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SarahKlahnSpeakingPointsSPCompact
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Last modified
1/26/2010 4:17:40 PM
Creation date
10/8/2007 10:27:51 AM
Metadata
Fields
Template:
Water Supply Protection
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
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<br />SOUTH PLATTE RIVER COMPACT <br /> <br />S 37-65-101 <br /> <br />6. Nebraska shall have the right to regulate diversions of water by said <br />canal for the purposes of protecting other diversions from the South Platte <br />River within Nebraska and of avoiding violations of the provisions of Article IV; <br />but Colorado reserves the right at all times to regulate and comrol the <br />diversions by said canal to the extent necessary for the protection of all <br />appropriations and diversions \vithin Colorado or necessary to maintain the <br />[low at the Interstate Stations as provided by Article IV of this compact. <br /> <br />Article VII <br />Nebraska agrees that comp!iance by Colorado with the provlslOns of this <br />compact and the delivery of water in accordance with its terms shall relieve <br />Colorado from any further or additional demand or claim by Nebraska upon <br />the ,vaters of the SoLLth Platte River within Colorado. <br /> <br />Article VIII , <br /> <br />Whenever any official of either State is designated herein to perform any duty <br />under this compact, such designation shall be interpreted to include the state <br />official or officials upon whom the duties now performed by such official may <br />hereafter devolve, and it shall be the duty of the officials of the State of <br />Colorado charged ....vith the duty of the distribution of the ,vaters of the SOUIh <br />Platte River for irrigation purposes, to make deliveries of water at the Interstate <br />Scalion in compliance with this compact without necessity of enactment of <br />special statutes for such purposes by the General Assembly of the State of <br />Colorado, <br /> <br />Article IX <br />The physicaL and other conditions peculiar to the South Platte River and [0 <br />the territory ell-ained and served thereby constitute the basis for this compact <br />and neither of the signatory States hereby concedes the establishment of any <br />general principle or p,-ececlenr with respect to other interstate streams, <br /> <br />Article X <br />This compact may be modified or terminated at any time by mutuaL conserlt <br />of the signatoly' States, but. if so terminated and Nebraska or its citizens shall <br />seek to enforce any claims of vested rights in the waters of the South Piatte <br />River, the statutes of limitation shall not run in Eavol- of Colorado or its citizens <br />with reference to claims of the Western Irrigation District to the .....,'ater of the <br />South Platte River from the sixteenth dClY of ApriL 1916, and as to all other <br />p cesent claims from the date of the approval of this compact to the date of such <br />terrnination, and the Stat~ of Colorado and its citizens who may be made <br />defendants in any action brought for SLlch Pell-pose shall not be perrnitted to <br />plead tile statutes of I imitation for such period of rirne. <br /> <br />Article XI <br />This compaCl shall become operative "lihen approvecl by the Legislature of <br />each of r.he signatory States and by the Congress of the United Swtes. Notice <br />of approval by the Legislature shall be given by the Govt:rl1or of each State to <br />the Governor of the other State and to the President of che United States, and <br />803 <br /> <br />'~~-~tun.........-..."",",,---~~~...~--- <br /> <br />~- .-..,---=:':....-:...--l-.........--..--.----...-~,.~~~..~~;.:~~"""""""~~~~HlJJli <br />
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