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1. Colorado shall have the right to maintain, operate, and extend, within Nebraska, the <br />Peterson Canal and other canals of the Julesburg Irrigation District which now are or may <br />hereafter be used for the carriage of water from the South Platte River for the irrigation of <br />lands in both states, and Colorado shall continue to exercise control and jurisdiction of <br />said canals and the carriage and delivery of water thereby. This Article shall not excuse <br />Nebraska water users from making reports to Nebraska officials in compliance with the <br />Nebraska laws. <br />2. Colorado waives any objection to the delivery of water for irrigation of lands in <br />Nebraska by the canals mentioned in paragraph one (1) of this Article, and agrees that all <br />interests in said canals and the use of waters carried thereby, now or hereafter acquired by <br />owners of lands in Nebraska, shall be afforded the same recognition and protection as are <br />the interests of similar land owners served by said canals within Colorado; provided, <br />however, that Colorado reserves to those in control of said canals the right to enforce the <br />collection of charges or assessments, hereafter levied or made against such interest of <br />owners of the lands in Nebraska, by withholding the delivery of water until the payment <br />of such charges or assessments; provided, however, such charges or assessments shall be <br />the same as those levied against similar interests of owners of lands in Colorado. <br />3. Nebraska grants to Colorado the right to acquire by purchase, prescription, or the <br />exercise of eminent domain, such rights -of -way, easements or lands as may be necessary <br />for the construction, maintenance, operation, and protection of those parts of the above <br />mentioned canals which now or hereafter may extend into Nebraska. <br />Article VI <br />It is the desire of Nebraska to permit its citizens to cause a canal to be constructed and <br />operated for the diversion of water from the South Platte River within Colorado for <br />irrigation of lands in Nebraska; that said canal may commence on the south bank of said <br />river at a point southwesterly from the town of Ovid, Colorado, and may run thence <br />easterly through Colorado along or near the line of survey of the formerly proposed <br />"Perkins County Canal" (sometimes known as the "South Divide Canal ") and into <br />Nebraska, and that said project shall be permitted to divert waters of the river as <br />hereinafter provided. With respect to such proposed canal it is agreed: <br />1. Colorado consents that Nebraska and its citizens may hereafter construct, maintain, <br />and operate such a canal and thereby may divert water from the South Platte River within <br />Colorado for use in Nebraska, in the manner and at the time in this Article provided, and <br />grants to Nebraska and its citizens the right to acquire by purchase, prescription, or the <br />exercise of eminent domain such rights -of -way, easements or lands as may be necessary <br />for the construction, maintenance, and operation of said canal; subject, however, to the <br />reservations and limitations and upon the conditions expressed in this Article which are <br />and shall be limitations upon and reservations and conditions running with the rights and <br />privileges hereby granted, and which shall be expressed in all permits issued by Nebraska <br />with respect to said canal. <br />2. The net future flow of the Lower Section of the South Platte River, which may <br />remain after supplying all present and future appropriations from the Upper Section, and <br />after supplying all appropriations from the Lower Section perfected prior to the <br />