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<br />.. <br />. <br />. <br />. <br />. <br />. <br />'. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />.' <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br /> <br />IV. INSTITUTIONAL CONSTRAINTS ON WATER SUPPLY <br /> <br />A. Arkansas River ComDact <br /> <br />Prior to the construction of John Martin Reservoir and the adoption of the Arkansas River <br />Compact in 1949 (the "Compact''), Colo. Rev. Stat. Section 37-69-101, all water rights on the Arkansas <br />River and most of its tributaries were administered in a unifIed priority system. Under this method of <br />administration, ditches in Water District No. 67 could callout junior upstream priorities. The adoption of <br />the Compact allocated Conservation Storage in John Martin Reservoir between Colorado Water District <br />No. 67 and Kansas, and, in turn placed limitations on the ability of water rights in Water District No. 67 <br />(below John Martin Reservoir) to place calls against upstream junior priorities. <br /> <br />The apportionment contained in Article V of the Compact divides the year into a winter storage <br />season, November 1 through March 31, and a summer storage season, April 1 through October 31. <br />During the winter storage season, all inflow to John Martin Reservoir is stored. Colorado water users in <br />Water District No. 67 may demand releases of water equivalent to the river flow into John Martin <br />Reservoir, but not to exceed 100 c.f.s. During the summer storage season, all inflow to John Martin <br />Reservoir is also stored, except at times when Colorado water users are operating under decreed priorities. <br />During the summer storage season, Colorado water users may demand releases of water equivalent to river <br />flow entering John Martin Reservoir up to 500 c.f.s., and Kansas may demand releases of water equivalent <br />to that portion of river flow entering John Martin Reservoir between 500 c.f.s. and 750 c.f.s. The water <br />stored in John Martin Reservoir under Article V of the Compact is referred to as "Conservation Storage." <br /> <br />Releases from the reservoir of water held in Conservation Storage may be made on the demand <br />of Colorado and/or Kansas at any time during the summer storage season subject to limitations on rates <br />of release contained in the Compact. The releases to Colorado are measured at John Martin Dam and the <br />releases to Kansas are measured in the Arkansas River at the Colorado-Kansas state line. Releases of <br />water attributable to river flows, and of water from Conservation Storage, do not impose any call on <br />Colorado water users who divert water from the Arkansas River or its tributaries upstream ofJohn Martin <br />Dam except when Colorado is operating under decreed priorities. <br /> <br />Once Conservation Storage is exhausted, Colorado administers the decreed water rights in District <br />No. 67 as against each other and as against decreed water rights diverting upstream from John Martin Dam <br />on the basis of relative priorities. This priority administration continues until such time as the Arkansas River <br />Compact Administration (the "Administration") makes a fmding that water is once again available in <br />Conservation Storage for release under the Compact. At that point, Colorado water users in Water <br />DistrictNo. 67 may no longer place a call against Colorado water users diverting above John Martin Dam. <br /> <br />B. 1980 Operating Plan <br /> <br />Under the Compact, there is no allocation of the volume of Conservation Storage between the <br />states: only the right to call for a rate of flow and, therefore, historically a call for water by one state <br /> <br />Page 12 of 66 <br />