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<br />Speaking Points <br />South Platte River Compact <br />Governor's South Platte Task Force <br />Sarah A. Klahn, Esq. <br />July 16,2007 <br /> <br />1. What is the SPR Compact? <br /> <br />a. You've been given a copy. <br /> <br />b. Entered between Nebraska and Colorado in 1923 to apportion the river between the <br />states. <br /> <br />c. It was also the settlement of a lawsuit brought in 1916 by Nebraska irrigators against <br />Colorado irrigators demanding recognition of senior rights in Nebraska. <br /> <br />d. Though this was nominally a suit by the Western Ditch in Nebraska, it was financed by <br />the State of Nebraska to make a grab for waters of the river. <br /> <br />2. How does the SPR Compact operate? <br /> <br />a. This is what is important to District 64 users. <br /> <br />b. States that from 4/1 to 10/15 Colorado must curtail uses in District 64 only which are <br />junior to June 14, 1897, to make 120 cfs available at the state line. Art. IV.2. <br /> <br />c. \Vhile the Compact recognizes that climate irregularities can cause "fluctuations" in river <br />flow, deficiencies can't be caused by failure to administer water rights. Art. IV.5. <br /> <br />d. Also allows for Nebraska to build the Perkins County Canal to divert from Colorado in <br />the very lowest reach of District 64 near Ovid for use in Nebraska. <br /> <br />e. Compact was negotiated princip<;lily by DelphCarpenter and approved by Colorado and <br />Nebraska legislatures and Congress. <br /> <br />3. Why did the Colorado agree to put the onus on District 64 users to supplv water for <br />the state line and the Perkins County Canal? <br /> <br />a. There is one reason: The negotiators believed that there would always be sufficient flow <br />at the state line because of return flows from upstream irrigation ditches and reservoirs. <br /> <br />b. Carpenter reported to the governor and legislature in 1925 regarding the changed <br />conditions on the river from the headwaters to the state line and that they would supply <br />water to Nebraska, pp. 9-10 <br /> <br />c. He assured them: "The increase in flow at the state line will ultimately remove all <br />necessity for regulation." Page 20. <br />