Laserfiche WebLink
<br />- <br /> <br />- <br /> <br />- <br /> <br />- <br /> <br />- <br /> <br />- <br /> <br />- <br /> <br />- <br /> <br />- <br /> <br />B. This compact is not concerned with the rights, if any, <br />of the state of New Mexico or its citizens in and to the use in <br />New Mexico of waters of Trinchera creek or other tributaries of the <br />Purgatoire river, a tributary of the Arkansas river. <br /> <br />C. (I) John Martin dam will be operated by the corps of <br />engineers to store and release the waters of the Arkansas river in <br />and from John Martin reservoir for its authorized purposes. <br /> <br />(2) The bottom of the flood control storage is presently <br />fixed by the chief of engineers, U. S. Army, at elevation 3,851 <br />feet above mean sea level. . The flood .control storage will be operated <br />for flood control purposes and to those ends will impound or regulate <br />the streamflow volumes that are in excess of the then available <br />storage capacity of the conservation pool. Releases from the flood <br />control storage may be made at tlmes and rates determined by the <br />corps of engineers to be necessary or advisable without regard to <br />ditch diversion capacities or requirements in either or both states. <br /> <br />(3) The conservation pool will be operated for the benefit <br />of water users in Colorado and Kansas, both upstream and downstream <br />from John Martin dam, as provided in this compact. The maintenance <br />of John Martin dam and appurtenance works may at times require the <br />corps of engineers to release waters then impounded.in th: conserva- <br />tion pool or to prohibit the storage of water there1~ uot1l such <br />maintenance work is completed. Flood control operatlon may also <br />involve temporary utilization of conservation storage. <br /> <br />D. This compact is not intended to impede or prevent future <br />beneficial development of the Arkansas river basin in Colorado and <br />Kansas by federal or state agencies, by private enterprise, or by <br />combinations thereof, which may involve construction of dams, <br />reservoirs and other works for the purposes of water utilization and <br />control as well as the improved or prOlonged functioning of existing <br />works: 'Provided, that the waters of the Arkansas river, as defined <br />in article III, shall not be materially depleted in usable quantity <br />or availability for use to the water users in Colorado and.Kansas <br />under this compact by such future development or construct10n. <br /> <br />ART! CLE V <br /> <br />Colorado and Kansas hereby agree upon the following basis of <br />apportionment of the waters of the Arkansas river: <br />A. Winter storage in John Martin reservoir shall commence on <br />November 1st of each year and continue to and include the next suc- <br />ceeding March 31st. During said period all water entering said <br />reservoir up to the limit of the then available conservation capacity <br />shall be stored: Provided, that Colorado may demand releases of <br />water equivalent to the river flow, but such releases shall not <br />exceed 100 c.f.s. (cubic feet per second) and water so released shall <br />be used without. avoidable waste. <br />B. Summer storage in John Martin reservoir shall commence on <br />April 1st of each year and continue to and include the next succe- <br />eding October 31st. During said per~od~ ~xcept when.Colo~ado water <br />users are operating under decreed pr1orlt1es as prov1ded 1n para- <br />graphs F and G of this article, all water entering said reservoir <br />1-143 <br /> <br />- <br /> <br />- <br /> <br />- <br /> <br />- <br /> <br />- <br /> <br />- <br /> <br />- <br /> <br />- <br /> <br />- <br /> <br />- <br /> <br />up to the limit of the then available conservation capacity shall be <br />stored: Provided, that Colorado may demand releases of water <br />equivalent to the river flow up to 500 c.f.s., and Kansas may demand <br />releases of water equivalent to that portion of the river flow <br />b~tween 500 c.f.s. and 750 c.f.s., irrespective of releases demanded <br />by Colorado. <br /> <br />C. Releases of water stored pursuant to the provisions of <br />paragraphs A and B of this article shall be made upon d~ands ~y <br />Colorado and Kansas concurrently or separately at any tlme dUf1ng <br />the summer storage period. Unless increases to meet extraordinary <br />candttions. are- authorized by - the-..administration, separate r-eleases <br />of stored water to Colorado shall not exceed 750 c. f .5., separate <br />releases of stored water to Kansas shall not exceed 500 c.f.s., and <br />concurrent releases of stored water shall not exceed a total of <br />1250 c.f.s.: Provided, that when water stored in the conservation <br />pool is reduced to a quantity less than 20,000 acre-feet, separate <br />releases of stored water to Colorado shall not exceed 600 c.f.s., <br />and separate releases of stored water to Kansas shall not exceed <br />400 c.f.s., and concurrent releases of stored water shall not exceed <br />1,000 c.f.s. <br /> <br />O. Releases authorized by paragraphs A, B, and C of this article, <br />except when all Colorado water users are operating under. decree <br />priorities as provided in paragraphs F and G of this artlcle, shall <br />not impose any callan Colorado water users that divert waters of <br />the Arkansas river upstream from John Martin dam. <br /> <br />E. (1) Releases of stored water and releases of river flow may <br />be made simultaneously upon the dewands of either or both states. <br /> <br />(2) Water released upon concurrent or separate demands shall <br />be applied promptly to beneficial use unless storage thereof down- <br />stream is authorized by the administration. <br /> <br />(3) Releases of river flow and of stored water to Colorad~ <br />shall be measured by gauging stations:locat~d at or near John.Ma~t1n <br />dam and the releases to which Kansas 1S ent1tled shall be satlsf1ed <br />by an equivalent in state line flow. <br /> <br />(4) When water is released from John Martin reservoir appro- <br />priate allowances as determined by the administration sh~ll be made <br />for the intervals of time required for such water to arrlve at the <br />points of diversion in Colorado and at the state line. <br /> <br />(5) There shall be no allowance or accumulation of credits <br />or debits for or against either state. <br /> <br />(6) Storage, releases from storage and releases of river <br />flow authorized in this article shall be accomplished pursuant to <br />procedures prescribed by the administration under the provisions <br />of article VIII. <br /> <br />F. In the event the administration finds that within a period <br />of fourteen days the water in the conservation pool will be or is <br />liable to be exhausted, the administration shall forthwith notify <br />the state engineer of Colorado, or his duly authorized representative, <br />that cOn1llencing upon a day certain within said fourteen day period, <br /> <br />1-144 <br />