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<br />
<br />O:'12SG
<br />38 v
<br />
<br />ARKANSAS RIVER COMPACT
<br />
<br />Flood-control operations of J'ohn Martin Reservoir are designed to prevent or
<br />reduce the damages, from Arkansas River floods originating upstream from
<br />enddoR, to lands and property in Colorado and K'ansas downstream from OnddoR.
<br />Reservoir operations for conservation purposes will' permit regulation of the
<br />normal flows of the Arkansas River at eaddoR that previously were diverted by
<br />irrigators downstream in ColoradO aud Kansas when and as they occurred,
<br />thereby making such flows available for diversion more nearly when and as needed
<br />for the irrIgation of crops j and will enable capture and conservation, for additional
<br />diversion aud increased use in both States, of the flood flows of the Arkansas
<br />River at CaddoR (up to the available capacity of the conservation pool) that were
<br />pr,eviously incapable of being diverted or used in either State.
<br />It has been estimated, on tke assumption of recurrence of river flow as re~
<br />corded for the 35Myear period from 1908 to 1942, that sedimentatiom of the reser.
<br />voir-unless otherwise checked or prevented-will de_crease the effective capacity
<br />of the conservation pool to about one-half in 34 years and will end its useful life
<br />for conservation purposes in about 68 years" Silt surveys to determine- progreSSive
<br />sedimentation of the reservoir are made periodically by the Corps of Engineers.
<br />By the fact of its existence, the John Martin Reservoir project, though not
<br />affecting the equIties of apportionment of water between Colorado and Kansas,
<br />actually constitutes the key structure in the iropleroenation of any plan of
<br />apportionment. Except for the uncontrolled tributary inflows and return flows
<br />from irrigation usage which come into the Arlmnsas mainstem below CaddoR,
<br />the operation of the John Martin project for waterMconservntion purposes will be
<br />the controlling factor in regUlating the flow of water to Oolorado irrigation
<br />ditch~s below the dam site and to the ColoradoM~al;lsas State line. ,That operating
<br />function being vested in the Corps of Engineers gives the United States an inti-
<br />mate interest and inescapable responsibility in the administration of the pro-
<br />posed compact. This signiflcan.t ;fact has been clearly recognized. by the Chief
<br />of' Eng{neers in collaboratIng with the negotiating commissioners in the drafting
<br />of the proposed compact.
<br />
<br />SIDClTION 6. INTERESTS OF THE SIGNATORY STA'I'ES
<br />The primary concern of the States of Colorado and Kansas in-the proposed com.
<br />pact is to attain a definitive solution to- their perennial problem of apportion~
<br />ment of the waters of the Arkansas River. That aim required thorough considera-
<br />tIon of past uses and the formulation of a mutually satisfactory and beneficial
<br />basis for future division.
<br />The apportionment which the States have agreed upon in article V of the
<br />proposed compact is virtually a self~imposed rationing system. As such, and since
<br />no appropria~ed water rights are vested in the United States in this particular
<br />case, conclusions as to its equity_ and propriety must rest with the States themM
<br />selves.
<br />The terms of the interstate apportionment, which establishes a division
<br />of watel' between Colorado and Kansas generally on a 60-40 basis, are
<br />boldly progressive in at least one significant respect: bookkeeping as to water
<br />deliveries to' the States; 1. e., carrying forward of credits and debits due
<br />. to variations from the 60-40 ratio is deliberately precluded in the admin-
<br />Istration of the proposed compact. This simplification puts administration .
<br />on a daYMto-day basis unhampered by the potential problems and wrangles
<br />that would arise from periodic adjustment or balancing of water accounts.
<br />The philosophy underlying this simplified yet sensible concept of apportion~
<br />ments and administration is that calls for water from John' Martin Reservoir
<br />are to be. governed by commonHsense requirements and some administrative,
<br />discretion rather tuan rigid adherence to the 60-40 apportionment, thus
<br />heeding the .Supreme Court's admonition as to lIexpert administration rather
<br />than ... ... lie imposition of a hard and fast rule."
<br />The practicability of administering the apportionment agreement is a major
<br />point of. concern to the United States because .the John Martin project, .upon
<br />which implementation of the agreement depends, is controlled, operated,
<br />and maintained by' a Federal agency, the ,Corps of Engineers. As has been
<br />pointed out earlier in tIds report, administrative disagreements affecting
<br />the operation of the John Martin project inevitably involve the Corps of
<br />Engineers. It is therefore essential, both from the standpoint of the - United
<br />States as well as that of the .signatory States, that the formula for control
<br />and division of the water be so clearly expressed that it can be put into
<br />practice and administered without misunderstandings and'. disputes. This
<br />
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