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<br /> <br />O~1222 <br /> <br />ARKANSAS RIVER COMPACT <br /> <br />"(8) Rel~ses of river tlow and.of stored.water to Colorado shall be measured <br />by gaging stations located at or near John Martin Dam and the releases to which <br />Kansas is entitled shall be satisfied by an equivale;nt in::~Sta,tel1ne flow. <br />l'(4) When water Is released from John Martin ReserVbil<'apprdprtate'aIlow'- <br />ances as determined by the Administration shall be made for the intervals of <br />time required for such water to arrive at the pOints of diversion in Colorado and <br />at the StateUne. <br />"(5) There shall be no allowance or accumulation of credits or debits for Or <br />against either State. <br />"(6) Storage, releases from storage and releases of river :flow authorized in <br />this Article shall be accompHshed pursuant to procedures prescribed by the Ad; <br />minIstration under the provisions of Article VIII. <br />"F. In the event the Administration :finds that within a perIod of fourteen_ (14) <br />days the water In the conservation pool will be or is liable to be exhausted, the <br />Administration shall forthwith notify the State Engineer of Oolorado, or his <br />duly authorized representative, that commencing upon a day certain within said <br />fourteen (14) day period, unless-a change of conditions justifies cancellation or <br />. modification of such notice, Colorado shall administer the decreed rights of <br />water users in Colorado Water District 67 as against each other and as against <br />all rights now 01' hereafter decreed to water users diverting upstream from John <br />Martin Dam on the basis of relative priorities in the same manner in which <br />their respective priority rights were administered by COlorado before John Martin <br />Reservoir began to operate and as though" John Martin Dam had not been con- <br />structed. Such priority administration by Colorado shall be continued until <br />the Administration finds that water is again available in the conservation pool <br />for release as provided.in this Compact, and timely notice- of such finding shall. <br />be given by the Administration to the State Engineer of Oolorado or his duly <br />autharized representative; Pravided, that except as cantralled by the operation <br />of the preceding provisions of this paragraph and other applicable pro.visions of <br />this Compact, when there is water in the conservation pool the water users <br />upstream from John Martin Reservoir shull not be affected by the decrees to the <br />ditches in Colorado. Water District 67. Except'when administration in Calarado <br />1s on a priarity basis the water diversions in: Colorado Water District 67 shall be <br />administered by Colorado. in accordance with distribution agreements mact"e from <br />time to time between the water users in such District and flIed with -the Adminis~ <br />tration and with the State Engineer of Colo.rada or, in the absence of such agree- <br />ment, upon the basis of the respective priority decrees, as against each o.ther, in <br />said District. <br />"G. During periods when Colorado reverts to administration of decreed priori~ <br />ties, Kansas shall not be entitJ.ed to any pOl'tion of the river flow entering Jo.hn <br />Martin Reservoir. Waters af the ArkaMas .River originating'in Colorado which <br />may fiow across the Stateline during such periods are hereby apportioned to. <br />Kansas. <br />"H. If the usable quantity and availability for use of the w~ters of the Arkansas <br />River to water users in Colorado Water Dist:dct 67 and Kansas will be thereby <br />materially depleted 0.1' adversely affected, (1) priority rights now decreed to the <br />ditches of Colorado. Water District 67 shall not hereafter be transferred to ather <br />water districts in Colorado Or to points of diversian or places of use upstream <br />from John Martin Dam; and (2) the ditch diversion rights from the Arkansas <br />River in Colorado Water District 67,and of Kansas ditches between the Stateline <br />and Garden Clty~hall not hereafter be increased beyond the total present rights <br />of said dItches, without the Administration, in either ,case (1) or (2), making <br />findings of fact that no such depletion or adverse effect will result from such <br />proposed transfer or increase. Notice of legal proceedings for any such pro~' <br />posed transfer or increase shall be given to the Administration in the manner <br />and within the time provided by the laws of Colorado or Kansas. in such cases. <br /> <br />HARTICLE VI <br /> <br />"A. (1) Nothing in this Campact shall be construed as impairing the jurisdic- <br />tion of Kansas over the waters af the Arkansas River that originate in I{ansas <br />and over the waters that ttow from Calorado across the Stateline into Kansas. <br />"(2) Except as otherwise provided, nothing in this Campact Shall be construed <br />as supplanting the administration by Colorado af the rights of appropriators of <br />waters of the Arkansas River in said State as decreed to said appropriators by <br />the courts of Ca~orado, nar as interfering with the distribution among said ap- <br /> <br /> <br />;_. <br /> <br /> <br /> <br />'.'.':. <br /> <br />," <br />