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<br />Purgatoire River. a tributary of the Arkansas River, entering the <br />main stem of the Arkansas River above JOM Martin Reservoir. <br />7. That the District Court of Colorado, Las Animas County, decree in <br />Ciyil Action No. 19793, dated April 15, 1965 (said decree is marked <br />Exhibit E, and a copy is attached hereto and made a part hereof), <br />states: <br />"5. That the Petitioners' storage of water in the Trinidad Reservoir <br />under the Model Reseryoir Right shall be regulated in such a <br />manner that the quantity of water occurring in the Las Animas or <br />Purgatoire River at a gauging station on said River below Von <br />Bremmer Arroya shall remain and be the same, as determined by <br />the State Engineer, during any period of ten consecutive years <br />reckoned in continuing progressive series beginning with January 1, <br />1954 as it would have been had the Model Reseryoir Right not been <br />transferred to the Trinidad Reservoir .... <br /> <br />6. That the storage of water in Trinidad Reservoir under the <br />transferred Model Reseryoir Right shall at all times be conducted in <br />accordance with, subject to, and goyemed by: <br />(a) The Constitution, laws and policies of the United States of <br />America; <br />(c) The Arkansas River Compact; <br />(d) This Decree; <br />(e) The conditions of operation of the Trinidad Dam and <br />Reservoir Project prescribed by House Document 325, 84th <br />Congress, Second Session, January 30, 1956, as implemented by <br />Article IV of the 'Operating Principles - Trinidad Dam and <br />Reservoir Project' which is appended to Volume 1 of the United <br />States Bureau of Reclamation Irrigation report on said project <br />(Revised September, 1964>, subjeclto such future modifications, <br />deletions or additions consistent with said House Document as <br />may be authorized by this Courl...." (Emphasis supplied) <br />8, That the minutes of the special meeting of the Administration held <br />on June 6,1967, in Lamar, Colorado, state that Mr,. Felix Sparks: <br />"Moyed that the document of March 20, 1967, submitted to Goyemor <br />Docking and signed by H.P. Dugan and countersigned by Dr. <br />Donnelly be approved by the Arkansas Riyer Compact <br />Administration. Mr. Green seconded the motion and after some <br />discussion the motion was carried by yote of the states,".... (Said <br />document is marked Exhibit F, and a copy is attached hereto and <br />made a part hereof.) <br />9, That the document attached hereto as Exhibit F contained "Five <br />Conditions - State of Kansas" which read in part as follows: <br />"3. Assurances that there will be no signiricant increase in water <br />use which would result in a depletion of water yield to other <br />Colorado and Kansas water users. <br />4. That 5 years after beginning operation of the Trinidad Reservoir <br />{or irrigation purposes, the operating principles be reviewed to <br />determine the effect, if any, the operation has had on other Colorado <br />and Kansas water users and the principles amended as necessary. <br />Each 10 years thereafter, reyiews should be provided with amend- <br />ments as needed," (Emphasis supplied) <br />10. That based on the records of Mr. Robert Jesse, Diyision Engineer <br />for Water Diyision No. 2 of the State of Colorado, it has been <br />determined : <br /> <br />-14- <br />