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flood control storage may be made at times and rates determined by the Corps <br />of Engineers to be necessaa or advisable without regard to ditch diversion <br />capacities or requirements in either or both States. [emphasis added] <br />(3) The conservation pool will be berated for the benefit of water users in <br />Colorado and Kansas as provided by this Compact. [emphasis added] <br />Since the Administration is empowered only to adopt rules and procedures that are <br />consistent with the Compact and since the language of the Section 11 G does not <br />recognize that the Corps of Engineers may conduct flood control operations by releasing <br />water by means of the outlet gates without causing water to spill physically over the <br />project's spillway, it is my position that the criterion to be used to determine the <br />occurrence of a spill is when the maximum allowable invasion of the flood pool by the <br />permanent pool occurs and, thereafter, any additional water impounded above that <br />elevation is flood control storage and is not available for the benefit of water users in <br />Colorado and Kansas. <br />My recommendation is that, as an interim measure, the Operations Committee should <br />direct that in the event that runoff conditions occur in the Arkansas River basin upstream <br />of John Martin Reservoir that cause the conservation pool to be filled and that cause the <br />quantity of water then extant in the permanent recreation pool to invade the flood control <br />storage, the Operations Secretary should account for the quantities in each account taking <br />into consideration that the accounts spill in the order prescribed in Section 11 G of the <br />1980 Operating Plan (except as modified by Section 13 of the Resolution Concerning an <br />Offset Account in John Martin Reservoir for Colorado Well Pumping, approved March <br />17, 1997) from the point when the maximum allowable invasion of the flood control <br />storage by the permanent pool occurs as prescribed by the Administration's Resolution <br />Concerning John Martin Reservoir Permanent Pool, dated August 14, 1976. I also <br />recommend that the Operations Committee amend Section Il G of the 1980 Operating <br />Plan to make this intention clear. <br />Accounting shills from accounts #51 <br />Kansas also infers from Section 11 G of the 1980 Operating Plan that the quantification of <br />spills from accounts should also be based on the release (outflow) rate from the reservoir. <br />Kansas notes that there is no specific provision in the 1980 Operating Plan for a separate <br />Flood Pool account and concludes that water held in storage above the maximum <br />allowable level of invasion into the flood control storage has not physically spilled and <br />therefore should retain its original account identity. Based on these positions, the <br />Assistant Operations Secretary has proposed an alternative accounting procedure that <br />would permit the owners of spilling accounts to store water above the maximum <br />allowable invasion of the flood control storage. This benefit occurs at the expense of <br />conservation storage, which is to be allocated to both States pursuant to Section 11 D of <br />the 1980 Operating Plan. <br />-15- <br />