WSP03823

• File Number: 8135.300
• Description: Ditch Companies - Catlin
• State: CO
• Basin: Arkansas
• Water Division: 2
• Date: 1/29/1976
• Author: D Helton R McCabe
• Title: Catlin Transfer Plan and John Martin Permanent Pool Operation
• Water Supply Pro - Doc Type: Report/Study

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Appendix A (Continued)

Page 4 of 7

F. In the event the administration finds that within d perIod
of fourteen days the water in the conservation pool will be or is
liable to be exhausted, the administration shall forthwith notlfy
the state engineer of Colorado, or his duly authorized representdtive.
that commencing upon d day certain within said fourteen day perlod,
unless a change of conditions justifies cancellation or modification
of such notice. Colorado shall administer the decreed rights of
water users in Colorado water district 67 as against each other and
as against all rights now or hereafter decreed to water users divert.
ing upstream frarn John Martin dilm on the basis of relative prior.
fties in the same manner in which their respective priority rights
were administered by Colorado before John Martin reservoir began to
operate and as though John Martin dam had nat been constructed.
Such priority administration by Colorado shall be continued until
the administration finds that water is again available in the
conservation pool for release as provided in this compact, and timely
notice of such flnding shal J be given by the administration to the
state engineer of Colorado or his duly authorized fepresentative;
provided, that except as controlled by the operat1on of the preced1ng
provisions of this pardgrd?h and otner appl icable provisions of
this compact, when there is water in the conservation pool the
water users upstream fron John ~"artin reser\loi.r sha,\\ not '::le affected
by the decrees to the ditChes Tn ColoradO water district 67. Except
when administration in Colorado 1$ on a pr10rity basis the water
diversions in Colorado water district 67 shall be administered by
Colorado in accordance with distribution agreements made from ti:r.e
to time betl~ee{1 the water users in such district and fIled Iol1th the
administration and with the state engjnee~ of ColoradO or, 1n
the absence of such agree1llent, upon the basis of the respective
priority decrees, as against each other, in said district.

G. During periods when Colorado reverts to administration of
decree priorities, Kansas shall not be entitled to any portion of
the river f\ow entering John Mart1n reservoir. Waters of the ArKansas
river originating in Colorado which may flow across the state line
during such periOds are hereby apportioned to Kansas.

H. If the usable quantity and availability for use of the
waters of the Arkansas river to wdter users in Colorado water district
67 and Kansas will be thereby materially depleted or adversely
affected, (1) priority r1ghts now decreed to the ditChes of Colorado
water district 67 shall not hereafter be transferred to other water
districts in Colorado or to points of diversion or places of use
upstream from John ~artin dam; and (2) the ditch diversion rights
from the Arkansas river in ColoradO I/ater district 67 and of Kansas
ditches between the state line and Garden City Shall not hereafter
be increased beyond the total present rights of Sdid ditches. without
the administration, 1n eitiler case (1) or (2), mak.ing findings of
fact that no such depletion or adverse effect will result from SuCh
proposed transfer or lncr~ase. ~otice of legal proceedings for any
such proposed transfer or in:rcase shal I be given to the administration
in the manner and \t/ithin the time provided by the laws of :olorado.
or Kansas in such Cdses.

ARTICLE VI

A. (1) Nothing in th1S compdct shall be construed as impairing
the jurisdiction of Kansas over the waters of the Ark.ansas river
thdt originate 1n Kdnsas and Olier the waters that flow from Colorado
across the stdte line into Kansas.

(2) Except as otherwise provided, nothing in this compact
shall be construed as supplanting the administration by Colorado of
the rights of appropriators of waters of the Arkansas river 1n said
state as decreed to sdid appropriatOrs by the courts of Colorado,
nor as lnterfer1nq with the d;strlbution among sal~ dPDropriators
by Colorado. nOf as Curtailing the diversion and use for irrigation
and other benefiCIal purposes ln Colorado of the waters of the
Arkansas river.

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