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<br />112 <br /> <br />Q.ccording to Stone, could be I;orl<ed into the Upper Colorado River Basin Compact. <br /> <br />It \fas eventually incorporated as a part of the compact. Its \fording <br /> <br />was almost directly taken from the Republican River CompQ.ct, which \fas signed <br /> <br />to divide the "aters of the Republican River. As this compQ.ct was signed in <br /> <br />1942 bet"een Colorado, Nebrasl<a, and Kansas, Stone \fas familiar I,ith it and <br /> <br />frequently cited sections of it in Meeting FivG to ~ive the UCRBCC a ~uiGe as <br /> <br />to 11m, problcms similQ.r to tl10se currently fQ.cing tile Commission \fere worlwd <br /> <br />out and their solutions actually incorporated into an existing interstate com- <br /> <br />pact. <br /> <br />As to the issue of compensation for lost taxes, the Upper Basin compact <br /> <br />states that if: <br /> <br />property is acquired by a signatory state in another <br />signatory state for the use and benefit of the former, <br />the users of water made available by such facilities <br />...shall pay to tile political SUbdivisions of the state <br />in "hich such worl<s are loca ted, each and every year <br />during which such rights are enjoyed for such purposes, <br />a sum of money equivalent to the aver:age annual amount <br />of taxes levied and assessed against the land and im- <br />provements theron during the ten years preceding the <br />acquisition of such land.139 <br /> <br />Obviously, the Commission heeded Stone's advice to follow the Republican River <br />Compact's example on this issue, as it was copied almost verbatum from its text.140 <br /> <br />The Colorado delegation also raised a question in Meeting Five regarding <br /> <br />whether or not the power of eminent domain could be exercised in one state to <br /> <br />obtain property for use in a project solely for the benefit of another state.141 <br /> <br />Breitenstein pointed out a Republican River Compact provision relating to this <br /> <br />question, which in effect states that a lO\ler state can acquire land and rights <br /> <br />to construct reservoirs or diversion worl,s in an upper state for the 101,er state's <br /> <br />benefi t. The UCRBCC dealt \fi th this issue similarly, incorporating the fOllm,ing <br />