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. <' -, 'J N ~ .f',) o . -, Hon. N. C. Hinde rli der -4- 1'lay 3. 1943 3. Under the 1933 Stipulation Colorado is obligated to deliv- er to Kansas the following (paragraph 2). "a quantity of water up to 77.000 acre-feet annu- ally. of which amount 52.000 acre-feet thereof shall be delivered to the Stateline during the irrigation season fr~ April 1 to October 1 of each year as and when re- quired by the Kansas State water officials. and 25.000 acre-feet thereof to be delivered during the non-irri- gating season from October 1 to April 1 at such times and in such amounts as same could be diverted and used for irrigation or storage." In paragraph n~bered 1 above I have said that in my opinion the ( allocation provision of the stipulation is effective. Hence we.ter must bel delivered to Kansas in accordance with paragraph numbered 2 of the stipula-\ tion. In that paragraph there is no distinction made between water im- : pou:,"ded.in the reservoi:- and the.so-cal-led ru:-tural flow of the strew:'. The!). obllga~lon of ~o~orado 1S. to d~llver e. certaln amount of wate:-.. It.1S 'r' clear 1n my Op1nlOn that lf th1S oannot be secured from quant1 t~es J.mpound- ~ ed in Caddoa then the defi cienoy must be made up from the natural flow. ' 4. If the Caddoa supply is not sufficient to supply the Kansas share and it is necessary to use natural flow for that purpose. then in order to make up the deficiency Colorado diversions must be restricted in the order of priority for that purpose. \ 5. In the event it becomes necessary to restrict Colorado diver- sions in order to satisfy the obligation to Kansas. then such restrictions e.pply to all ditches in the Arkansas P~ver basin in Colorado ~~d not just to the Colorado ditches. diverting below Caddoa. The situation under such cireumstances would be in effect that Ka.~sas had the ~,ulnber 1 priod ty at the state line. ~ _ -'..: -. ,- ;.-:-" /.. ; -,... - I ': ~-c . ~ ,- - ,. . ," . ..' h." ~ . /' 6. In the exercise of your discretion as State Engineer you should so far as possible maintain a balance between the deliveries to Kansas end the Colcrado diversions -oelow Caddoa. This is both desirable and neces- sary in order to carry out the 1933 Stipulation. You say that you hnve ten- tatively agreed with the Kansas State Engineer that the April to October Colorado diversions below Caddoa amount to 117.900 acre-feet as compared to the agreed amount of 52.000 acre-feet to Kansas for the same period. The Colorado diversions and Kansas deliveries should be kept as near the agreed proportions as can be done with regard for the all controlling principle that the water must be beneficially used and not allowed to run to waste.