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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />The practice of capturing the spring runoff in reservoirs for subsequent use <br /> <br /> <br />then developed. Storage rights were, therefore, added to direct flow rights <br /> <br /> <br />as part of the appropriation doctrine. This development of water rights was <br /> <br /> <br />first applied during the territorial period and carried forward into the State <br /> <br /> <br />Constitution. The appropriation doctrine is now a well established system <br /> <br /> <br />based on statute and case law, regulated by the courts and administered by <br /> <br /> <br />the State Engineer. <br /> <br />The diversion and consumptive use of water in the South Platte River <br /> <br /> <br />Basin quickly took on interstate importance following statehood. There- <br /> <br /> <br />fore, in 1923 the "South Platte River Compact" was signed by Colorado and <br /> <br /> <br />Nebraska "to remove all causes of present and future controversy" (Radosevich <br /> <br /> <br />et al., 1975) regarding water. This agreement primarily affects surface water <br /> <br /> <br />diversions of the South Platte River east of the west boundary of Washington <br /> <br /> <br />County at a location known as the "Balzac Gage." The impact is that Nebraska <br /> <br /> <br />can callout Colorado water rights located downstream of the Balzac Gage which <br /> <br /> <br />are junior to 1897 in order to maintain a mean flow of 120 cubic feet per <br /> <br /> <br />second (cfs) in the South Platte on any day during the irrigation season. <br /> <br />This flow is measured above the diversion works of the canal of the Western <br /> <br /> <br />Irrigation District of Nebraska between April 1 and October 15 of each year. <br /> <br />n-3 <br />