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<br />18'78 <br /> <br />8.4 Alternative Delivery Mechanisms <br /> <br />Legal Issues and Obstacles <br /> <br />Alternative delivery scenarios are based upon the ,use of various headgates, ditches, storage <br />reservoirs, consistent with current Colorado law. Fro~ a legal standpoint, development of a water <br />bank involves resolving issues of: ' <br /> <br />a. Establishing conditions so that others, including FLCC shareholders, the company itself, and <br />holders of other vested water rights are not injured, and so that the provisions of the <br />Arkansas River Compact are not violated. <br />b. Securing permissions for use of facilities and operations. <br />c. Movement to storage from the place of current irrigation use. <br />d. Place of storage. <br /> <br />A water bank provides a method to administer water transfers through a substitute water supply plan, <br />which can develop over several years on a trial basis. <br /> <br />Arkansas River Compact and Ordinary Non.Injury Standards <br /> <br />Article IV D of the Arkansas River Compact provides: <br /> <br />This compact is not intended to impede or prevent future beneficial development of the <br />Arkansas River Basin in Colorado and Ka~as by federal or state agencies, by private <br />enterprise, or by combinations thereof, which !may involve construction of dams, reservoirs <br />and other works for the purposes of water utilization and control, as well as the improved <br />or prolonged functioning of existing works: provided, that the waters of the Arkansas River, <br />as defined in Article III, shall not be materially depleted in usable quantity or availability for <br />use to the water users in Colorado and Kansas under this compact by such future <br />development or construction. <br /> <br />To protect water users in Colorado and Kansas from ~lnjury, the historical return flows will need to <br />be calculated each year as that year's water bank participants are determined. Return flows will need <br />to be separated for both above and below John Martin Reservoir, calculated by month, and <br />administered on a daily basis. <br /> <br />While ordinarily in transfer decrees credit is given for anticipated return flows at the new place of <br />use, in a water bank where the intention is flexible uti,lization at various places for various uses, the <br />assumption will be made that there will be no futun} return flows from the new uses unless such <br />return flows can be definitely established by the newi user. <br /> <br />Perhaps the most difficult problem in assuring return flows is to maintain return flows below John <br />Martin Reservoir. Return flow releases and deliveries to users below John Martin Reservoir could <br />be made year round if releases were made from an account in John Martin Reservoir. The 1980 <br />Operating Plan, as amended, establishes accounts, including an account for the FLCC. The FLCC <br />account is currently for agricultural purposes only, ~nd may be filled during the Winter Storage <br />Program under 84 CW 179 to a total capacity of 20~000 ac. ft. The account must be emptied by <br /> <br />8-8 <br />