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KATHLEEN SEBELIUS, GOVERNOR STATE OF KANSAS <br />Adrian J. Polans , Secre <br />. .;� <br />* °.;: �;',•'.: Garden City Field Office <br />Mark E. Rude, Water Commissioner <br />�,— 2508 Johns Street <br />David L. Pope, Chief Engineer3 Garden City, Kansas 67846 -2804 <br />Division --df Water Resources <br />(620) 276 -2901 FAX (620) 276 -9315 <br />KANSAS DEPARTMENT OF AGRICULTURE <br />.v i_r�ir <br />msws_ �. v,00 May 16, 2003 <br />Steve Witte <br />Operations Secretary . <br />Arkansas River Compact Administration <br />310 E. Abriendo Ave, Ste B <br />- ueblo, CO 81006 <br />RE: CY 2002 Delivery Deficit <br />Dear Steve: <br />The purpose of this letter is to responsed to your letter of March 19, 2003 and to re- iterate our <br />previously- expressed concerns with respect to the determination of delivery deficit as presented in <br />my March 4th letter. <br />The following deals only with the delivery deficits associated with the Kansas Section II <br />account releases which occurred during CY 2002. We will address the Offset Account deliveries <br />at a later date, but I can tell you that we do not agree that the water released from the Offset Account <br />was properly accounted for. <br />I disagree with your contention that you had no alternative but to make an independent <br />determination of the delivery deficit. There has been ample opportunity to have discussions on this <br />issue. Our office had provided you with analysis of the Section II releases on at least two occasions <br />before your March 19th letter. <br />The CY2002 delivery deficit should be included in the discussions of the Operations <br />Committee at next week's ARCA meeting. <br />Rundown Considerations <br />A key part of our disagreement regarding the quantification of delivery deficits deals with <br />rundown considerations. Your analysis uses a rundown period to which we have not agreed to. The <br />1980 Operating Plan provides Section II E (4), "Releases of Kansas account water shallbe measured <br />at the Stateline as provided in Compact Article V E (3) allowing appropriate arrival times." Further, <br />this section provides, "If transit losses occur, those losses shall be determined by the Colorado <br />Division Engineer and a representative of the Kansas Division of Water Resources ... " We both <br />agree that there was delivery deficit, but have not reached an agreement on the amount. Below is <br />discussion of each of the Kansas Section H runs in question. <br />Equal Opportunity in Employment and Services <br />