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<br />. <br /> <br />~.~) <br /> <br />N <br />~ <br />h.) <br />~ <br /> <br />. <br /> <br />._~---- <br /> <br />Ron. 11. . C. Ri!l de rli del' <br /> <br />Nay 3. 19J~3 <br /> <br />_0;_ <br />/ <br /> <br />7. I have studied your proposed agreement with Kansas cover- , <br />ing the operation of Caddoa Reservoir for the period April 1 to October <br />1. 1943 and I believe that it is a proper agreement for the purposes in- <br />tended and is in conformity with the 1933 Stipulation. <br /> <br />The only qualification which I might make in this regard con- <br />cerns paragraph numbered 8 entitled "Surplus Waters". I note that l1r. <br />Knapp in his letter of April 19 sa~ he wishes to discuss this paragraph <br />wi th you. While I ha.ve SOlIE doubt as to the necessi to' of including in <br />an agreement for the April 1 to October 1. 1943 period any reference to <br />surplus water. sinoe there oan be no determination of surplus until after <br />the' termination of this period. yet I realize that the Kansas officials <br />ms.y desire some agreement on the matter of surplus. l1y suggestion is that <br />you disouss this matter further with I1r. Knapp and that if you feel that a <br />provision relative to surplus is neoess"ry and have any doubts as to its <br />legali ty you then submit to me whatever language you and ~Ir. Knapp may <br />agree upon. <br /> <br />\ <br /> <br />8. I see no objection to the modifioation of paragraph number- <br />ed 10 of the proposed agreement by the establishment of a limitation on <br />the quantity of _tel' to be oharged to Kansas in anyone month as well as <br />a limitation on the rate of now. Suoh limitations would aid in the great- <br />est oonservation for beneficial purposes of the supply and hence aid in <br />carrying out the expressed wish of the Corps of Eng;ineers that the Caddoa <br />supply be used in the best manner possible to ai d in food producti on. <br /> <br />I <br /> <br />In oonolusion I wish to express the hope that the water users in <br />the .Arkansas basin will oooperate with you in the administration of the <br />stream this season so that no question ms.y arise as to the good faith of <br />our State in oarrying out an agreement w.lnoh was made by its high offioials. <br />Anything whioh might happen to throw doubt on the intent of Colorado to <br />abide by the 1933 Stipulation will most certainly prejudioe the l1aster and <br />the United States Supreme Court against us. No one can tell what effeot a <br />breaoh of the Stipulation might have at this time. <br /> <br />I feel oonfident that in your administration of the stream you <br />will always bear in mind the guiding prinoiplesthat the ~ater must be ap- <br />plied to a benefioial use and must not be wasted. This applies to all <br />ditches in the basin. If this prinoiple is followed no ditch may complain <br />if it is necessary to restriot direot flow diversions in order to make up <br />the required deliveries to Kansas. All Colorado water users and all Colo- <br />rado officials should work in harmony to the end that there will be no <br />breach of our agreement with Kansas. By the time the 1944 ini gation <br />season arrives the United States Supreme Court will in all probability <br />