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37-65-101 South Platte River Compact between the states of Colorado and Nebraska
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37-65-101 South Platte River Compact between the states of Colorado and Nebraska
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Last modified
12/11/2014 2:05:54 PM
Creation date
5/6/2014 11:04:39 AM
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Water Supply Protection
State
CO
NE
Basin
South Platte
Water Division
1
Date
4/27/1923
Author
States of Colorado and Nebraska
Title
37-65-101 South Platte River Compact between the states of Colorado and Nebraska
Water Supply Pro - Doc Type
Compact
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Article II <br />1. Colorado and Nebraska, at their joint expense, shall maintain a stream gauging <br />station upon the South Platte River at the river bridge near the town of Julesburg, <br />Colorado, or at a convenient point between said bridge and the diversion works of the <br />canal of the Western Irrigation District in Nebraska, for the purpose of ascertaining and <br />recording the amount of water flowing in said river from Colorado into Nebraska and to <br />said diversion works at all times between the first day of April and the fifteenth day of <br />October of each year. The location of said station may be changed from year to year as <br />the river channels and water flow conditions of the river may require. <br />2. The State Engineer of Colorado and the Secretary of the Department of Public <br />Works of Nebraska shall make provision for the co- operative gauging at and the details <br />of operation of said station and for the exchange and publication of records and data. Said <br />state officials shall ascertain the rate of flow of the South Platte River through the Lower <br />Section in Colorado and the time required for increases or decreases of flow, at points <br />within said Lower Section, to reach the Interstate Station. In carrying out the provisions <br />of Article IV of this compact, Colorado shall always be allowed sufficient time for any <br />increase in flow (less permissible diversions) to pass down the river and be recorded at <br />the Interstate Station. <br />Article III <br />The waters of Lodgepole Creek, a tributary of the South Platte River flowing through <br />Nebraska and entering said river within Colorado, hereafter shall be divided and <br />apportioned between the signatory States as follows: <br />1. The point of division of the waters of Lodgepole Creek shall be located on said <br />creek two miles north of the boundary line common to the signatory states. <br />2. Nebraska shall have the full and unmolested use and benefit of all waters flowing <br />in Lodgepole Creek above the point of diversion and Colorado waives all present and <br />future claims to the use of said waters. Colorado shall have the exclusive use and benefit <br />of all waters flowing at or below the point of division. <br />3. Nebraska may use the channel of Lodgepole Creek below the point of division and <br />the channel of the South Platte River between the mouth of Lodgepole Creek and the <br />Interstate Station, for the carriage of any waters of Lodgepole Creek which may be stored <br />in Nebraska above the point of division and which Nebraska may desire to deliver to <br />ditches from the South Platte River in Nebraska, and any such waters so carried shall be <br />free from interference by diversions in Colorado and shall not be included as a part of the <br />flow of the South Platte River to be delivered by Colorado at the Interstate Station in <br />compliance with Article IV of this compact, provided, however, that such runs of stored <br />water shall be made in amounts of not less than ten cubic feet per second of time and for <br />periods of not less than twenty -four hours. <br />Article IV <br />The waters of the South Platte River hereafter shall be divided and apportioned <br />between the signatory States as follows: <br />
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