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Court that was handed down in 1943, and third, on the experience derived Wlder the various interim agreements between the states for temporary operational procedures for John Martin Reservoir. Using that experience as set forth in Article IT, the Compact is based on the physical supply of the river system. what the Supreme Court has told us, and the new ability to use John Martin Reservoir. Article III sets out some definitions: it defines what the new "stateline" is; it defines what the "waters of the Arkansas River" are; and one of the key points to Article III is that the "waters of the Arkansas River" are the waters originating in the natural drainage basin of the Arkansas River, including its tributaries upstream from the stateline and excluding water brought into the Arkansas River Basin from other river basins, in effect, setting aside waters that are imported through trans-moWltain diversion. Article III also talked about the John Martin Reservoir Project and defined types of storage that would occur in John Martin Reservoir. Fast they defined what flood control storage was, and it is that portion of the total storage space allocated to flood control purposes. John Martin Reservoir operates not only as a source of supply for irrigation water, but also as a flood control project. In 1921 we had major floods in the basin, and any of those who are familiar with the Purgatoire River know how real flash floods can come down that system, as well as Fountain Creek and the rest of the rivers and streams in the Arkansas River Basin. They defined the conservation pool as that portion of total storage space in place at John Martin Reservoir lying below the flood control storage level. They recognized the ditches that were in the fonner Water District 67, as we call it, which are the ditches that lay below John Martin Reservoir and receive a direct supply from the reservoir. Theydefined the river flows into the reservoir, and they also defined the compact Administration. . Article IV is one of the key articles of the Compact. It deals with the waters of the Arkansas River, and is only concerned with the rights of the two states and excepts the waters of New Mexico that might be physically tributary to the basins. This protects the small users of water in New Mexico along Raton and Trinchera Creeks. Further, it recognized John Martin Reservoir as being operated by the Corps of Engineers and that they would operate the reservoir exclusively during flood control periods. They set the bottom of the flood control storage area. At that time the elevation was 3,851 feet and releases from flood control storage were made at times and rates determined by the Corps of Engineers and as necessary or advisable without regard to ditch diversions or capacities or requirements of either state. In other words, during flood control situations the Army Corps of Engineers operates the reservoir. Article V states that the conservation pool, which is a pool that is set aside for irrigators, is for the benefit of water users in Colorado and Kansas both upstream and downstream from John Martin Dam. Article IV -D which is a key part of the current controversy litigation is important: it states that the compact is not intended to impede or prevent future beneficial development of the Arkansas River Basin in Colorado and Kansas by Federal or State agencies, by private enterprise, or by combinations thereof, which may involve construction of dams, reservoirs and other works for the purposes of water utilization and control, as well as the improved or prolonged functioning of existing works provided that the waters of the Arkansas River as defined in Article III shall not be materially depleted for use by the water users in Colorado and Kansas under this Compact by such future development or construction, Article V sets out the operation of John Martin Reservoir at the time of the signing of the compact. Remember things changed once you built John Martin Reservoir. You had a situation where you had a free flowing stream, and basically diversion dams and irrigation. Once John Martin Reservoir was completed and the Compact was signed things changed, because we had this large bucket of water that we could use for ,serving both states, They defined winter storage as the entire amount of water that came into the reservoir between November 1 of each year and ending March 31 st of the following year, except that Colorado was allowed to bypass 100 second feet of water through for uses below John Martin. They defined swnmer storage as that storage that occurred from April 1 of each year through October 31 of each year, and that is basically the capturing of the flood flows. They also specified maximum release rates for water to flow out of the reservoir when required by users in either state. Release of the water stored pursuant to provisions regarding storage shall be made upon demands by Colorado and Kansas concurrently or separately. Sub Section C basically states that once you've captured the water and stored it, either or both states could call for that water as needed. They divided the maximum release of water 60-40, 60% of the water for Colorado, 40% for Kansas. The result, as brought out in recent testimony, was that while it was thought the reservoir would be operated so that users would call water and use it as needed and thereby conserve water, once one person started pulling water in one state everybody started pulling water, until the pool was empty. There were several Arkansas River Basin Water Forum 10 "A River of Dreams and Realities"