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Compacts, Decrees, and Treaties Affecting CO's Water
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Compacts, Decrees, and Treaties Affecting CO's Water
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Last modified
1/26/2010 4:36:53 PM
Creation date
6/1/2009 2:00:40 PM
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Template:
Water Supply Protection
File Number
8461.350
Description
Legislation
State
CO
Basin
South Platte
Water Division
1
Author
CWCB
Title
Compacts, Decrees, and Treaties Affecting CO's Water
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. , <br />SOUTH PLATTE RIVER COMPAGT <br />Aprit 27, 1923 <br />Signatory States: Colorado and Nebraska <br />Colorado Commissionet: State Engineer <br />Major Purposts: <br />1. Remove all causes of present and future controversy between the states and its citizens <br />with respect to the South Platte River (Preamble) <br />2. Promote interstate comity (Preamble) <br />Salient Provisions: <br />1. "Upper Section" means that portion of the South Platte in Colorado upstream of the west <br />boundary of Washingtoa County. (Art. I) <br />2. "Lower Section" means that porlion of the South Platte between the west boundary of <br />Washington County and the stateline. (ArL I) <br />3. "F1ow of the river" means the measured tlow at Julesbarg plus ihe int]ow below that <br />station and above the divecsion wocks of the Western Irrigation District ia NebrRSka. <br />(Ar- I) <br />4. The watecs of Lodgepole Creck are divided at a point two miles north oE the stateline. <br />Nebraska is entitled to exciusive use above the division point, and Colorado has eaclusive <br />use of a[i waters below the division poinL (ArL III) <br />5. Colorado has the right to fuii and uninterrupted use of att the waters in the "Lowec <br />Section" during the period of October 15th to April ist, except that shouid Nebraska <br />constnset the South Divide Canal with a heading near Ovid, Cotorado, then that canal wiit <br />bear an appropriation date of December 17, 1921, and Colorado shali have EuII use vf t6c <br />waters in the "Lower Section" plus 35,000 AF less the amount diverted by the South <br />Divide Canal under its appropriation date during the period October lSth to April lst. <br />(Art. N and Vn <br />6. Between April lst and October lSth Colorado shall not permit diversions from the "Lower <br />Section" by Colorado appropriators whose decrees are junior to June 14, 1897, on any day <br />when the interstate station sliows a mean Oow less than 120 cfs. (Art. M <br />7. Because of climatic oonditions, minor irregularities in the delivery of water shall be <br />disregarded. However, if a deficiency in delivery should result from negixt on the part of <br />Coloradv, the deFciency ahall be made up within 72 houcs. (Art. N) <br />8. Colorado waives any objection it may have to the diversion of waters in Colorado for use <br />in Nebraska through ihe Peterson Canal or other canals in the Julesburg Irrigation <br />DistricL (ArL V) <br />9. 'ne Compact may be modified or terminated by mntual conscnt of the signatory atates. <br />(ArL X) <br />-93-
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