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http: / /resourcescommittee.house. gov/ 107cong/water /2002mar 19 /pope.htm Testimony before the Subcommittee on Water and Power Committee on Resources U.S. House of Representatives Hearing on H. R. 3881 March 19, 2002 By David L. Pope, Chief Engineer Kansas Department of Agriculture -Division-of—Water—Res members of the Subcommittee, my name is David L. Pope, Chief Engineer of the Kansas Department of Agriculture's Division of Water Resources. I am here representing Kansas Governor Bill Graves. I am testifying in opposition to H. R. 3881. We believe passage of H.R. 3881 would have a long -term detrimental effect on the - interests of the state of Kansas, including a reduction in the quantity and quality of water on which it relies. Arkansas River Compact I am a Kansas member of the Arkansas River Compact Administration (ARCA) of the Arkansas River Compact. Negotiated between Kansas and Colorado, and approved by Congress in 1949, the compact was designed to settle existing disputes and remove cause for future controversy, as well as to divide and apportion the waters of the Arkansas River and the benefits arising from the construction of John Martin Reservoir. The compact was intended to maintain conditions as they were at the time of ratification. ARCA is composed of three members each from Kansas and Colorado, with each state allowed one vote. Business must be conducted with unanimous agreement. ARCA is chaired by a federal representative appointed by the President. This individual is a non - voting member. History The Arkansas River flowing east out of Colorado into Kansas has played a crucial role in the development of the history and economy of the state of Kansas. Between Kansas statehood in 1861 and Colorado statehood in 1876, the river was largely unregulated. Sometimes flowing across Kansas nearly a half mile wide, it offered great opportunities for development. The first use of the Arkansas River for irrigation in Kansas was just downstream from the state line in 1880. Development in Colorado, and subsequent shortages of surface water supplies to Kansas irrigation ditches, has resulted in extensive litigation between the states before the U.S. Supreme Court. Our disputes are presently pending again before the Court. Colorado has continued to develop wells and major reservoirs in the Arkansas River Basin upstream of Kansas since 1950, which resulted in the filing of the present litigation, Kansas vs. Colorado, in 1985. In 1995, the U.S. Supreme Court found Colorado in violation of the compact due to post- compact well development. Although this case is in the remedy phase and remains unresolved, Colorado now is proposing additional development as set forth in the Preferred Storage Options Plan (PSOP) of the Southeastern Colorado Water Conservancy District. HR 3881 would provide protections for other Colorado water users and other Colorado River Basin states. 1 of 4 3/20/02 10:19 AN!