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20 o C 123 8 ARKANSAS RIVER COMPACT said users in Colorado below the reservoir may divert in accordance with what- ever distribution agreement may be in effect between them at that time. Such ,a dlstrlbution agreement is now in effect and operation-and satisfactorily so. However, it is expected that there may be times when the reservoir becomes .empty and this article gives- the administrative agency, hereinafter referred to, the right to anticipate such happening and to provide by ample notice through the State engineer (subject to change or cancellation because of change of condi- tions) for a change of administration so that all Colorado water users will switch back to the decreed priority basis as though the reservoir had never been con- structed. Provision is made for the administrative agency to time such notice 80 as not to unduly disturb the regimen of the river. It is further provided that when stored water is again available for release, notice in the same manner will be issued by the administrative agency, discontinuing the decreed priority admin- tstrRtion. It is specifically provided herein that when Colorado is on the- de- creed priority basis, Kansas shall not be ent.itled to any portion of the river flow reaching the l'eservoir. and that only such wate"!'l as may fiow acro-ss the State line during such periods shall be apportioned to Kansas. " Paragraph H of this article contains the limitation on transfers of rights from below the reservoir to any point above the reservoir, as well as the limitation upon increase of ditch diversions below the reservoir in Colorado and in Kansas beyond the total present rlghts of such ditches, and provides for a finding by the administrative agency, in respect to material depletion or adverse effect "in tespect thereto. It should be emphasized, however, that such a finding is not conclusive, but only constitutes prima facie evidence (see par. I of art VIII) ~nd that the proper court -can still pass on such question after proper notice to all parties, including the administrative agency. ARTICLE VI This article protects Oolorado as to the waters arisi.ng in Colorado, and fully recognizes Colorado's statutory system of water administration, particularly as to use for irrigation and other beneficial purposes in Colorado. It also recognizes a peculiar situation which exists as to the Frontier ditch which diverts in Oola-. rado near the State line, for irrigation uses in Kansas. Colorado, however, gets ~edit on its deliveries to Kansas for any water thus diverted into Kansas. ARTICLE VII This article is purely explanatory of terms used in the compact, and clearly states that this compact establishes no general principle 01' precedent with respect to any other interstate ~tream. ARTICLE VITI This article creates and defines the powers and duties of the administration which will be the agency to administer the provisions of the compact. There shall be three representatives from each State. Those from Colorado shall be appointed by the Governor for a term not to exceed 4 years, and shall consIst of one who shall be a resident and water~right owner in water district 67 (below the reserY'oir) and one similarly qualified :from either water district 14 0'1' water district 17 (above the reservoir), and the thfrd one shall be the director of the Colorado Water Conservation Board. The commission co'nsldered it .im~ " portant to designate the Colorado director as a member because of the respon- sibility which the Colorado law places on the Colorado "Vater Conservation Board tn all interstate water matters. Ins also provided that there may be a Federal representative on the administra- tion, who shall act as 'chairman but without a vote. Each State has but one vote, and any decision, authorization, or other action must be unanimous. " The duties of the administration shall be" purely administrative, and" in no manner judicial. Cooperation with and between_all appropriate State and Fed~ ~ral agencies is required. Enforcement of the terms of the compact shall be ac- complished through the proper State agencies and officials. Each State" shall bear the salaries, if any, and the expenses of Us own members, and all other expense of the administration shall be paid 60 percent by Colorado and ,40 percent by Kansas. All persons hired by the administration shall not be considered em~ ployees of either State, but strictly employees of the administration. Proper records shall be kept of expenses as well as factual data pertinent to the ad~ ministration of the compact.