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<br />2l <br /> <br /> <br />O~1799 <br /> <br />. <br /> <br />. <br /> <br />Arkansas Valley <br /> <br /> <br />These rights include all users below the mouth of the <br /> <br /> <br />Purgatoire, the largest of which are the Amity and Lamar Canals. <br /> <br /> <br />It has not been definitely determined to what extent demands have <br /> <br /> <br />been made upon the upper Purgatoire to satisfy these decrees but <br /> <br /> <br />due to the long distance of travel, lOO miles or more, it is <br /> <br /> <br />obvious that only sizable flood flows can reach the Arkansas without <br /> <br /> <br />excessive losses. Such flows have produced fully 100,000 acre-feet <br /> <br /> <br />annuallY since 1923 (see Table 6), and indicate very little if any <br /> <br /> <br />demand on the Trinidad area. <br /> <br /> <br />Interstate Rights <br /> <br /> <br />The United states Supreme Court handed down a decision <br /> <br /> <br />in Equity on May l3, 1907, which, among other things, stated that <br /> <br /> <br />Colorado had a right to use its equitable sh~re of the water of the <br /> <br /> <br />Arkansas River and its tributaries. This was the result of a suit <br /> <br /> <br />instituted in 1901 by the State of Kansas against the continued <br /> <br /> <br />appropriation of water in Colorado to the detriment of the people <br /> <br /> <br />of Kansas. The decision does not designate the equitable portion <br /> <br /> <br />of the water of this str~am system which Oolorado is entitled to. <br /> <br /> <br />It is stated, however, that the oase was dismissed without <br /> <br /> <br />prejudice to the right of the State of Kansas to institute new <br /> <br /> <br />proceedings whenever there should appear to be a material increase <br /> <br /> <br />in the depletion of the waters of the Arkansas River by Colorado. <br /> <br />. <br />