WSP04705 - Laserfiche WebLink

Home Browse Search

. <::) . , N ~ l'\;.'. 1:.11 . . -. --\---- .' 5. All exchanges of water bet~een the Colorado ditches whose heedgetes are belo~ said reservoir and those ~hose headgates are above said reservoir shall be confined end limited to, and supplied from Colorado's portion of the SU1':Jlus ~€ters stored in said reser- voir, as provided for in paragraph 4, hereof, and all such exchanges shall be charged against Colo- rado's share of the surplus in sscertaining the 50-50 division between the tr:o ~.tates. Any water releases from said reservoir for flood control or because of lack of reservoir capacity shall not be charged to either State unless such releases are coincident with the request for water on behalf of said State or the use and diversion by the, ditches in such State, and then only to the eA~ent of the re~uest or use so made by it, in uhich event it shall be charged against the State so requesting or using the amount so requested or diverted. . The provisions in this stipulation for allocation of flow of water shall beco~e effective when such dam shall heve been constructed and water begun to be stored in said reservoir. This stipulation is rlthout prejuciice to the claims of either party hereto in the above entitled case, and shall be subject to the decision of the Supreme Court of the United States as to the respective rights of the parties hereto to wster florlng in the Ark5ns~s r~ver, or stored in said reservoir. That j-obt control, regulation and edministration of the storage and discharge of all rosters in said d= end reservoir shall be had by ane} between ~ansa~ ~nd Colorado. This Stipulation shall not be filed in this action until the construction of said dam and reservoir by the United States Government shall be assured." John Martin dam \':as authorized by Congress in the Flood Con- trol Act of June 22, 1956, and construction of the dam "as initiated by the Corps of U.S. Ar~ Engineers in 1940, and was COMpleted in the