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<br />SOUTII PLATIE RIVER COMPACT <br />April 27, 1923 <br /> <br />Signatory States: Colorado and Nebraska <br /> <br />Colorado Commissioner: State Engineer <br /> <br />Major Purposes: <br /> <br />1. Remove all causes of present and future controversy between the states and its citizens with <br />respect to the South Platte River (preamble) <br /> <br />2. Promote interstate comity (preamble) <br /> <br />Salient Provisions: <br /> <br />I. "Upper Section" means that portion of the South Platte in Colorado upstream of the west <br />boundary of Washington County. (Art. I) <br /> <br />2. "Lower Section" means that portion of the South Platte between the west boundary of <br />Washington County and the stateline. (Art. I) <br /> <br />3. "Flow of the river" means the measured flow atJulesburg plus the inflow below that station and <br />above the diversion works of the Western Irrigation District in Nebraska. (Art. I) <br /> <br />4. The waters of Lodgepole Creek are divided at a point two miles north of the stateline. Nebraska <br />is entitled to exclusive use above the division point, and Colorado has exclusive use of all waters <br />below the division point. (Art. III) <br /> <br />5. Colorado has the right to full and uninterrupted use of all the waters in the "Lower Section" <br />during the period of October 15th to April 1st, except that should Nebraska construct the South <br />Divide Canal with a heading near Ovid, Colorado, then that canal will bear an appropriation date <br />of December 17, 1921, and Colorado shall have full use of the waters in the "Lower Section" <br />plus 35,000 acre-feet less the amount diverted by the South Divide Canal under its appropriation <br />date during the period October 15th to April 1st. (Art. IV and VI) <br /> <br />6. Between April 1st and October 15th, Colorado shall not permit diversions from the "Lower <br />Section" by Colorado appropriators whose decrees are junior to June 14, 1897, on any day when <br />the interstate station shows a mean flow less than 120 cfs. (Art. IV) <br /> <br />7. Because of climatic conditions, minor irregularities in the delivery of water shall be disregarded. <br />However, if a deficiency in delivery should result from neglect on the part of Colorado, the <br />deficiency shall be made up within 72 hours. (Art. IV) <br /> <br />6 <br />