WSP03052

• File Number: 8143.600.30A
• Description: John Martin Reservoir - Other Studies
• State: CO
• Basin: Arkansas
• Water Division: 2
• Date: 2/1/1944
• Title: Plan for Operation of Caddoa Project and Administration of Rights in Arkansas River
• Water Supply Pro - Doc Type: Report/Study

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,- -- -THlf OPINION -- - --

1. Rei Interstate Relations.

The Opinion of the United States Supreme Court, delivered Decem-

ber 6, 1943, in the C8.Be of Colorado v. Kansas, et aI, is governing in the

formulation of the interstate arrangements herein proposed, and is import-

ant with respeot to both the Court's findings and the regulations it de-

olined to impose.

By dismissing the cross-bill of Kansas, the Court deolined to 1m-

pose on the Arkansas River a system of administration, as prayed for there-

in, based on a single sohedule oontaining the individual priorities of all

ditches in both States without regard for the intervening StatelineJ and

declined, as prayed for in lieu thereof, to define the right of Kansas, in

the .....ter supply of the Arkansas River in Colorado, in second feet or aore

feet, or to. cbligate Colorado. 'to make deliveries cf water to Kansas under

any hara and fast rule.

In rejeoting; the report and recommended deoree of the Special

Master, the Court stated that the ~ls.ster erred in attempting to divide what

he desi€f1ated as the average annual dependable water supply cf the Arkansas

River in Cclcrado into fractions, and awarding those fraotions to the States

respectively.

In' explanation of its judioial oaution in adjudioating the rela-

tive rights of States, the Court pointed out that such ocntroversies in-

valve the interests of quasi-sovereigns, present ccmplioated and delioate

questions, and, due to the possibility of future ohange of oonditions (no

doubt having in mind, eJIlOng others~ suoh ohanges as may result from the

construction ~d - ~Pe~tion. of th~ -Caddoa project), -neoessitat-e- expert-