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[ Footnote 14 ] Nebraska objects to the margin of safety provided above actual existing uses. But we do not <br />believe that the margin allowed is unjust under all the circumstances of the case. <br />[ Footnote 15 ] In accord with Colorado's suggestion the decree will embrace Jackson County and not <br />North Park since the two are not coterminous and since Jackson County is entirely within the river basin <br />and includes areas not located in North Park. <br />[ Footnote 16 ] Whether, as between the United States together with the irrigation projects sponsored by it <br />on the one hand and the Farmers Irrigation District on the other, the United States is estopped by United <br />States v. Tilley, 8 Cir., 124 F.2d 850, to deny the amount of acreage covered by the Warren Act contract <br />with the district is not relevant here. <br />[ Footnote 17 ] Thus the contract with the Gering Irrigation District provides: <br />'The United States will impound, and store water in the Pathfinder Reservoir, or elsewhere and release the <br />same into the North Platte River at such times and in sufficient quantities to deliver, and does hereby agree <br />to deliver at the Wyoming- Nebraska State line for the use of said District an amount of water which will, <br />with all the water the lands of the District may be entitled to by reason of any appropriations and all water <br />not otherwise appropriated, including drainage and seepage waters developed by the United States, <br />aggregate a flow of water as follows: ( Here follows the delivery schedule); the total amount to be so <br />delivered being approximately 35,500 acre feet.' <br />[ Footnote 18 ] The contract provides: <br />'It is expressly agreed that the development of the Casper - Alcova Project and the irrigation of lands under it <br />is in no way to impair the water rights for the Federal North Platte Reclamation Project in Wyoming and <br />Nebraska, and the said North Platte Project, and Warren Act contractors under it are to receive a water <br />supply of the same quantity as would have been received if the Casper - Alcova Project had not been <br />constructed and operated.' <br />[ Footnote 19 ] He likewise recommends (1) that in the apportionment of water in this section the flow for <br />each day, until ascertainable, shall be assumed to be the same as that of the preceding day as shown by the <br />measurements and computations for that day; and (2) that in the segregation of natural flow and storage <br />water, reservoir evaporation and transportation losses shall be determined in accordance with the formula <br />and data which appear in the record identified as United States Exhibit 204A, unless and until Nebraska, <br />Wyoming, and the United States may agree upon a modification thereof or upon another formula. We <br />discuss the second of these recommendations later in this opinion. We adopt both of them. <br />[ Footnote 1 ] The value for Tri -State assumes that the historical interceptions ( 35,500 acre feet annually) <br />by this canal below the state line will in the future be delivered to the Northport District, in compliance <br />with the decree in United States v. Tilley, 8 Cir., 124 F.2d 850. <br />[ Footnote 2 198,000 acres minus 10,748 acres supplied by winter diversions to inland reservoirs and minus <br />2,300 acres of Wyoming lands included in Pathfinder District. Second feet and acre feet requirements are <br />adjusted correspondingly. <br />[ Footnote 3 ] This canal supplies a total of 13,000 acres, but 8,452 acres will be supplied in the future by <br />interception below state line. See Note 1. <br />[ Footnote 22 ] Note 19, supra. <br />