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- ------- that water accumulated in this account has not been completely released by the end of the compact year, then that water shall become conservation storage controlled by Subsection 11 A. D. Thirty-five percent of all water deliveries to John Martin Reservoir, under Subsections III A, III B, and III C, herein, during any compact year shall be transferred into the accounts for Kansas transit losses, for Kansas. and for Colorado Water District 67 ditches at the time of delivery in the following manner: First. transfers from deliveries shall make up deficits, if. any, in the Kansas transit loss accOlmt which result from Subsection II E (4), herein, and shall then also fill the said Kansas transit loss account to the amount of 1,700 acre-feet. Then,. of . all such water deliv.ered in. excess .of . this specified amount, 11 percent of those deliveries shall be transferred to the Kansas account and 24 percent of those deliveries shall be transferred to the account of the Colorado Water District fJl ditches. Transfers into the accounts for Colorado Water District 67 ditches shall be distributed according to the percentages in Subsection II D (3), herein; except the Amity shall not share in . distributions of deliveries under Subsection III A, herein. A permanent recreation pool has been authorized by the August 14, 1976, Resolution of the Administration. For purposes of the Resolution, this permanent recreation pool shall be considered a separate account and deliveries made to it are not subject to the transfers provided in Subsection 11l D, herein. The permanent recreation pool will, however, stand its pro rata share of evaporation as provided in the administration's ResoJution of August 14, 1976. In the event of injury either to entities in Colorado or to Kansas, there shall be restitution from the first account water thereafter available from the entity receiving improper benefits. The engineering committee shall quantify such injury, subject to the approval of the Administration. Adoption of this resolution does not prejudice the ability of Kansas or of any Colorado ditch to object or to otherwise represent its interest in present or future cases or controversies before the Administration or in a court of competent jurisdiction. This agreement shall be, and continue to be, in full force and effect from and after the date of execution of this resolution until March 31, 1981, and year to year thereafter subject to the following provisions: A. Not later than November 15 of each year, the Colorado Division Engineer shall make an accounting of the operation under this resolution for the previous compact year available to the Operations Committee of the Administration and to in- terested parties. Either Colorado or Kansas, through its com- pact delegation, may then terminate this resolution on the next succeeding Marcb 31 by giving written notice to the ad- ministration by February 1 of the same compact year. . B. In the event this resolution is so terminated, then entities storing water in accounts prior to such termination may utilize such water during the next irrigation season under the provisions of this resolution. Waler not utilized by the following November 1 shall revert to conservation storage. IV. V. VI. VII. -44- - - i ( - - - - - - - VIII. This resolution supersedes in its entirety the agreement of December 12, 1978, concerning Amity-Great Plains water and the Resolution concerning an Interim Operating Plan. for John Martin Reservoir entered into on March 21, 1980. All water delivered into the accounts established under the authorities of these two resolutions shall be forwarded and credited, without deductions, to the accounts for the same entities that are established in this operating plan. Entered this 24th day of April, 1980, by special telephonic meeting. Isl Frank G. Cooley Chairman Arkansas River Compact Administration Isl Leo Idler Secretary Arkansas River Compact Administration (SEAL) -45-