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that water accwnulated in this account has not been completely r~leased by the end of the compact year, then that water shall become conservation storage controlled by Subsection II A. D. Thirty-five percent of all water deliveries to John Marlin Reseryoir. under Subsections [[J A, [[J B, and If[ C, herein, during any compact year shall be transferred into the accounts for Kansas transit losses, for Kansas, and for Colorado Water District 67 ditches at the time of delivery in the following manner: First, transfers from deliveries shall make up deficits, if'any, in the Kansas transit loss accoWlt which result from Subsection II E (41, herein, and shall then also fill the said Kansas transit loss account to the amount of 1,700 acre-feet. Then, of all such water delivered ill excess of this specified amount, It percent of those deliveries shall be transferred to the Kansas account and 24 percent of those deliveries shall be transferrt>d to the account of the Colorado Water District 67 ditches. Transfers into the accOlmts for Colorado Water District 67 ditches shall be distribuled according to lhe percentages in Subsection 110 (3), herein; except the Amity shall not share in distributions of deliveries under Subsection III A, herein. IV. A permanent recreation pool has been authorized by the August 14, t976, Resolution of the Administration, For purposes of the Resolution, this permanent recreation pool shall be consider~ a separate account and deliveries made to it are not subject to the transfers provided in Subsection III D, herein. The permanent recreation pool will, however, stand its pro rata share of evaporation as provided in the administration's Resolution of August 14, 1976. V. In the event of injury either to entities in Colorado or to Kansas, there shall be restitution from the first account water thereafter available from the entity receiving improper benefits. The engineering committee shall quantify such injury, subject to the approval of the Administration. VI. Adoption of this resolution does not prejudice the ability of Kansas or of any Colorado ditch to object or to otherwise represent its interest in present or future cases or controversies before the Administration or in a court of competent jurisdiction. VII. This agreement shall be, and continue to be, in full force and effect from and after the date of execution of this resolution until March 31, 1981, and year to year thereafter subject to lhe following provisions: A. Not later than Noyember 15 of each year, the Colorado Division Engineer shall make an accounting of the operation Wlder this resolution for the previous compact year available to the Operations Committee of the Administration and to in- terested parties. Either Colorado or Kansas, through its com- pact delegation. may then terminate this resolution on the next succeeding March 31 by giving written notice to the ad- ministration by February 1 of the same compact year. B. In the event this resolution is so terminated, then entities storing water in accounts prior to such termination may utilize such water during the next irrigation season under the provisions of this resolution. Water not utilized by the following November 1 shall revert to conservation storage. -44- -----: