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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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12/11/2014 2:05:54 PM
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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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seventeenth day of December, 1921, and after supplying the additional future <br />appropriations in the Lower Section for the benefit of which a prior and preferred use of <br />thirty -five thousand acre -feet of water is reserved by subparagraph (a) of this Article, <br />may be diverted by said canal between the fifteenth day of October of any year and the <br />first day of April of the next succeeding year subject to the following reservations, <br />limitations and conditions: <br />(a) In addition to the water now diverted from the Lower Section of the river by <br />present perfected appropriations, Colorado hereby reserves the prior, preferred and <br />superior right to store, use and to have in storage in readiness for use on and after the first <br />day of April in each year, an aggregate of thirty -five thousand acre -feet of water to be <br />diverted from the flow of the river in the Lower Section between the fifteenth day of <br />October of each year and the first day of April of the next succeeding year, without <br />regard to the manner or time of making such future uses, and diversions of water by said <br />Nebraska canal shall in no manner impair or interfere with the exercise by Colorado of <br />the right of future use of the water hereby reserved. <br />(b) Subject at all times to the reservation made by subparagraph (a) and to the other <br />provisions of this Article, said proposed canal shall be entitled to divert five hundred <br />cubic feet of water per second of time from the flow of the river in the Lower Sections, as <br />of priority of appropriation of date December 17, 1921, only between the fifteenth day of <br />October of any year and the first day of April of the next succeeding year upon the <br />express condition that the right to so divert water is and shall be limited exclusively to <br />said annual period and shall not constitute the basis for any claim to water necessary to <br />supply all present and future appropriations in the Upper Section or present <br />appropriations in the Lower Section and those hereafter to be made therein as provided in <br />subparagraph (a). <br />3. Neither this compact nor the construction and operation of such a canal nor the <br />diversion, carriage and application of water thereby shall vest in Nebraska, or in those in <br />charge or control of said canal or in the users of water therefrom, any prior, preferred or <br />superior servitude upon or claim or right to the use of any water of the South Platte River <br />in Colorado from the first day of April to the fifteenth day of October of any year or <br />against any present or future appropriator or use of water from said river in Colorado <br />during said period of every year, and Nebraska specifically waives any such claims and <br />agrees that the same shall never be made or asserted. Any surplus waters of the river, <br />which otherwise would flow past the hnterstate Station during such period of any year <br />after supplying all present and future diversions by Colorado, may be diverted by such a <br />canal, subject to the other provisions and conditions of this Article. <br />4. Diversion of water by said canal shall not diminish the flow necessary to pass the <br />Interstate Station to satisfy superior claims of users of water from the river in Nebraska. <br />5. No appropriations of water from the South Platte River by any other canal within <br />Colorado shall be transferred to said canal or be claimed or asserted for diversion and <br />carriage for use on lands in Nebraska. <br />6. Nebraska shall have the right to regulate diversions of water by said canal for the <br />purposes of protecting other diversions from the South Platte River within Nebraska and <br />
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