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<br />) <br /> <br /><':) <br /> <br />N <br />~ <br />00 <br />Q <br /> <br />" <br /> <br />.' <br /> <br />"". <br /> <br />Page 24 <br /> <br />unless a change of conditions justifies cancellation or modification <br />of such notice, Colorado shall administer the decreed riahts of <br />water users in Colorado water district 67 as against each other and <br />as against all rights now or hereafter decreed to water users divert- <br />ing upstream from John Martin dam on the basis of relative prior- <br />ities in the same manner in which their respective priority rights <br />were administered by Colorado before ~ohn Martin reservoir began to <br />operate and as though John Martin dam had not been constructed. <br />Such priority administration by Colorado shall be continued until <br />the administration finds that water is again available in the <br />conservati"on pool for release as provided in this compact, and timely <br />notice of "such finding shall be given by the administration to the <br />state engineer of Colorado or his duly authorized representative; <br />provided, that except as controlled by the operation of the preceding <br />provisions of this paragraph and other applicable provisions of <br />this compact, when there' is water in the conservation ppol the <br />water users upstream from John Martin reservoir shall not be affected <br />by tne decrees to. the ditches in Colorado water district 67. Except <br />when administration in Colorado is on a priority basis the water <br />diversions in Colorado water district 67 shall be administered by <br />Colorado in accordance with distribution agreements made from time <br />to time between the water users in such district and filed with the <br />administration and with the state engineer of Colorado or, in <br />the absence of such agre~l~nt, upon the basis of the respective <br />priority decrees, as against each other, in said district. <br /> <br />G. During periods when Colorado reverts to administration of <br />decree priorities. Kansas shall not be entitled to any portion of <br />the river flow entering John Martin reservoir. Waters of the Arkansas <br />river originating in Colorado which may flow across the state line <br />during such periods are hereby apportioned to Kansas. <br /> <br />H. If tne usable quantity and availability for use of tne <br />waters of the Arkansas river to water users in Colorado water district <br />67 and Kansas will be thereby materially depleted or adversely <br />affected, (1) priority rights now decreed to tne ditches of Colorado <br />water district 67 shall not hereafter be transferred to other water <br />distriCts in (;olorado or to points of diversion or places of use <br />upstream from Jonn Martin dam; and (2) the ditch diversion rignts <br />from the Arkansas river in Colorado water district 67 and of Kansas <br />ditches between tne state line and Garden City shall not hereafter <br />be increased beyond the total present rights of said ditches, without <br />the administration, in either case (1) or (2), making findings of <br />fact that no such depletion or adverse effect will result from such <br />proposed transfer or increase. Notice of legal proceedings for any <br />such proposed transfer or increase shall be given to the administration <br />in the manner and within the time provided by the laws of' Colorado <br />or Kansas in such cases. <br /> <br />ARTICLE VI <br /> <br />A. (1) Nothing in tnis compact shall be construed as impairing <br />the Jurisdiction of Kansas over the waters of the Arkansas river <br />that originate in Kansas and over the waters that flow from Colorado <br />across the state line into Kdnsas. <br /> <br />(2) Except as otherwise provided, nothing in tnis compact <br />shall be construed as supplanting the administration by Colorado of <br /> <br />. ' <br /> <br /><!c""" <br /> <br />: <br /> <br />-"."'.'" <br />