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<br /> <br />2211 <br /> <br />5. All operating records be open for inspection by any <br />qua 1 ifi ed representat i ve of the Arkansas Ri ver Compact <br />Administration. <br /> <br />The District approved the addition of these conditions to the Operating Prin- <br />c i pIes by reso 1 ut i on adopted by the Board of Oi rectors on January 26, 1967. <br />The Bureau in a 1 etter to Governor Docking of Kansas (dated March 20. 1967) <br />clearly set forth the "operating prihciples" and the five conditions in <br />one document so as to avoi d any mi sunderstandi ng in the future as to thei r <br />intent and purpose. The operating principles which were included as exhibits to <br />the repayment contract and the model decree transfer were already in place prior <br />to the letter and did not address these conditions. The June 6, 1967, minutes <br />of the Compact Admi ni strat ion indi cate thei r approva 1 of the amended operat i ng <br />principles. . <br /> <br />In 1976. prior to the supplementary decree of December 3. 1976, Highland <br />I rri gat i on Company intervened in the tnansfer of the Mode 1 decree proceedi ngs <br />in an attempt to modify the Apri 1 15. 1965 Model right to 1 imit the storage <br />transferred under that decree to 6.000 ~cre-feet or less. The Colorado Supreme <br />Court (C. S.C. No. 27492) ruled that the Model right transferred 20.000 acre- <br />feet of storage. <br /> <br />Trinidad Reservoir was declared ready to impound water on January 1, 1977. by <br />the Corps. The Colorado Di stri ct No. 19 water court dec 1 ared that storage of <br />irrigation water could commence January 1. 1977. However. storage of water <br />under the transferred Model right did not began until August 1977 and then only <br />to store a maximum of 2,140 acre-feet before storage was stopped due to <br />downstream users in Colorado enjoining to prevent storage of winter inflows. <br />The case was brought before the Colorado Supreme Court (No. 27962). and an opi- <br />nion was issued on March 5. 1979 in favor of the District. Full project oper- <br />ation commenced immediately. . <br /> <br />Since May 1979 most of the Project canals have operated using water regulated at <br />Tri ni dad Reservoi r. However. between 1979 and 1982, the Modell ands were not <br />i rri gated due to di stri buti on system rehabi 1 it i on. From 1982 through 1984 the <br />amount of Mode I acreage steadily increased. with a 11 Mode I lands i rri gated by <br />1985. <br /> <br />Concerns about Trinidad Reservoir operation were first discussed at a special <br />meeting of the Arkansas River Compact Administration called by Kansas officials <br />on June 30, 1980. The meeti ng was call ed to di scuss the pract ice of trans- <br />ferring water among the storage pools; of Trinidad Reservoir. Kansas' position <br />was that storage had occurred in violation of the Operating Principles for the <br />Trinidad Project. This issue was inve~tigated by the Compact Administration and <br />further di scussed at subsequent meet jngs without reso 1 ut ion. Addit i ona 1 con- <br />cerns over storage of water in Tri nj dad Reservoi r duri ng 1981 and 1982 were <br />raised by Kansas at the March 25, 1983 Compact Administration meeting. At this <br />meeting, in addition to the transfer of water between accounts, Kansas raised <br />questions regarding storage water accounting procedures, over diversion by <br />ditche,s within the Purgatoire River Water Conservancy District and flood flow <br />release from the reservoir. A resolution regarding the Kansas allegations was <br />presented, discussed and tabled. <br /> <br />The issues raised by Kansas continued to be a topic of discussion at Compact <br />Administration meetings. At . the December 11. 1984 meeting the Compact <br /> <br />4 <br /> <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 />