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VED <br />f 2 7 2003 <br />DEPARTMENT OF AGRICULTURE KATHLEEN SEBELI US, GOVERNOR <br />ADRIAN J. POLANSKY, SECRETARY <br />October 21, 2003 <br />Steve Witte <br />Operations Secretary <br />Arkansas River Compact Administration <br />310 E. Abriendo Ave, Ste B <br />Pueblo, CO 81006 <br />RE: Draft Colorado Resolution concerning <br />Winter Water Account <br />Dear Steve: <br />You requested written comments concerning the resolution presented by Colorado at the May <br />2002 Special Meeting of ARCA (copy attached). Let me apologize for just now getting this to you; <br />since I had indicated that I would be providing you with this letter in September. <br />The overall comment is that a winter water holding account is not provided for in the 1980 <br />Operating Plan; therefore, Kansas expects that all Section III water would be assessed the 35% <br />storage charge upon delivery to John Martin Reservoir (JMR) and that water would be distributed <br />immediatelyto the appropriate accounts. The proposed resolution limits the water available to a later <br />time. This is not acceptable. However, I am sure that you are interested in specific comments and <br />the paragraphs below will look at the specific sections of the proposed resolution. <br />Section 1. This section establishes a "winter water account" pursuant to the same limitations <br />set forth in Section 111 - -A, B and C of the 1980 Operating Plan Resolution. This section is not clear <br />as to whether the winter water account is just subject to the specific 'limitations in these three <br />sections, or all the limitations as imposed on Section III accounts. <br />Section 2. The result of this section is to delay the transfer of the 35% storage charge water <br />contrary to Section HI.D. of the 1980 Operating Plan. The reason you have provided to me for this <br />delay is to allow you to appropriately distribute any excess charge water between the District 67 <br />subaccounts. However, it would seem there are other ways that this could be handled without <br />withholding all of the 35% storage charge on winter water until the end of the PWWSP. <br />DIVISION OF WATER RESOURCES GARDEN CITY FIELD OFFICE MARK E. RUDE, WATER COMMISSIONER <br />2508 JOHNS STREET, GARDEN CITY, KS 67846 -2804 <br />Voice 620 -276 -2901 Fax 620 -276 -9315 <br />http:// www. accesskonsas. org /kdo /dwr /wo /GardenCityFO.htmr <br />