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<br />;fOTAL MONTHLY STREAMFLOW IN ACRE-FEET21
<br />
<br />(INFLOW) NORTH PLATTE RIVER AT WYO.-NEBR. STATE LINE (1929-1980)
<br />
<br />Jan. Feb. March April May
<br />46,205 55,977 258,440 262,305 444,436
<br />11,144 10,884 11,789 10,392 8,422
<br />22,354 20,709 29,603 33,738 70,668
<br />
<br />High
<br />low
<br />Mean
<br />
<br />High
<br />low
<br />Mean
<br />
<br />July
<br />220,660
<br />37,563
<br />84,516
<br />
<br />Aug.
<br />225,462
<br />9,487
<br />71,735
<br />
<br />Sept.
<br />144,753
<br />13,715
<br />47,340
<br />
<br />Oct.
<br />89,000
<br />9,359
<br />31,175
<br />
<br />Nov.
<br />60,907
<br />10,358
<br />26,1 61
<br />
<br />June
<br />616,786
<br />1 2,342
<br />91,903
<br />
<br />Dec.
<br />55,016
<br />13,461
<br />24,873
<br />
<br />(OUTFLOW) NORTH PLATTE RIVER AT NORTH PLATTE (1930-1980)
<br />
<br />Jan. Feb. March April May June
<br />163,402 155,863 202,725 2 1 1 ,891 275,181 41 6,1 44
<br />17,796 17,927 21,157 19,445 15,733 13,545
<br />39,414 41,940 50,503 46,354 54,483 52,675
<br />July Aug. Sept. Oct. Nov. Dec.
<br />131,579 151,121 183,798 241,949 185,206 186,992
<br />6,756 2,613 5,767 18,231 18.644 18,227
<br />66,387 60,857 38,857 51 ,51 3 46,975 41.358
<br />
<br />High
<br />low
<br />Mean
<br />
<br />High
<br />low
<br />Mean
<br />
<br />Figures rounded to nearest whole number
<br />
<br />What we have then is a situation where
<br />three States assert claims against a river,
<br />whose dependable natural flow during the
<br />irrigation season has long been over appro-
<br />priated, claims based not only on present
<br />uses but on projected additional uses as
<br />well. The various statistics with which the
<br />record abounds are inconclusive in showing
<br />the existence or extent of actual damage to
<br />Nebraska. But we know that deprivation of
<br />water in arid or semi-arid regions cannot
<br />help but be injurious.23
<br />The decree entered in the case places upper
<br />limits on the total amount of acres to be irrigated,
<br />storage of water for irrigation, export of water out
<br />of the basin to Colorado, acres to be irrigated
<br />above Guernsey Reservoir, and storage of water
<br />for irrigation above Pathfinder. The decree
<br />further-fixes the relative storage rights to Path-
<br />finder, Guernsey, Seminoe, Alcova, and Glendo
<br />Reservoirs, among themselves and in that order,
<br />as long as they do not interfere with the priority
<br />decreed for the French Canal and the State Line
<br />Canals in Nebraska. Finally, the natural flow from
<br />May to September in the Guernsey Dam to Tri-
<br />State Dam section of the river is apportioned
<br />twenty-five percent to Wyoming and seventy-five
<br />percent to Nebraska. The court also retained
<br />
<br />1-10
<br />
<br />jurisdiction of the suit, allowing the parties to
<br />apply for amendment of the decree for anyone of
<br />a number of reasons, including "Any change in
<br />conditions making modification of the decree or
<br />the granting of further relief necessary or appro-
<br />priate.,,24 The Glendo Dam, Reservoir, and
<br />Powerplant was constructed by negotiation and
<br />agreement among the states of Nebraska,
<br />Colorado, and Wyoming with the approval of
<br />Congress and was also approved as a stipulation
<br />to the decree by the United States Supreme
<br />Court on January 11, 1953.25
<br />The specific terms of the decree may be
<br />summarized as follows:
<br />
<br />1. Colorado is limited to:
<br />
<br />a. Diverting no more water from the North
<br />Platte River and its tributaries than
<br />necessary for the irrigation of 145,000
<br />acres in Jackson county during one
<br />season;
<br />b. Storing no more than 17,000 acre-feet in
<br />Jackson county between Oct. 1 and Sept.
<br />30;
<br />c. Exporting to another basin no more than
<br />60,000 acre-feet in any 1 O-year period.
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