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1.3.1 South Platte River Compact of 1923 <br />This Compact establishes Colorado and Nebraska's rights to use water from the South Platte <br />River. Colorado has the right to fully use water from the South Platte River between October <br />15th and April 1st every year. During the rest of the year, if the mean daily flow of the South <br />Platte River at Julesburg Colorado drops below 120 cubic feet per second (cfs) and water is <br />needed for beneficial use in Nebraska, diversion by water rights in Colorado between the western <br />boundary of Washington County and the State line (the "Lower Section") with priorities junior to <br />June 14, 1897 shall be curtailed (Colorado Revised Statutes 1990). <br />1.3.2 North Platte River Basin Decrees <br />The decree in Nebraska v. Wyoming [325 U.S. 665 (1945) and 345 U.S. 981 (1953)] equitably <br />apportion water in the North Platte River among Colorado, Nebraska, and Wyoming. In <br />Colorado, these decrees limit: <br />1. Total irrigation in Jackson County to 145,000 acres <br />2. Storage for irrigation during any one irrigation season to 17,000 acre-feet <br />Total water exports from the North Platte River in Colorado to no more than 60,000 acre- <br />feetper year on average during any 10-year period <br />The 1957 Substitute Decree in Wyoming v. Colorado [353 U.S. 953 (1957)] permits Colorado to <br />divert from the Laramie River and its tributaries 49,375 acre-feet per year. The decree does not <br />prejudice the right of either State to exercise the use of the waters of Sand Creek. This decree <br />was a major departure from the original 1922 decree, and stipulated the following provisions: <br />No more than 19,875 acre-feet per year may be diverted by Colorado for use outside the <br />Laramie River basin <br />2. No more than 29,500 acre-feet per year may be diverted by Colorado for use within the <br />basin, of which not more than 1,800 acre-feet can be diverted after July 31st of each year <br />3. Any portion of the 19,875 acre-feet per year not diverted by Colorado for use outside the <br />basin can be added to the 29,500 acre-feet per year permitted for use within the basin <br />4. All waters diverted by Colorado for use within the basin are restricted to irrigation use on <br />lands designated by the court at the time of the decree <br />1.3.3 Endangered Species Issues <br />One of the goals of the Endangered Species Act of 1973 is to conserve the ecosystems upon <br />which endangered and threatened species depend. The presence of threatened and endangered <br />species in the North and South Platte River basins has impacted water resources management and <br />development, because water related activities can affect the habitats that the species use. <br />p:data\gen\spdss\final report\chapter l.doc 1-6 <br />October 31, 2001 <br />