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WSPC05386
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Last modified
7/29/2009 11:11:03 AM
Creation date
10/9/2006 5:11:44 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8044
Description
Section "D" General Studies - Compacts - General Writings
State
NE
Date
2/16/1951
Author
Royce J Tipton
Title
Interstate Water Compacts - Interstate Water Compacts and their Relationship to Basin Development
Water Supply Pro - Doc Type
Report/Study
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<br />~ <br /> <br />t',....:~ -'3'; <br />V";0J w <br /> <br />The Conchos reservoir was constructed on the Canadian River by the <br />Corps of Engineers in the middle 1930's as a part of the pump-priming program. Its <br />function is for flood control and the regulation of the erratic flows of the <br />Canadian River. <br /> <br />Th~ Tu~uffi~~ri {Hlli"'ley) ri'"0ject 9"io.5 ai.itl101~izeJ. a.t1u i::i nea.ring (;0mpl~ti0i1 <br />in New Mexico to utilize a portion of the regulated water for irrigation. Several <br />growing cities and towns along the Canadian River below the Kew Mexico state line <br />have begun to develop a need for additional municipal and industrial water supplies <br />A project was investigated and reported upon by the Bureau of Reclamation to supply <br />additional domestic and industrial water needs of eleven cities in Texas. The <br />project also would have other functions, namely, the provision of flood control, <br />~ome irrigation, and improvement of the propagation of fish and .1ild:life. <br /> <br />In the closing days of the 81st Congress, the President signed the <br />G~nadian River bill authorizing the construction of the project. Actual construc- <br />'::' em, however, was made dependent upon the ratification of a compact among the <br />states of New Mexico, Texas, and Oklahoma. A compact has been agreed upon by <br />commissioners appointed by the three states, and has been signed. Bills have been <br />introduced in the legislatures of the three states calling for its ratification. <br />As soon as the compact becomes effective, work can proceed upon the construction <br />of the project if funds are made available by Congress. <br /> <br />A . compact between Colorado and lIew Mexico over the uses of the waters <br />of Costilla Creek became effective in 1946. This compact had the effect of re- <br />solving serious controversies between the two states and between interests of the <br />two states. Under the terms of the compact much more beneficial use is being made <br />of the waters of the stream with present facilities than resulted prior to the con- <br />summation of the compact. <br /> <br />Water use problems vdth respect to the Arkansas River developed between <br />Kansas and Colorado at an early date. In 1902 Kansas took action against Colorado <br />in the United States Supreme Court. This suit was dismissed in J,906 without preju- <br />dice to Kansas. The Court, however, did lay down a principle vlr,j,ch theretofore had <br />not been clear, namely, that a state did not have the exclusive right to the use of <br />the waters which originate rli thin its boundaries, and also laid d01m the principle <br />that there should be an equitable apportiomnent of the uses of the waters of an <br />interstate stream. Litigation between private parties on both sides of the state <br />line was detrimental to both states for a number of years, ann had the effect of <br />casting a cloud over the water rights initiated on the stream under the laws of the <br />respective states. Colorado, for the first time in its history, became the plain- <br />tiff in an interstate water suit before the Supreme Court. It filed what in <br />essence was a bill of peace, ashng that the problems between Kansas and Colorado <br />over the uses of the waters of the Arkansas iliver be resolved for all time. This <br />suit was costly and'extended over a period of 16 years. The Court again found that <br />Colorado had not exceeded her equitable share of the uses of the waters of the <br />Arkansas River and had not injured the interested Kansans. The Court recommended <br />strongly that the tl'O states negotiate a compact apportioning the uses of the waters <br />of the river. <br /> <br />In the meantime, in the 1930's the Corps of Engineers had constructed a <br />project known as the John Martin dam which created the Caddoa reservoir. This proj- <br />ect, similar to the Conchos reservoir on the Canadian River, was for the purpose of <br />providing flood control and of regulating and making useable infrequent flood flows. <br />In order for the construction of the reservoir to have the support of Colorado and <br />Kansas, a stipulation was entered into by representatives of ,those states concerning <br /> <br />-8- <br />
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