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<br />. <br /> <br />002533 <br /> <br />. <br /> <br />Reservoir. It is entitled "Resolution Concerning an Operating Plan <br />for John Martin Reservoir" and is included as Exhibit 10 in the <br />Appendix. Jt. Exh. 21, Doc. 11. As later amended, the 1980 plan <br />is included as Exhibit 11 in the Appendix. Jt. Exh. 21, Doc. 29. <br />The resolution abandons the common pool concept in favor of <br />allocating specific state shares in the stored water. Under the <br />1980 Operating Plan, 40% of the stored water goes into a separate <br />"Kansas account," while 60% is divided in varying shares among the <br />nine Colorado canal companies located within Colorado Water <br /> <br />District 67. <br /> <br />Id., Section II-D(2) (3) . <br /> <br />Kansas and the various <br /> <br />Colorado ditches may demand release of the water contained in their <br />respective accounts at any time and at whatever rates they desire. <br />Id., Section II-E(l). <br /> <br />The 1980 Operating plan also allows three Colorado canal <br />companies, namely, Amity Mutual Irrigation Company, Fort Lyon <br />Canal, and Las Animas Consolidated Canal Company, to store certain <br />"other water" in John Martin Reservoir. IS., Section III-A,B,C. <br />The permitted storage consists of water which Amity could otherwise <br />divert from the Arkansas River and store in the Great Plains <br />Reservoir System, and water which the other two canal companies <br />could store under an approved Pueblo Winter Storage Plan. IS., <br />Section III-A,B,C. <br /> <br />In exchange for this storage right, the three Colorado <br />canal companies agreed to a 35% water surcharge on all their <br />deliveries into John Martin Reservoir. Id., Section III-D. This <br /> <br />Al1366 n <br /> <br />-51- <br />