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Lutivr-Li <br />203 <br />u1VtSiON E�INEE � <br />DEPARTMENT OF AGRICULTURE KATHLEEN SEBELIUS, GOVERNOR <br />ADRIAN J. POLANSKY, SECRETARY <br />August 26, 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: Delivery Deficits in the Kansas <br />Transit Loss Account <br />Dear Steve: <br />In our recent meetings, we have discussed which account should be credited if Kansas suffers <br />delivery losses in excess of the quantity available in the Kansas Transit Loss account. Your <br />interpretation of Section III.D., is that any delivery deficits should be made up to the Kansas Transit <br />Loss account. I agree, however, I believe that the water should be immediately transferred from the <br />Transit Loss account to the Kansas Section II account to replenish any outstanding delivery deficits. <br />Section II.E.(4) of the 1980 Operating Plan provides, <br />"Releases of Kansas account water shall be measured at the Stateline as provided in <br />Compact Article V E (3) allowing appropriate arrival times. If transit losses occur, those <br />losses shall be determined by the Colorado Division Engineer and a representative of the <br />Kansas Division of Water Resources and shall be replenished from the Kansas transit loss <br />account. In the event that such losses at the end of the delivery are greater than the total <br />in the Kansas transit loss account, then the deficit shall be made up from the next available <br />transfers of other water under Subsection III D. " — Emphasis added. <br />Section III.D. of the 1980 Operating Plan provides, <br />"Thirty -five percent of all water deliveries to John Martin Reservoir, under Subsections III <br />A, III B, and III C, herein, during any compact year shall be transferred into the accounts for <br />Kansas transit losses, for Kansas, and for Colorado Water District 67 ditches at the time of <br />delivery in the following manner: First, transfers from deliveries shall make up deficits, if <br />any, in the Kansas transit loss account which result from Subsection 11E (4), herein, and <br />shall then also fill the said Kansas transit loss account to the amount of 1, 700 acre-feet. <br />DIVISION OF WATER RESOURCES GARDEN CITY FIELD OFFICE MARK E. RUDE, WATER COMMISSIONER <br />2508 JOHNS STREET, GARDEN. CITY, KS 678.46 -2804 <br />Voice 620 -276 -2901 Fox 620 - 276 -9315 <br />http:// www .occesskonsos.org /kdo /dwr /wo /Go rd en City FO.htm <br />