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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 />Kansas. This allows the water users in Water District 67 to save some of their water for use <br />later in the irrigation season without foregoing their ability to call against upstream water <br />users when conservation storage is empty. The 1980 Operating Plan includes provisions for <br />"Article III" Accounts for the Amity, Fort Lyon, and Las Animas Consolidated Canals that have <br />been used to store "Other Water", which historically did not accrue to conservation storage. <br />Storage charges of 35 percent are levied against this Other Water, delivered into the "Kansas <br />Transit Loss Account", and used to supply the transit losses on the delivery of Kansas' Article <br />II Account water to the Stateline. The distribution of Colorado's share of the releases among <br />the ditches in Water District 67 is prescribed in the 1980 Operating Plan by incorporating <br />percentages from the last percentage distribution agreement. <br /> <br />The legality of the 1980 Operating Plan has been attacked by certain water users on <br />the lower reaches of the Purgatoire River in litigation during the last few years. The Water <br />Court has thus far held that these Purgatoire River water users have not been injured by the <br />operation of the 1980 Operating Plan and that the 1980 Operating Plan is not contrary to law <br />or in violation of the Compact. The remaining issue in this litigation is whether the Arkansas <br />River Compact Administration had the authority to adopt the 1980 Operating Plan. This <br />consultant understands that this issue is likely to be appealed to the Colorado Supreme Court. <br /> <br />This report is organized into 11 sections. Preceding this introduction is an executive <br />summary. Following this introduction are sections concerned with LAWMA, LAWMA's well <br />pumping and well depletions, LAWMA's existing and potential sources of replacement water, <br />the formulation of the replacement program, a financial analysis of the replacement program, <br />and the main conclusion from the study. Fifteen tables, one figure, and two plates have been <br />included in this report. The tables follow the text of the report; the figure follows the tables; <br />and the plates are in pockets at the end of the report. The figure is a schematic diagram <br />showing the relative locations of the major water resource facilities in the Arkansas River main <br />stem between Pueblo Reservoir and the Stateline. The two plates show well locations and <br />more detail with respect to the water resource facilities in Bent and Prowers Counties. <br /> <br />5 <br />