Colorado Water Conservation Handbook

• Year: 2004
• Title: CWCB Board Member Handbook
• CWCB Section: Administration
• Author: CWCB
• Description: Handbook containing phone numbers, addresses, statutes, rules, policies, straegic plans and Board member work plans.
• Publications - Doc Type: Other

South Platte River Compact

37 -65-101.

South Platte River compact.

37-65-101. South Platte River compact. The General
Assembly hereby approves the compact, designated as
the "South Platte River Compact", between the states of
Colorado and Nebraska, signed at the City of Lincoln,
State of Nebraska, on the 27th day of April, A.D. 1923,
by Delph E. Carpenter as the Commissioner for the
State of Colorado, under authority of Chapter 243,
Session Laws of Colorado, 1921, and Chapter 190,
Session Laws of Colorado, 1923, and by Robert H.
Willis as the Commissioner for the State of Nebraska,
thereunto duly authorized, which said compact is as
follows:

South Platte River Compact Between
The States Of
Colorado And Nebraska
The State of Colorado and the State of
Nebraska, desiring to remove all causes of present and
future controversy between said States, and between
citizens of one against citizens of the other, with respect
to the waters of the South Platte River, and being moved
by considerations of interstate comity, have resolved to
conclude a compact for these purposes and, through
their respective Governors, have named as their
cormmSSloners:
Delph E. Carpenter, for the State of Colorado;
and Robert H. Willis, for the State of Nebraska; who
have agreed upon the following articles:

Article I
In this compact:
1. The State of Colorado and the State of
Nebraska are designated, respectively, as "Colorado"
and "Nebraska".
2. The provisions hereofrespecting each
signatory State, shall include and bind its citizens and
corporations and all others engaged or interested in the
diversion and use of the waters of the South Platte River
in that State.
3. The term "Upper Section" means that part
of the South Platte River in the State of Colorado above
and westerly from the west boundary of Washington
County, Colorado.
4. The term "Lower Section" means that part
of the South Platte River in the State of Colorado
between the west boundary of Washington County and
the intersection of said river with the boundary line
common to the signatory States.
5. The term "Interstate Station" means that
streams gauging station described in Article II.
6. The term "flow of the river" at the Interstate
Station means the measured flow of the river at said
station plus all increment to said flow entering the river
between the Interstate Station and the diversion works
of the Western Irrigation District in Nebraska.

Article II
1. Colorado and Nebraska, at their joint
expense, shall maintain a stream gauging station upon
the South Platte River at the river bridge near the town
of Julesburg, Colorado, or at a convenient point between
said bridge and the diversion works of the canal of the
Western Irrigation District in Nebraska, for the purpose
of ascertaining and recording the amount of water
flowing in said river from Colorado into Nebraska and
to said diversion works at all times between the first day
of April and the fifteenth day of October of each year.
The location of said station may be changed from year
to year as the river channels and water flow conditions
of the river may require.
2. The State Engineer of Colorado and the
Secretary ofthe Department of Public Works of
Nebraska shall make provision for the co-operative
gauging at and the details of operation of said station
and for the exchange and publication of records and
data. Said state officials shall ascertain the rate of flow
of the South Platte River through the Lower Section in
Colorado and the time required for increases or
decreases offlow, at points within said Lower Section,
to reach the Interstate Station. In carrying out the
provisions of Article IV of this compact, Colorado shall
always be allowed sufficient time for any increase in
flow (less permissible diversions) to pass down the river
and be recorded at the Interstate Station.

Article III
The waters of Lodgepole Creek, a tributary of
the South Platte River flowing through Nebraska and
entering said river within Colorado, hereafter shall be
divided and apportioned between the signatory States as
follows:
1. The point of division of the waters of
Lodgepole Creek shall be located on said creek two
miles north of the boundary line common to the
signatory states.
2. Nebraska shall have the full and unmolested
use and benefit of all waters flowing in Lodgepole
Creek above the point of diversion and Colorado waives
all present and future claims to the use of said waters.
Colorado shall have the exclusive use and benefit of all
waters flowing at or below the point of division.
3. Nebraska may use the channel of Lodgepole
Creek below the point of division and the channel of the
South Platte River between the mouth of Lodgepole
Creek and the Interstate Station, for the carriage of any
waters of Lodgepole Creek which may be stored in
Nebraska above the point of division and which
Nebraska may desire to deliver to ditches from the
South Platte River in Nebraska, and any such waters so
carried shall be free from interference by diversions in
Colorado and shall not be included as a part of the flow
of the South Platte River to be delivered by Colorado at
the Interstate Station in compliance with Article IV of
this compact, provided, however, that such mns of
stored water shall be made in amounts of not less than

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