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<br />:. <br /> <br />':) <br /> <br />The stipulation of 1935, among other things, provides <br /> <br />N <br />..;:.. <br />r-;l <br />,:;. <br /> <br />"That the construction and operation of said dam <br />and reservoir shall not disturb the status quo of <br />the diversion of water for beneficial uses from <br />said Arkansas River by the ditches and canals now <br />constructed and operated in both of the States of <br />Colorado and Kansas. IT IS UNDERSTOOD t~D AGRZED <br />that in order to maintain the status quo of said <br />diversion as hereinabove referred to there shall <br />be allocated to the State of ~ansas for delivery at <br />the State line in the Arkansas River from Colorado <br />into Kansas, a quantity of watar up to 77,000 acre <br />feet annually, of which amount 52,000 acre feet there- <br />of shall be delivered to the State line during the <br />irrigation season from April 1 to October 1 of each <br />year as and when required bv the Kansas state water <br />officials, and '25,000 acre feet thereof to be de- <br />livered during the non-irrigating season from Octo- <br />ber 1 to April 1 at such times and in such amounts <br />as same could be diverted and used for irrigation <br />or storage; and for irrigation of lands in Colo- <br />rado below said reservoir a quantity of "ater up to <br />160,000 acre feet annually. <br /> <br />~ <br /> <br />~ <br /> <br />"If the flow of water in the Arkansas F~ver into the <br />reservoir, and into the t~kansas River below the <br />reservoir from other sources than the reservoir, <br />shall be insufficient to supply the total amount <br />allocated as provided in paragraph 2 hereof; then <br />in that event, the said "\'Caters shall be pro rated <br />between Colorado and Kansas in the relation herein- <br />above in paragraph 2 hereof set forth. <br /> <br />.~ <br /> <br />~Ster the allocation of water as provided in the <br />next preceding paragraphs, all additional water <br />which mav be imnounded in said reservoir, excepting, <br />always the amounts of water discharged for flood <br />control purposes, hereinafter referred to, shall <br />constitute surnlus and shall be allocated one-half <br />to Colorado and one-half to Kansas, said surplus to <br />be determined April 1, annually, or such other dcte <br />as may be mutually agreed upon by wster officials of <br />the tv.-o states, and the amount allocated to each <br />state shall be discharged from said reservoir from <br />time to time on request of the ~ater Officials of <br />each state respectively for the y,ater allocated to it, <br />but the release of. such .;ater -"rl demaEld shal1~not-"".~ <br />-'considered as constituting any ?art of the amounts <br />specifi~d in D~ragr2nh 2 herein. <br /> <br />2. <br />