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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />Forward <br /> <br />Article VIII of the Arkansas River Compact created the Arkansas River Compact <br />Administration as an interstate agency to administer the provisions of the <br />Compact. The Administration is empowered to adopt, amend and revoke by- <br />laws, rules and regulations consistent with the provisions of the Compact, <br />prescribe procedures for the administration ofthe Compact, and perform all <br />functions required to implement the Compact and to do all things necessary, <br />proper or convenient toward that end, <br /> <br />The Administration's By-laws, as readopted December 9, 1997, established an <br />Operations Committee, See Appendix 1. Article V 3, (c) of the By-laws states: <br /> <br />The Operations Committee shall advise the Administration <br />concerning, and shall have direct supervision over, rules and <br />regulations governing the storage and releases of water from John <br />Martin Reservoir and over such other Arkansas River interstate <br />administration and operation between the States of Colorado and <br />Kansas as come within the purview of the Arkansas River <br />Compact, subject at all times to the provisions of such compact and <br />the directives of the Administration thereunder. , , , The Operations <br />Committee shall also be responsible, under directives and orders of <br />the Administration, for supervision over the employees of the <br />Administration engaged in the interstate administration of the <br />waters of the Arkansas River pursuant to the Arkansas River <br />Compact. [emphasis added] <br /> <br />Article II of the By-laws establishes the positions of Operations Secretary and <br />Assistant Operations Secretary as elected officers of the Administration, in <br />addition to descnbing the duties of each office, Paragraph 6 (b) of Article II <br />provides that the Operations Secretary's duties shall include regulating the gates <br />of John Martin Reservoir "in accordance with [the] Compact and any operating <br />plans or procedures adopted thereunder," Additionally, it specifies that reports of <br />the Operations Secretary shall be presented to the Operations Committee, <br />Paragraph 7 of Article II provides that the Assistant Operations Secretary's duties <br />shall include assisting the Operations Secretary, <br /> <br />The responsibility ofthe Operations Committee for the supervision of the <br />Operations Secretary and the Assistant Operations Secretary is not addressed in <br />the By-laws, although it may have been the intent of the Administration that they <br />operate under the supervision of the Operations Committee. Rule 2 of the Rules <br />and Regulations of Arkansas River Compact Administration, effective April 15, <br />1950 (see Appendix 2) provides that "[the Administration hereby delegates to the <br />Secretary of the Administration [an officer of the Administration who was <br />delegated essentially the same duties as those described in the current By-laws for <br /> <br />- I - <br />