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Last modified
1/26/2010 12:55:18 PM
Creation date
10/12/2006 12:18:48 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8103.400
Description
Arkansas River Basin Legislation - Compacts
State
CO
Basin
Arkansas
Water Division
2
Date
4/30/1949
Author
Unknown
Title
Arkansas River Compact - Hearings before a Subcommittee on Irrigation and Reclamation of the Committee on Public Lands - April 30 1949
Water Supply Pro - Doc Type
Report/Study
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<br /> <br />OC1224 <br />6 <br /> <br />ARKANSAS RIVER COMPACT <br /> <br />11(2) In each even numbered year the Administration shall adopt and transmit <br />to the Governor of each State 'its budget covering anticipated expenses for the <br />forthcoming biennium and the amount thereof payable by each State. Each <br />StJlte shall appropriate and pay.the amount due by it to the,'Administration. _ <br />"(8) The Administration shall keep accurate accounts of all receipts and dis- <br />bursements and shall include a statement thereof, together with ,1;). certlftcate <br />of audit by a certified public accountant, in its annual report. Each State shall <br />have the rIght to make an examination and audit of the accounts of the Admin- <br />istration at any time. <br />"F. Each State shall provJde such available facilities, equipment, and other <br />assistance as the Administration may need to carry out its duties. To supple- <br />ment such available assistance the Administration may emplo;r engineel'ing, legal, <br />clerical, and other aid as in its judgment may be necessary for- the performance <br />of its functions. Such employees shall be -paid by and 'be responsible to the <br />Administration, and shall not be considered to be employees of either State. <br />uG. (1) The Administration shall cooperate with the chief official of each <br />State charged with the administration of water rights and with Federal agencies <br />In the systematic determination and correlation of the facts as to the flow and <br />dIversion of the waters of the ,Arkansas River and as to the operation and silta. <br />tlon of .John Martin Reservoir and other related structures. 'I'he Administration <br />shall cooperate in the procurement, interchange, compilation and publication of <br />all factual data bearing upon the Administration of this Oompact without, in <br />general, duplicating measurements, observations, or p~blications made by State <br />or Federal agencies. State official~ shall furnish pertinent factual data to the <br />AdmInistration upon its request. The Administration shall, with the collabora~ <br />tlon of the appropriate Federal and State agencies, determine as may 'be neces. <br />sary from time to. time, the location of gaging stations required for the proper <br />admInistration of this Compact ~lld shall desIgnate the o.fficial records of such <br />stations for. its official use. . <br />"(2) The Director, '0. S. Geo.logical Survey, the Commissloner of Reclamation, <br />and the Chief of Engineers, U. S. Army, are hereby requested to collaborate with <br />the Administratio.n and with appro.priate State officials in the_ systematic deter~ <br />minatio.n and correlation of data referred to. in paragraph G (1) o.f this Article <br />and in the execution of -other duties of such officials which may be necessary fo.r <br />the proper adminIstration of this Compact. <br />"(8) If deemed necessary fo'r the adminiE)tratio.n of this Compact, the Admin~, <br />istratlon may require the insta~lation and maintenance, at the expense of water <br />users, of measuring devices of approved type in any ditch or group o.f ditches <br />diverting water from the, Arkansas RIver in CoJorado or Kansas. The chief <br />official of each State charged with, the administration of water rights shall super. <br />vise-the executlQn of the Administration's requirements.for,such_installations. <br />lOR. Violati9n of any of the provIsions of this OomPact or other actions preju~ <br />dicial thereto Which come to the attention of the Administration shall be promptly <br />investigated 'by it. When deemed advIsable as the result of such investigation~ <br />the Administration may report Its findings and- recommendations'to the State <br />official who is c.harged with the administration of water rights for appropriate <br />action, it betp.g the Intent o.f this Compact that enforcement of Its terms shall be <br />accomplished in general through the State agenci.es and officiall1! charged with. <br />the adminIstJ;'8tion of water right!;!. <br />"I. Findings of fact made by the Admlnistratio.n shall not be conclusive in any <br />court or befor~ any agency or tribunal but shall constitute prima facie evidence <br />of the facts, found. <br />"J. The Adll),tnistration shall report annually to. the Governor of the States and <br />to the President of the United States as to matters within its purview. <br /> <br />flARTIOLE IX <br /> <br />!lA. This Oompact shall become effective, when ratitled by the Legislature of <br />each State and when consented to by the Congress, of the United States by legis. <br />lation providing substantially, among .other things, as follows: <br />" 'Not.hing contained in this Act or in the Compact herein consented to shall <br />be construed as impairing or atrectlng the sovereignty of the United States or <br />lany of its rights or jurisdiction in and over the area or waters which are the <br />subject of such Co.mpact: Provf.detl, That the Chief of Eng-ineers is hereby .author~ <br />fzed to operate the conservation features .of the John Martin Reservoir Project <br />in a IDanner conforming to such Oompact with such exceptions as he and the <br />Administ.ratIon created pursuant to the Compact may jointly approve.' <br /> <br />',,' <br />
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