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Background <br /> The Arkansas River Compact(Compact) of 1948 apportions the waters of the <br /> Arkansas River between Colorado and Kansas, while providing for the operation of <br /> John Martin Reservoir as a shared benefit between the two states. The compact is"not <br /> intended to impede or prevent future beneficial development... as well as the improved <br /> or prolonged functioning of existing works: Provided,that the waters of the Arkansas <br /> river... shall not be materially depleted in usable quantity or availability..."2 A primary <br /> tool agreed to annually for administering the Arkansas River Compact is the 1980 <br /> Operating Principles,which provide for storage accounts in John Martin Reservoir and <br /> the release of water from those accounts for Colorado and Kansas water users. <br /> Colorado and Kansas have litigated claims concerning Arkansas River water since the <br /> early 20th century, which led to the negotiation of the Compact. In 1995, Colorado was <br /> found to have depleted usable stateline flows in violation of the Compact through the <br /> expanded use of tributary groundwater. As a result,the Colorado State Engineer <br /> developed well administration rules to bring Colorado into compliance with the compact, <br /> and Colorado compensated Kansas for damage claims (approximately $34 million). <br /> Recently,the Colorado State Engineer developed irrigation efficiency rules, which <br /> require augmentation for any upgrades to water delivery systems, such as drip irrigation <br /> or sprinkler systems. The purpose of the rules are to preserve the historic return flows that <br /> comprise part of the historical water supply to Kansas available at the time of the <br /> compact. <br /> The Arkansas Basin will face several key concerns and challenges with respect to water <br /> management issues and needs over the next 40 years, which are identified as follows3: <br /> • Arkansas River Compact requirements, existing uses and water rights result in <br /> little to no water availability for junior water rights and new uses. All junior <br /> or new uses, and many irrigation efficiency improvements, require augmentation <br /> • Growth in the headwaters region will present challenges to securing <br /> augmentation water for new demands <br /> • Concerns over agricultural transfers and the impacts to rural economies are <br /> significant in the lower portion of the basin downstream of Pueblo Reservoir <br /> • Recreational in-channel diversions or water rights for recreation will have an <br /> impact on the development of augmentation plans for agricultural transfers. The <br /> Arkansas River has been called the most rafted river in the world, but those <br /> recreational flows could be threatened unless there is continued, thoughtful <br /> collaboration on water resources <br /> • Concerns over water quality and suitable drinking water exist in the lower basin <br /> • Possible federal listing of the Arkansas darter fish as a threatened or endangered <br /> species could affect water management in the basin <br /> • Replacement of existing municipal supplies,plus growth in urban areas will <br /> result in an increase in the demand for municipal water supplies <br /> 2 Arkansas River Decision Support System Feasibility Study, December 2011 Report <br /> a Colorado's Water Plan/Draft Chapter 3, 12/10/2014 <br /> 5 <br />