Minutes of Arkansas River Compact Administration Special Telephonic Meeting June 14 1999

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• Iconsidered a water delivery from other valid water rights owned or controlled by the State of Colorado. I'm not a lawyer, but my understanding of water I administration in a situation would ... I was not aware that there would be a Colorado water right authorizing storage nor would it be controlled by the State of Colorado in the flood pool. ITrujillo: Does that answer your question, Mr. Witte? IWitte: I think so,yes. Trujillo: And,um ... IStark: Mr. Trujillo,this is Mark Stark out at John Martin Reservoir, and I've got a question for both Mr. Pope and Mr. Witte and I will admit this is from a layman's I perspective, but from the water rights administration perspective my question would be,the river for users along the river now since May 2nd has been considered in a free river condition, which means that people have filled their I reservoirs, have used irrigation water at their beck and call, wherever needed and as much as they needed, it was a free river condition. Would the storage in available space for this permanent pool not fall within that criteria from the Iperspective of a free river condition, notwithstanding the transfer from the flood pool as described? ITrujillo: You want to answer that, Steve? IMiller: Steve Miller or Steve Witte? Stark: Witte, I guess ... well,I address that to Mr. Witte and Mr. Pope because that ... I that, from a layman's perspective appears where the conflict lies as to what's happening with this water in the river, and I would add that while there's probably a benefit being received by the State of Kansas,no doubt in my mind of that, I I have received numerous complaints of water in excess of what was ... what is desired by the constituency who use and are affected by the Arkansas River past the Stateline. And, I mean, it seems like again, I'm presenting this from a layman's I perspective,but it appears to be awfully convoluted as to ... particularly in a free river condition. I Witte: Well,Mark this is Steve Witte, and I think as I understand your question, it's a very good one. If Mr. Pope's concern about the conflict between water that's currently in the flood pool being under Colorado's control is the prime conflict that I he sees between the proposal as originally made and the principles described in the Operating Criteria, would alternatively water appropriated ... water inflowing into John Martin Reservoir ... appropriated into the permanent pool be acceptable? G:\ARCAIMEEY7NGS\19991SP61499A revl.wpd 11 edited December 13,2004;printed:December 13,2004 I