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<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 />I <br /> <br />ditch or the river at appropriate times, and the construction of projects <br /> <br /> <br />to recharge the alluvial aquifer. Augmentation plans are subject to <br /> <br /> <br />approval by the appropriate Water Judge in COlorado. <br /> <br />South Platte River COmpact <br /> <br />This COmpact, which was signed in 1923, divides and apportions the waters <br /> <br />of the SOuth Platte River between the States of COlorado and Nebraska. The <br /> <br /> <br />principal provisions pertinent to this study may be summarized as follows: <br /> <br />(1) The SOuth Platte River in Colorado is divided into upper and <br /> <br /> <br />lower sections. The upper section is west of, or upstream from, <br /> <br /> <br />the west boundary of Washington County (Figure 1). The lower <br /> <br />section is downstream from the west boundary of Washington COunty <br /> <br /> <br />(the stream gaging station at Balzac coincides with the division <br /> <br />between the upper and lower sections). <br /> <br /> <br />(2) The stream gaging station near Julesburg, COlorado, is designated <br /> <br />as the "Interstate Station.1I This is the location at which water <br /> <br /> <br />flowing into Nebraska is measured. <br /> <br />(3) Nebraska has the full and unmolested use and benefit of all <br /> <br /> <br />waters flowing in Lodgepole Creek above the point of division. <br /> <br />Colorado has the exclusive use and benefit of all waters flowing <br /> <br /> <br />at or below the point of division. The point of division is <br /> <br /> <br />located on Lodgepole Creek, 2 miles north of the state line. <br /> <br /> <br />Nebraska also may use the channels of Lodgepole Creek, below the <br /> <br />point of diversion, and the SOuth Platte River between the mouth <br /> <br /> <br />of Lodgepole Creek and the interstate station for transporting <br /> <br />water stored in Nebraska above the point of diversion to Nebraska <br /> <br />ditches below the Interstate Station. <br /> <br /> <br />(4) Between October 15 of any year and April 1 of the succeeding <br /> <br /> <br />year, COlorado has the full use of the waters of the SOuth Platte <br /> <br />River within its boundaries, except as described below. <br /> <br /> <br />(5) Between April 1 and October 15 of each year, COlorado shall not <br /> <br />permit diversions from the lower section of the river under <br /> <br />-47- <br />