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I <br />consistently and perhaps understandably advocated positions favorable to downstream <br />water users. Given the institutional responsibilities of the Division Engineer and the <br />Water Commissioner, I believe the Division Engineer is more likely to consider the <br />interests of all water users in Colorado and Kansas under the Compact, and not just those <br />of water users downstream of John Martin Reservoir. If the time ever becomes ripe to <br />implement rotation of these offices between the states, I believe that it should only be <br />done after all of the present operational and accounting issues have been resolved. <br />Article VIII H of the Compact states that it is the "intent of this Compact that <br />enforcement of its terms shall be accomplished in general through State agencies and <br />officials charged with the administration of water rights." Article VI provides that with <br />exceptions the Compact reserves to each state authority over administration of the rights <br />of water users awarded by the respective states. Furthermore, Article VIII G. encourages <br />cooperation with State water administration officials "... in the procurement, interchange, <br />compilation and publication of all factual data bearing upon the Administration of this <br />Compact without, in general duplicating measurements, observations or publications <br />made by State or Federal agencies." <br />For the Division 2 Engineer to fulfill the responsibilities of that position with respect to <br />the administration of water rights within the Arkansas River basin of Colorado, almost all <br />of the information necessary to conduct the operation and accounting associated with the <br />1980 operating plan for John Martin Reservoir must be ascertained and collected even if <br />the responsibilities to maintain accounting and to report such information to the <br />Operations Committee were to be transferred to another individual. In fact, because of <br />intrastate agreements between Colorado water users, the Division 2 Engineer will have to <br />continue accounting even more detailed, yet consistent with that required by the 1980 <br />Operating Plan, even if the Administration were to elect someone else to the office of <br />Operations Secretary. The reality is that any other person who assumes the responsibility <br />for operating John Martin Reservoir and maintaining the accounting documenting such <br />operations in accordance with the 1980 Operating Plan must obtain almost all of the <br />necessary information from the office of the Colorado Division 2 Engineer, but because <br />of the burden to verify the correctness of source data associated with the accounting <br />responsibility, I expect that the Division 2 Engineer will be additionally burdened with <br />tre need to explain and justify each data element to the satisfaction of the person <br />maintaining the accounting record. Thus, in my opinion, there will not only be a <br />duplication of effort, but additional effort required on the part of the Division 2 Engineer <br />and his staff if the positions of Operations Secretary and Assistant Operations Secretary <br />are rotated between the states. <br />For the foregoing reasons, it is my recommendation that the offices of Operations <br />Secretary and Assistant Operations Secretary should not be rotated between the states. <br />-21- <br />