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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unless a change of conditions justifies cancellation or modification
of such notice, Colorado shall administer the decreed rights of
water users in Colorado water district 67 as against each other and
as against all rights now or hereafter decreed to water users divert-
ing upstream from John Martin dam on the basis of relative prior-
ities in the same manner in which their respective priority rights
were administered by Colorado before John Martin reservoir began to
operate and as though John Martin dam had not been constructed.
Such priority administration by Colorado shall be continued until
the administration finds that water is again available in the
conservation pool for release as provided in this compact, and timely
notice of .such finding shall be given by the administration to the
state., eog.ineer of Co 1 o~adO-, or., hi s -.du 1 y.. authori.z-ed.. represent'at~-Ye;
provided, that except as controlled by the operation of the preceding
provisions of this paragraph and other applicable provisions of
this compact, when there is water in the conservation pool the
water users upstream' from John Martin reservoir shall not be affected
by the decrees to the ditches in Colorado water district 67. Except
when administration in Colorado is on a priority basis the water
diversions in Colorado water district 67 shall be administered by
Colorado in accordance with distribution agreements made from time
to time between the water users in such district and filed with the
administration and with the state engineer of Colorado or, in
the absence of such agreement, upon the basis of the respective
priority decrees, as against each other, in said district.

G. During periods when Colorado reverts to administration of
decree priorities, Kansas shall not be entitled to any portion of
the river flow entering John Martin reservoir. Waters of the Arkansas
river originating in Colorado which may flow across the state line
during such periods are hereby apportioned to Kansas.

H. If the usable quantity and availability for use of the
waters of the Arkansas river to water users in Colorado water district
67 and Kansas will be thereby materially depleted or adversely
affected, (I) priority rights now decreed to the ditches of Colorado
water district 67 shall not hereafter be transferred to other water
districts in tolorado or to points of diversion or places of use
upstream from John Martin dam; and (2) the ditch diversion rights
from the Arkansas river in Colorado water district 67 and of Kansas
ditches between the state line and Garden City shall not hereafter
be increased beyond the total present rights of said ditches, without
the administration, in either case (1) or (2), making findings of
fact that no such depletion or adverse effect will result from such
proposed transfer or increase. Notice of legal proceedings for any
such proposed transfer or increase shall be given to the administration
in the manner and 'within the time provided by the laws of Colorado
or Kansas in such cases.

ARTICLE VI

A. (I) Nothing in this compact shall be construed as impairing
the jurisdiction of Kansas over the waters of the Arkansas river
that originate in Kansas and over the waters that flow from Colorado
across the state line into Kansas.

(2) Exc~pt as otherwise provided, nothing in this compact
shall be construed as supplanting the administration by Colorado of

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the rights of appropriators of waters of the Arkansas river in said
state as decreed to said appropriators by the courts of Colorado,
nor as interfering with the distribution among said appropriators
by Colorado, nor as curtailing the diversion and use for irrigation
and other beneficial purposes in Colorado of the waters of the
Arkansas ri ver.

B. Inasmuch as the Frontier canal diverts waters of the Arkansas
river in Colorado west of the state line for irrigation uses in
Kansas only, Colorado concedes to Kansas and Kansas hereby assumes
exclusive administrative control over the operation of the Frontier
canal and its headworks for such purposes, to the same extent as
though said works were located entirely within. the state of Kansas.
Water carried across the state line in Frontier canal or any other
similarly situated canal shall be considered to be part of the state
line flow.

ARTICLE Vll

A. Each state shall be subject to the terms of this compact.
Where the name of the state or the term lIstate" is used in this compact
these shall be construed to include any person or entity of any
nature whatsoever using, claiming or in any manner asserting any
right to the use of the waters of the Arkansas river under the
authority of that state.

B. This compact establishes no general principle or precedent
with respect to any other interstate stream.

C. Wherever any state or federal official agency is referred
to in this compact such reference shall apply to the comparable
official or agency succeeding to their duties and functions.

ARTICLE Vlll

A. To administer the provisions of this compact there is hereby
created an interstate agency to be known as the Arkansas river compact
administration herein designated as lithe administrationll.

B. The administration shall have power to:

(1) Adopt, amend and revoke by-laws, rules and regulations
consistent with the provisions of this compact;

(2) Prescribe procedures for the administration of this
compact: Provided, that where such procedures involve the operation
of John Martin reservoir project they shall be SUbject to the
approval of the district engineer in charge of said project;

(3) Perform all functions required to implement this
compact and to do all things necessary, proper or convenient in the
performance of its duties.

C. The membership of the administration shall consist of three
representatives from each state who shall be appointed by the res-
pective governors for a term not to exceed four years. One Colorado
representative shall be a resident of and water right owner in
water district 14 or 17, one Colorado representative shall be a

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