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<br />'-"" <br /> <br />1)31<32'3 <br /> <br />%i,tP~.~~;;:.~:.:..~':(\', . <br />.. ."~.' <br /> <br />-5- <br /> <br />:.,:.(:...:..... <br /> <br />tion require. and may be aooomplished only by the storage of water in the ir- <br />rigation pool. - water conservation by the storage of streamflows heretofore <br />unused and wasted, to make them water supplies available for additional di- <br />version and increased use in the two States; and streamflow regulation by the <br />storage of streemflows heretofore appropriated. diverted and used, to make <br />them available when and as needed by lands and orops, rather than when they <br />ooourred under pre-Caddoa oonditions. <br /> <br />11. With respect to the plan of reservoir operation assumed by Kansas, <br />and the treatment thereunder of "Caddoa flaws heretofore used in Colorado" <br />as unavailable for storage, Colorado's position is that, while such appro- <br />priated streemflows may not be available for storage in the sense that they <br />may be withheld from present Colorado owners and users, or be divided with, <br />or allocated to others by this Co~mission or any proposed compact, they are <br />streamflows physically available for storage which could be stored for pur- <br />poses of regulation. and for release from the reservoir to present Colorado <br />owners and users in acoordanae with their established rights; and that any <br />assumed or adopted plan for the operation of the irrigation pool in Caddoa <br />reservoir must contemplate and provide for the regulation of "Caddoa flows <br />heretofore used in Colorado." <br /> <br />12. Again with respeot to the plan of reservoir operation assumed by <br />Kansas. and the treatment thereunder of "Caddoa flows heretofore used in <br />Kansas" as available for storage, Colorado's position is that Caddoa flows <br />heretofore used downstream in both States should be treated as available for <br />storage for purposes of regulation. but should not be considered, "new water" <br />to become available for additional diversion and increased use by reason of <br />Caddoa reservoir operations; and that in the document under discussion, and <br />in the tabulations descr'ibed as "tending to show the amount of new water," <br />the reported "amounts of usable water" should be diminished by deducting <br />therefrom the amounts of "Caddoa flows heretofore used in Kansas." <br /> <br />13, Since total flow at Caddoa averaged 295,700 acre feet annually, <br />and sinoe 190,000 aore feet thereof are considered "available for storage" <br />by Kansas, it follows that the remaining 105.700 aore feet Were considered <br />unavailable for storage. Fram the method by which Kansas calculated the <br />190,000 aore feet oonsidered "available for storage." the remaining 105,700 <br />acre feet appear to represent the "depletions" incident to diversions by <br />ditohes downstream in Colorado. - which for all ditohes in Water District 67 <br />averaged 158,900 acre feet annually. Inherent in the Kansas procedure are <br />assumptions that Colorado' Distriot 67 ditches diverted 53.200 acre feet fr'om <br />sources entering the river below Caddoa, and 105.700 acre feet from the river <br />passing Caddoa. Inasmuoh as return flows to the river are small in that sec- <br />tion between Caddoa and Lrunar, where diversions total 132,400 acre feet'an~ <br />nually, but are relatively large in the lower reaches of the Lamar-Stateline <br />seotion, below the headgates of all major and most of the minor ditches in <br />Water District 67, the validity and aoouracy of the assumptions inherent in <br />the Kansas method of oalc~lation are questionable. <br /> <br />14. As shown by the submitted tabulation, the 190,000 aore feet annual- <br />ly of Caddoa flow, considered by Kansas as "water available for storage," is <br />