Kansas (320 U. S. 383) concerning the relative

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rights of the respective states In and to the use of waters of the
Arkansas river. and (3) the experience derived under various interim
executive agreements between the two states apportioning the waters
released from the John Martin reservoir as operated by the corps of
engineers.

ARTICLE III

As used in this compact:

A. Theword "stateline" means the geographical boundary line
between Colorado and Kansas.

B. The term lIwaters of the Arkansas river" means the waters
originating in the natural drainage basin of the Arkansas river,
including its tributaries, upstream from the stateline, and excluding
waters brought into the Arkansas river basin from other river basins.

C. The term "statel ine flow" means the flow of waters of the
Arkansas river as determined by gauging stations located at or near
the stateline. The flow as determined by such stations, whether
located in Colorado Or Kansas, shall be deemed to be the actual
stateline flow.

D. "John Martin reservoir project" is the official name of the
faCility formerly known as Caddoa reservoir project, authorized by
the Flood Control Act of 1936, as amended, for construction,
operation and maintenance by the war department, corps of engineers,
later designated at the corps of engineers, department of the anmy,
and herein referred to as the IIcorps of engineers.1I uJohn Martin
reservoir" is the water storage space created by "John Martin dam".

E. The "flood control storage" Is that portion of the total
storage space in John Martin reservoir allocated to flood control
purposes.

F. The uconservation pool" is that portion of the total storage
space in John Martin reservoir lying below the flood control s~orage.

G. The "ditches of Colorado water district 61" are those
ditches and canals which divert water from the Arkansas river or its
tributaries downstream from John ~lartin dam for irrigation use in
Colorado.

H. The term "river flow" means the sum of the flows of the
Arkansas and the PurgatOire rivers into John Martin reservoir as
determined by gauging stations appropriately located above said
reservoir.

I. Th"e term lithe administrationl' means the Arkansas river
compact administration established under article VIII.

ARTICLE IV

Both states recognize that:

A. This compact deals only with the waters of the Arkansas
river as defined In article III.

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