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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resident of and water right owner in water district 67, and one
Colorado representative shall be the director of the Colorado water
conservation board. Two Kansas representatives shall be residents.
of and water right. owners in the counties of Finey, Kearny or
Hamilton, and one Kansas representative shall be the chief state
official charged with the administration of water rights in Kansas.
The President of the United States is hereby requested to designate
a representative of the United States, and if a representative is
so designated he shall be an ex officio member and act as chairman
of the administration without vote.
O. The state representatives shall be appointed by the respective
go.vernors within thirty. days after the effective.date of this compact.
The administration shall meet and organize within sixty days after
such effective date. A quorum for any meeting shall consist of four
members of the administration: Provided, that at least two members
are present from each state. Each state shall have but one vote ~n
the administration and every decision, authorization or other act10n
shall require unanimous vote. In ca~e.of a ~ivided vote,o~ any.
matter within the purview of the adm1n1strat1on. the adm1n1~trat~on
may, by subsequent unanimous vote, refer the matter for,arb1trat10n
to the representative of the United States or other arb1trat~r
or arbitrators, in which event the decision made by such arb1trator
or arbitrators shall be binding upon the administration.
E. (I) The salaries, if any, and the personal expenses of
each member shall be paid by the government which he represents.
All other expenses incident to the administration of this compact
which are not paid by the United States shall be borne by the states
on the basis of 60 per cent by Colorado and 40 per cent by Kansas.
(2) In each even numbered year the administration shall .
adopt and transmit to the governor of each state its budget cover1ng
anticipated expenses for the forthcoming biennium and the amount
thereof payable by each state. Each state shall appropriate and
pay the amount due by it to the administration.
(3) The administration shall keep accurate accounts of all
receipts and disbursements and shall include a statement thereof,
together with a certificate of audit by a certified pub~ic account-
ant, in its annual report. Each state shall have t~e.r1ght.to make
an examination and audit of the accounts of the adm1n1stratlon at
any time.
F. Each state shall provide such available facilities, equip~ent
and other assistance as the administration may need to carry out 1ts
duties. To supplement such available assistance the administration
may employ engineering, legal, clerical and other aid as in its
judgment may be necessary for the perform~nce of its fun~t~ons. .Such
employees shall be paid by and be responslble to the admlnlstratlon,
and shall not be considered to be employees of either state.
G. (I) The administration shall co-operate with the chief .
official of each state charged with the administration of water rlghts
and with federal agencies in the systematic determination and cor-
relation of the facts as to the flow and diversion of the waters of
the Arkansas river and as to the operation and siltation of John
Martin Reservoir and other related structures. The adminis-
tration shall co-operate in the procurement, interChange, compilation

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and publication of all factual data bearing upon the administration
of this compact without, in general, duplicating measuremen~s,
observations or publications made by state or federal agenc1es..
State officials shall furnish pertinent factual data to the admln-
istration upon its request. The administration shall, w~th the
collaboration of the appropriate federal and state agenc1es,
determine as may be necessary from time to ~i~e, th~ locatio~ of
gauging stations required for the pr?p:r admln1strat1on of thl~
compact and shall designate the off1cla1 records of such stat10ns
for its official use.
.(2) The di.re~.tor,U. S..geological survey, the cOlllllissiooer
of reclamation and the chief of engineers, U. S. Anmy, are hereby
requested to collaborate with the administra~ion and with appropri-
ate state officials in the systematic determlnation and corre1atlon
of data referred to in paragraph G (I) of this article and in the
execution of other duties of such officials which may be necessary
for the proper administration of this compact.
(3) If deemed necessary for the administrati~n of this,
compact the administration may require the 1nsta11at10n and ma1n-
tenance: at the expense of water users, ~f measu~ing ~evices of
approved type in any ditch or group of d1tches d1~ertlng.w~ter from
the Arkansas river in Colorado or Kansas. The chlef off1cla1 of
each state charged with the administration of water rights shall
supervise the execution of the administration's requirements for such
installations.
H. Violation of any of the provisions of this c~mpact or other
actions prejudicial thereto which.come ~o the att~ntlon of the
administration shall be promptly 1nvest1gated by 1t. When deemed
advisable as the result of such investigation, the administration
may report its findings and recommendations to the state official
who is Charged with the administration of water rights for appro-
priate action, it being the intent of this compact that enforcement
of its terms shall be accomplished in general through the state
agencies and officials charged with the administration of water
rights.
J. Findings of fact made by the administratio~ shall not be
conclusive in any court or before any agency or trlbunal but shall
constitute prima facie evidence of the facts found.

J.
of the
within

The administration shall report annually to the governors
states and to the President of the United States as to matters
its purview.

ARTICLE IX

A. This compact shall become effective when ratified by the
legislature of each state and when consented to by the congress of
the United States by legislation providing substantially, among
other things, as follows:

Nothing contained in this act or in the compact herein consented
to shall be construed as impairing or affecting the sovereignty of
the United States or any of its rights or jurisdiction in and o~er
the area or waters which are the SUbject of such compact: Prov1ded,

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