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}'e8I'S where everyone was pulling water as quickly as possible because there were no provisions in effect. Due to this common pool concept they ran it Wltil it was gone. That rush to evacuate the reservoir will be changed, as I will discuss later. when I describe how the present 1980 Operating Plan works. .. Article V set out rates of delivery at different times depending on the amounts of water. If there was more than 20.000 acre feet in storage they could release at a rate of 1.250 second feet; if ther~ was less. releases were cut back to 1.000 second feeL This article also prevented any call from coming upstream through the reservoir against ditches with junior water rights if there was water in the conservation pool. There were no credits or debits. as I previously mentioned. In the event that the reservoir was going to be drained, the Compact Administration must notify the State Engineer 14 days prior to the anticipated date of the reservoir being drained. Once the reservoir was drained the call was then passed through upstream. When the conservation pool was empty. Colorado operated on its priority system and Kansas was allowed to use any waters that may cross the stateline but was not entitled to demand any water. One of the other important aspects is that they didn't allow the transferring of water rights out of Water District 67 if it was going to place a burden on other users by changing the consumption. Article VI of the Compact basically sets up the jurisdiction. It states nothing in this Compact should be construed as impairing jurisdiction of Kansas over the water users of the Arkansas River that originate in Kansas. and nothing in the Compact should be construed as supplanting the administration by Colorado of the rights of appropriators of water in the Arkansas River in the state as decreed by the Colorado courts. They made provisions for the Frontier Canal which starts in Colorado and actually serves Kansas. which is to be counted as part of the stateline flow. They set forth that each state. and every water user claiming a right to use water through the state. was subject to the Compact. In Article VII a Compact Administration was set up whereby each state appoints three representatives. In Colorado there is one representative from Colorado' s Upper Basin (Districts 14 and 17, which are above the John Martin Reservoir), one representative from Water District 67 (below John Martin Reservoir), and the Director of the Water Consecvation Board who serves as the State of Colorado' s representative. Kansas has a similar situation with their appointees. Each state gets one vote. There is a federal representative that sits on the Compact Administration, currently Larry Trujillo. He chairs the Administration but has no vote. Decisions have to be made by unanimous consent of the two states. Perhaps this has become kind of dry. but let me go back over it and m try to paraphrase it a little biL We had the compact signed in 1949 that set up criteria for John Martin Reservoir. The conservation pool in John Martin Reservoir apportioned release of those waters 40 - 60. You could call the water out individually either by state or together. Everybody was taking their water out at the same time, only limited by Compact-specified rates on how fast )OU could deliver the water out of the reservoir. Once the water was out of the conservation pool then we went back to the normal priority administration of the Arkansas River in Colorado with Kansas obtaining the retwll flows that were at the stateline. In 1980 the Compact Administration, with the efforts of many others (because of drainage of the reservoir), developed a refinement to Article V -D which would allow an operating plan where they could save water until it was really needed. They could call for release of water as needed, and carry water over and utilize it a little more efficiently. Basically. the operating plan sets up an accoWlting system for the water that goes into John Martin Reservoir. It allows the ditches below John Martin Reservoir to have a pro-rata share of storage volwnes and now also allows some of the ditches above John Martin Reservoir to store some winter water in accoWlts. It provides for a transit loss accoWlt with water reserved to carry deliveries to the stateline and into Kansas. Since 1980 it has improved the operations of the reservoir quite a biL Both states agree with this and there is a continuing resolution of the Compact Administration to operate under the 1980 plan. A lot of hard work from people in the Arkansas Basin went into iL They looked for ways to become more efficient and tried to utilize the resources that we had available. ' . In summary there has been almost a hundred years oflitigation over the Arkansas River. Each era had its own type of debate and what caused controversy and litigation varied depending on the facts of the time. This is a period in which we should be moving toward mutual cooperation on the Compact, trying to look for solutions. Hopefully we can move forward toward the reduction of conflict and a better understanding on the river, to new opportunities for solutions to old Arkansas River Basin Water Forum 11 "A River of Dreams and Realities"