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Last modified
7/14/2009 5:02:31 PM
Creation date
5/20/2009 10:22:58 AM
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UCREFRP
UCREFRP Catalog Number
7776
Author
Paddock, W. A. and W. C. Weiss.
Title
A Primer on Colorado Water Law.
USFW Year
1986.
USFW - Doc Type
\
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voir during that time. <br />During the summer storage season, both Kansas and Colorado have <br />the right to demand releases of water from John Martin. So long <br />as there is water in storage in the conservation pool, Colorado <br />water users below the reservoir may not "call out" upstream Colo- <br />rado water users. When no water remains in storage in the con- <br />servation pool of John Martin, Kansas is not entitled to any of <br />the flow entering the reservoir. Additionally, when the conser- <br />vation pool is exhausted, the Colorado water users below John <br />Martin are administered in the priority system with all water <br />rights on the Arkansas River. During this time, the senior water <br />rights below John Martin may "call out" upstream junior water <br />rights. <br />The waters of the Arkansas River have been overappropriated since <br />at least the turn of the century and, prior to the compact, were <br />the subject of several protracted disputes between Kansas and <br />Colorado in the United States Supreme Court. In recent years, <br />Kansas has charged Colorado with violating the compact and, in <br />December 1985, Kansas again sued Colorado in the Supreme Court. <br />Colorado has requested that the court not accept jurisdiction be- <br />cause Kansas has failed to exhaust its administrative remedies <br />under the compact. <br />C. Interstate Decrees (United States Supreme Court) <br />1. Wyoming v. Colorado, 353 U.S. 953 (1957). <br />This is a consent decree equitably apportioning the flows of the <br />Laramie River arrived at after years of protracted litigation. <br />It limits the total amount of water that may be used in Colorado, <br />the place of its use and the type of its use. <br />2. Nebraska v. Wyoming, 325 U.S. 589 (1954). <br />This decree equitably apportions the flows of the North Platte <br />River among Colorado, Wyoming and Nebraska. <br />3. Colorado v. New Mexico, 103 S. Ct. 539 (1982) and <br />Colorado v. New Mexico, 104 S. Ct. 2433 (1984). <br />Colorado brought an action in the United States Supreme Court <br />seeking an equitable apportionment of the Vermejo River. Colo- <br />rado had no existing uses of water but sought an allocation for <br />future development; New Mexico had existing uses. In the first <br />decision, the Court established the legal principles to be ap- <br />plied and remanded the case to the special master for additional <br />-22-
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