WSP01515

• File Number: 8111.600
• Description: ARCA Annual Reports
• Basin: Arkansas
• Date: 12/9/1980
• Author: ARCA
• Title: Thirty-Second Annual Report Arkansas River Compact Administration for the Year 1980
• Water Supply Pro - Doc Type: Annual Report

Conservation Board submit the following recommended findings of fa~t
to the Administration.:
1. That on December 14, 1948, commissioners for tbe State of Kansas
and tbe State of Colorado executed tbe Arkansas Riyer Compact
(hereina.rler referred to as the "Compact"), which Compact was
subsequenUy ratified by tbe legislature of each State and by the
United States Congress (said Document is marked Exhibit B, and a
copy is attached hereto and made a part hereof).
2. That Article VIII H of the Compact provides that:
"Violation of any of the provisions of this Compact or other actions
prejudicial thereto which come to the attention of the
Administration shall be promptly inyestigated by it. When deemed
advisable as the result of such investigation, the Administration
may report its findings and recommendations to the State official
who is charged with the administration of water rights for ap.
propriate action, it being the intent of this Compact that en-
forcement of its terms shall be accomplished in general through the
Slale agencies and officials charged with the administration of
water rights."
3. That Article IV D of the Compact also proyides that:
"This Compact is not intended to impede or prevent future
beneficial development of the Arkansas River basin in Colorado and
Kansas by Federal or State agencies, by private enterprise, or by
combinations thereof, which may involve construction of dams.
reservoirs and other works for the purposes of water utilization and
control, as well as the improved or prolonged functioning of existing
works: Provided, that the waters of the Arkansas River, as defined
in Article 111, shall not be materially depleted in usable quantity or
availability for use to the water users in Colorado and Kansas under
this compact by such future development or construction."
(Emphasis supplied)
4. That Article II of the Compact provides in part that the provisions of
this Compact are based on:
"(2) the opinion of the United States Supreme Court entered
December 6, 1943, in the case of Colorado Y. Kansas (320 U.S. 383)
concerning the relative rights of the respective States in and to the
use of waters of the Arkansas River;...."
5. That the U.S. Supreme Court in Kansas v. Colorado, 206 U.S. 46, 117
(l!l70J (said Decision is marked Exhibit C, and a copy is attached
hereto and made a part hereoO, cited in Colorado v. Kansas, 320
U.S. at 386 (said decision is marked Exhibit D, and a copy is at-
tached hereto and made a part hereof), stated that:
"... it is obvious that if the depletion of the waters of the river by
Colorado continues to increase there will come a time when
Kansas may justly say that there is no longer an equitable division
of benefits, and may rightfully call for relief against the action of
Colorado, its corporations and citizens, in appropriating the waters
of the Arkansas for irrigation purJXlses."

That the U,S, Supreme Court in 1943 ruled that "Kansas has not
sustained her allegations that Colorado's use has materially in-
creased, and that the increase has worked a serious detriment to the
substanlial interest of Kansas." (320 U.S. at 4(0)
6. That Trinidad Dam and Reservoir in Colorado became operational
in January, 1!l77. That Trinidad Reservoir is located on the

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