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<br />S 37-65-101
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<br />WATER AND IRRIGATION
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<br />cubic feet of \ovater per second of time, except as limited in paragraph three (3)
<br />of this Article,
<br />3. Nebraska shall not be entitled to receive and Colorado shaI! nor be
<br />required to deliver, on any day, any pan of the flmv of the river [Q pass the
<br />Interstate Station, as provided by paragraph two (2) of this Article, not then
<br />necessary for beneficial use by those entitled to divert water from said river
<br />\vithin Nebraska.
<br />4. The flow of the dyer at the Interstate Station shall be used by Nebraska
<br />to supply the needs of present perfected rights to the use of water from the river
<br />'Nirhin said State before permitting diversions frorn the river by other claim-
<br />ants,
<br />5, [t IS recognized that v::triable climatic conditions, the regulation and
<br />administration of the stream in Colorado, and other causes, will produce
<br />diurnal and mher unavoidable variations and fluctuations in the flow of the
<br />river at the Interstate Station. and it is agreed that. in the performance of the
<br />provisions of said paragraph two (2), mino'r or compensating irregularities and
<br />fluctuations in the flow at the Interstate Station shall be permitted; but 'A'here
<br />any deficiency of the mean daily flow at the Interstate Station may have been
<br />occasioned by neglect, error or failure in the perfor'mance of duty by the
<br />Colorado \ovater officials having charge of the administration or diversions f!"Om
<br />the Lower Section of the river in that state, each sllch deficiency shall be made
<br />up, within the next succeeding period of seventy-two hours, by delivery of
<br />additional []O\\, at the Interstate Station, over and above the amount specified in
<br />paragraph two (.2) of this Article, sufficient to compensate for such deficiency.
<br />6. Reductions in diversions from the Lower Section of the river, necessary
<br />to the performance of paragraph two (2) of this Anicle by Colorado. shall not
<br />impair the rights of appropriators in Colorado (not to include the proposed
<br />Nebraska canal described in Article 'VI), whose supply has been so reduced, to
<br />demand and receive equivalent amounts of water from othel- parts of the
<br />stream in that State according to its Constitution, iaws, and the decisions of its
<br />courts.
<br />7. Subject to compliance \\'ith the provisions of this Article, Colorado shall
<br />have and enjoy the orhenvise' full and uninterrupted use and benefit of the
<br />waters of the river which hereafter may flow within the boundaries of [hat State
<br />from the first day of April La the fifteemh day of October in each year, but
<br />Nebraska shall be pen11itted to diven, under and subject to the provisions and
<br />conditions of Article VI, any surplus waters which otherwise ,vould flow past
<br />the Interstate: Stmion,
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<br />Article V
<br />[, Coloraclo shall have the ,'ight to maintain, operate, and extend, within
<br />Nebraska, the Petei-son Canal and other canals of the Juiesburg Irrigation
<br />District which no\-'/ are or may hereafter be used for the carriage of water from
<br />the SOLlth Platte River for the irrigation of lands in bOLh states, and Colorado
<br />shall continue to extiTise control and jm'isdiction of said canals ~{nd the
<br />carriage and deli,;:,:,ry of water thereby, This Anicle shall not excuse Nebraska
<br />800
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