SarahKlahnSpeakingPointsSPCompact

• File Number: 8420.500
• Description: South Platte River Basin Task Force
• State: CO
• Basin: South Platte
• Date: 7/16/2007
• Author: Sarah A. Klahn Esq.
• Title: Speaking Points Submitted to SPTF
• Water Supply Pro - Doc Type: Data

S 37-65-101

WATER .4.i\ID IRRIGATION

which a prior and preferred use of thiny.five thousand acre.feet of 'Nater is
reserved by subparagraph (a) of this Anicle, may be diverted by said canal
betw'een the fifteenth day of October of any year and the first day of April of the
next succeeding year subject to the following reservations, limitations and
conditions:

(a) In addition to the water now div:erted from the LO\ver Section of the river
by present perfected appropriations, Colorado hereby resen'es the Ixior, pre-
feLTed and superior right to store. use and to have in storage in readiness for
use 011 and after the first day of April in each year. an aggregate of thirty-five
thousand acre-feet of ,vater to be diverted from the flow of the river in [he
Lower Section between the fifteenth day of October of each year and the first
day of April of the next succeeding year, withom regard to the manner or time
of making: such future uses, and dive1-sions of water by said Nebraska canal
shall in no manner impair or interfere with the exercise by Colorado of the
right of future use of the warer hereby reserved.

(b) Subject at all times to the reservation made by subparagraph (a) and to
the other provisions of this Article, said proposed canal shall be entitled to
divert five hundred cubic feel of water per second of time from the now of the
river in the Lower' Sections, as of priority of appropriation of date December
17, 1921, ol1.ly between the fifteeneh day of October of any year and the first day
of April of the next succeeding year upon the express condition that the right to
so divert water is and shall be limited exclusively to said annual period and
shall not constitute the basis for any claim to water necessary to supply all
present and future appropriations in the Upper Section or present appropria.
tions in the Lower Section and those hereafter to be made therein as provided
in subparagraph (a).

}, Neither this compact nor the construction and oper-ation of such a canal
nor the diversion, carriage and applicalion of water thereby shall vest in
Nebraska, or in those in charge or comrol of said canal or in the llset.s of ',.vater
therefrorn, any prior, preferred or superior sel"vitude upon or claim or right to
the use of any water of the South Platte River in Colorado from the first day of
Aprij to the fifteenth day of October of any year or against any present or future
appropriator or use of water f1:0111 said river in Colorado during: said period of
evel')i year, and Nebraska specifically waives any such claims and agrees that
the same shall never be made or asserted. Any surplus \VatETS of the river,
which otherwise would nO\V past the Interstate Station during such period of
any year after supplying all present and future diversions by Colorado, 11"1,ay be
divened by such a canal, subject to [he other provisions and conditions of this
Article.

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4. Diversion of water bv said canal shall not diminish the flow necessarv [Q
pass the Interstate Station -to satisfy super"ior c [aims of users of water from'the
rivel- in Nebraska. '
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s. ~o appropriations of water from the South pratte RivEr- by any othet
canal \vithin Colorado shall be transferred to said canal oc be claimed .or
asserted for diversion and carriage for llse on lands in Nebraska,
302