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<br />SOUTH PLATTE RIVER COZvIPACT
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<br />~ 37-65-101
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<br />water users from making reports to Nebraska officials in compliance \vith the
<br />Nebraska laws.
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<br />2. Colorado waives any objection to the delivery of \-vater for irrigation of
<br />bnds in Nebraska by the canals mentioned in paragraph one (1) of this Article.
<br />and agrees that all interests in said canals and the use of waters carried
<br />thereby, now or hereafter acquired by owners of lands in Nebraska. shall be
<br />afforded the same recognition arrd proteccion as are the imerests of similar land
<br />owners served by said canals within Colorado; provided, however, that Colora-
<br />do reserves to those in co ntroI of said canals the righl to enforce the co llection
<br />of charges or assessments, hereafter levied or made against sLlch interest of
<br />owners of the lands in Nebraska, by withholding the delivery of water until the
<br />payment of such charges or assessments: provided, however, such charges or
<br />assessments sh,'tll be the same as those levied against similar interests of owners
<br />of lands in Colorado.
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<br />3. Nebraska grants to Colorado the right to acquire by purch.ase, prescrip-
<br />tion, or the exercise of eminent domain, such rights-o f-vvay , easements or lands
<br />as may be necessary for the construction, maintenance, operation, and protec-
<br />tion of those parts of the above mentioned cartats which now or hereafter may
<br />extend imo Nebraska.
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<br />Article VI
<br />il is the desire of Nebraska to permit t[S cltlzens to cause a canal to be
<br />constructed and operated for the diversion of \,vater from the South Platte River
<br />within Colorado for irrigation of lands in Nebraska; ch.at said canal rm~y
<br />commence on the south bank of said river at a point southwesterly fcorn the
<br />town of Ovid, Colorado. and may run thence easterly through Colorado along
<br />or near the line of survey of the formerly proposed "Perkins County Canal"
<br />(sOlll,etlmes known as the" South Divide Canal H) and into Nebraska, and that
<br />said project shall be permitted to divert waters of the river as hereinaher
<br />provided. V,lith respect to such proposed canal it is agt'eed:
<br />1. Co loraclo consc'nts that i'.Zebraska and its citizen.s may h.ereafter construct,
<br />matntain, and operate such a canal and th.ereby rnay divert \vater from the
<br />South Platte River \vithin Colorado for llse in Nebr'aska. in the manner and at
<br />the time in this Article pro~'ided, and grants [0 Nebraska an.d its citizens the
<br />right to acquire by purchase, prescription, Qt- the exercise ot' eminent domain
<br />such rights-of,way, easements or lands as may be necessary for the constr-uc-
<br />tion, rnaintenance, and opermion of said canal: subject. however', to the
<br />reservations and limitations and upon the conditions expressed in. this Article
<br />which are and shall be li:nit3.tions upon and reservations and conditions
<br />running ...vith the rights and pdvileges hereby granted. ancl which shall be
<br />expressed in all permits issued by Nebraska with respect to said canal.
<br />') The net future now of tbe Lower Section of the South Platte River, which
<br />may remain after supplying aLL present and future appropriations from the
<br />Upper Section, and after sLlpplyillg ail appropriatiortS from the Lower Section
<br />perfected prior to the seventeenILl day of December, 192[, and aFler sLlP!Jlying
<br />the additio!1~~i future appmprimiorls in [he Lo\.vel^ Section for the benefit of
<br />801
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<br />'~'11.
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