Recommendation G: Special Engineering Committee

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Recommendation G Special Engineering Committee - May 1, 2008 Recommendations for Revision and Approval of Annual Reports of the Operations Secretary for Compact Years 1994 -2006, Restitution for Transit Losses on Releases of Water from the Kansas Section 11 Account That Were Not Replenished From the Kansas Transit Loss Account, and Other Assigned Tasks The Arkansas River Compact Administration (ARCA) created a Special Engineering Committee ( "Committee ") by Resolution No. 2005 -1 and directed the Committee to develop recommendations to ARCA to reduce or eliminate disputes between the States. ARCA extended the term of the Committee by Resolution Nos. 2006 -7 and 2007 -4. Pursuant to these Resolutions, Jennifer Gimbel and Dick Wolfe, for Colorado, and David Brenn and David Barfield, for Kansas, were designated as members of the Committee, and Robin Jennison, the Federal representative and Chairman of ARCA, was made an ex-officio member of the Committee. The Committee was assigned the tasks of developing recommendations to resolve various long standing disputes as described in ARCA Resolution 2005 -1, including "The review and recommendation on the revision and approval of all Annual Reports of the Operations Secretary for Compact Years 1994 -2004, to include the status of the Report for Compact Year 2005 if not approved by ARCA at the December 2005 Annual Meeting." During the Committee's deliberations, the effects of the implementation of new accounting procedures on accounting during prior, years, and how any restitution of water would be made were considered.' The Committee makes the following recommendations to ARCA, with the condition that all of the following recommendations will be adopted, or none of them will be adopted: A. The Committee recommends that the Annual Reports of the Operations Secretary submitted for Compact Years 1994 through 2006 be approved except as provided below and with the following qualifications: 1. The values for Kansas Section H Account water deliveries measured at the Stateline ( "Stateline deliveries ") will be revised via an addendum to the 1994 through 2005 . reports. This addendum will report the Stateline deliveries using the criteria provided in the Agreement Concerning the Offset Account in John Martin Reservoir for Colorado Pumping, Determination of Credits for Delivery of Water Released for Colorado Pumping, and Related Matters approved September 30, 2005 ( "2005 Offset Account Crediting Agreement ") and the 2006 Agreement on Measurement of Section H Deliveries. 1 This issue is referenced as Issue #6 1 (Retroactive Accounting) in the "Water Issues Matrix" document, JMR Accounting Issues dated April 2005. Z This issue is referenced as Issue #62 (Operations Secretary Reports) in the "Water Issues Matrix" document, JMR Accounting Issues dated April 2005. Page 1 of 3