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<br />I <br /> <br />:i-j <br />'~b <br /> <br />('~--l <br /> <br />,;~ <br />"'en <br />'Ut <br />...~ <br /> <br />,". , <br />, <br /> <br />.., <br />:., <br />'-,' <br /> <br />\ .: <br /> <br />ZORICH, SPRONK a ASSOCIATES, INC. <br /> <br />Page 3 <br /> <br />The intent of the Compact was to : <br /> <br />(1) settle existing <br /> <br />disputes and remove causes of future controversy between the <br /> <br />States of Kansas and Colorado; and (2) equitably apportion <br /> <br />the benefits arising from the construction of the John Martin <br /> <br />Reservoir project both between the two states and also between <br /> <br />the water users in Colorado upstream and downstream of the <br /> <br />newly constructed reservoir. The Compact is quite clear in <br /> <br />regards to the latter intention. Paragraph C of Article IV <br /> <br />states: <br /> <br />"The conservation pool will be operated for the <br />benefit of water users in Colorado and Kansas, <br />both upstream and downstream from John Martin <br />Dam... n <br /> <br />The Colorado Compact Commissioners, in their letter submitting <br /> <br />the Compact to the Governor and General Assembly of the State <br /> <br />of Colorado for approval and ratification, again emphasize <br /> <br />this intent: <br /> <br />"...it (the Compact) recognizes and provides for <br />improvement of water rights in Colorado above <br />John Martin Reservoir and. assures water users <br />in Colorado below said Reservoir with a greatly <br />improved and regulated water supply." <br /> <br />The operation of John Martin Reservoir according to the <br /> <br />procedures contained in the Compact did not result in the most <br /> <br />efficient use of the water stored in the conservation pool, <br /> <br />however. When releases of conservation pool storage were begun <br /> <br />under the provisions of Article V of the Compact, the ditches <br /> <br />below the reservoir had to either use the water or lose it, <br /> <br />regardless of whether or not they needed the water at the time. <br />