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- ------- D. Release into the Accounts- (1) When conservation storage is being released into the accounts according to the provisions of Subsections II A or II B herein, it shall be released at the total rate of 1,000 cfs: However, when conservation storage exceeds 20,000 acre-leet, it shall be released at the total rate of 1,250 cfs. (2) Releases of conservation storage shall be into accounts and said releases shall be apportioned 60 percent for the ac- counts of the Colorado Water District frI ditches and 40 percent for the Kansas account. (3) The releases for the Colorado Water District frI ditches shall be distributed into individual accounts according to the following perc~tages: ... . Fort Bent.........:.............................. 9.90 percent Keesee. . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. 2.30 percent Anuty ........:..................................49.50 perceut Lamar...................... ................. ....19.80 percent Hyde ............................................ 1.30 percent Manvel .................................................. 2.40 X-V & Graham .................................. 5.IOpercent Buffalo ........... .......... ..................... 8.50percent Sisson-Stubbs .................................... 1.20 percent E. Releases Out of Accounts- (1) Kansas and the various Colorado ditches may demand the release of water contained in their respective accounts, in- cluding tbose established in Section III herein, at any time at whatever rates they desire. (2) Releases of water from the accounts, including those established in Section III herein, may be made Simultaneously with releases from conservation storage into the accounts. However, such simultaneous releases cannot create deficits in those accounts. (3) All such releases of account water. from John Martin Reservoir to Colorado water users are subject to transit losses between John Martin Dam and the point of diversion from the Arkansas River, as determined by the Colorado Division Engineer, and the transit losses shall be borne by such releases. (4) Releases of Kansas account water shall be measured at the Stateline as provided in Compact Article V E (3) allowing appropriate arrival times. If transit losses occur, those losses shall be determined by the Colorado Division Engineer and a representative of the Kansas Division of Water Resources and shall be replenished from the Kansas transit loss account. In the event that such losses at the end of the delivery are greater than the total in the Kansas transit loss account, then the deficit shall be made up from the next available transfers of other water under Subsection III D. (5) The water users and the responsible officials of both Colorado and Kansas shall do their utmost to achieve maximum beneficial use including calling for deliveries of Kansas account water during rea!;Qnable and favorable river conditions. When transit losses are deemed by the Colorado Division engineer to be excessive, he shall so advise the receiving entity. Conversely, when river conditions are favorable for a delivery to Kansas, he .-42- - T- I I I - - - - - - - - - sball so advise the Kansas Water Commissioner. F. Evaporation charges shall be made against water stored in the accounts, including those established in Section III, herein, and tbe Kansas transit loss accO\mt. using formulas and procedures approved by the Colorado Division Engineer and a representative of the Kansas Division of Water Resources and using, when available, pan evaporation data provided by the Corps of Engineers. The evaporation charges shall be prorated amongst conservation storage and the accounts according to the amoWlts in them. G. In the event that runoff conditions occur in the Arkansas River hasin upstream from J~l1nMartinIl,<!s!'rvo.ir thaLcause water fospill"physicallY over the project's spillway, then water stored in the accomits granted in Section III shall spill before the accounts granted in Section II, both of which shall spill before conservation pool water. The amount 01 spill from the accounts shall he prorated amongst them according to the amounts in them at the beginning of spill. During times of spill, the permanent pool shall occupy flood control space as provided in the Administration's Resolution of August 14, 1976, and Public Law 89-298. Ill. Other Water for Regulation by John Martin Reservoir: A. The Amity may store such water as it could otherwise divert from the Arkansas River for storage in the Great Plains Reservoir system in its account granted in Section II, herein. This water will be in addition to water released into the Amity account Wlder Section n, herein. B. An account for the Fort Lyon Canal is hereby granted in John Martin Reservoir for agricultural purposes only. The Fort Lyon Canal may deliver water. into said ~ccount lU1der an approved Pueblo winter storage plan subject to the limitations that total quantity in the account at any time cannot exceed 20,000 acre- feet and that the delivery cannot include water that otherwise would have accumulated in conservation storage. The Fort Lyon may use water in this accolU1t for exchange with existing priorities. However, this account shall not be used in any manner to increase the permanent recreation pool, either by exchange, transfer, change of use, or otherwise. In the event that water accumulated in this account has not been completeiy released by the end 01 the compact year, then that water shall become conservation storage controlled by Subsection II A, herein. C. An account for the Las Animas Consolidated Canal Company is hereby granted in John Martin Reservoir for agricultural purposes only. The Las Animas Consolidated Canal Company may deliver water into said account under an approved Pueblo winter storage plan subject to lhe limitations that total quantity in the account at any time cannot exceed 5,000 acre.feet and that the delivery cannot include water that otherwise would have accwnulated in conservation storage. The Las Animas Consolidated may use water in this account for exchange with existing priorities. However, this accOlwt shall not be used in any manner to increase the permanent recreation pool, either by exchange, transfer, change of use, or otherwise. In the event -43-