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<br />.-/;i'4.', <br />~ .-';J..: <br /> <br />::".-") <br /> <br />> <br /> <br />KANSAS <br /> <br />~EPR'!!SENTATIVI! OF UNITED eTATEe <br />HANS KRAMER, BRIG. G'!!N. Ul!IA, RET. <br />CHAIRMAN <br /> <br />o <br />OJ <br />C; <br />C <br /> <br />R. V SMR"".... TOPI!I<'" <br />ROLAND H TATE. lI"'''OBN CITY <br />.....ILLI...M E. LEAVITT. Q....DEN CITY <br />VICE CH"''''''AN <br /> <br />417 Montgomery street <br />San Francisco 4, California <br /> <br />COLORADO <br />IVAN C. CRAWFORD. OI["'Vllflt <br />H"'R'lY 13. MENDENHALL, ROCICY 1'"0110 <br />H...RRY C. NEVIUS. L.......II <br />1IICIU!TAIIY.T"I!...lIUIIUt <br /> <br />ARKANSAS RIVER COMPACT ADMINISTRATION <br /> <br />F>RINCIF>AL OFFICE . COUA:T HOUSE <br /> <br />LAMAR, COLORADO <br /> <br />,.~~ <:1'.~" <br />alell V' ~'/, I>' <br /> <br />J.l\N 1 >1\901.c <br />.' ,.,t~ ....lli.k <br />,C8\o.~ \lOA"O <br />NI!I!f" '" 11 """ <br />and RegulationP <br /> <br />January 8, 1954 <br /> <br />Notes for Revision of ARCA Rules <br /> <br />Experience in the 1952 and 1953 irrigation seasons has proven that <br />the Administration' s standing Rules and Regulations define satisfactory pro- <br />cedure and mechanics for implementing the provisions of Article V-F in antici- <br />pation of an empty reservoir condition resulting from a steaCV drawdown of <br />winter storage (over 20,000 AF). Experience has also shown that, after the <br />river haa been turned over to the State Engineer for priority administration-- <br />and while the reservoir is officially "emptyl'--di1'riculties develop in connection <br />with the handling of flash summer floods. Such floods have the followiIIg <br />characteristics: <br /> <br />(a) Duration and volume of ini'low are difficult to predict. <br /> <br />(b) River now rates (i.e., inflow) may exceed for brief periods <br />the requirements of District 67. <br /> <br />Because of these oharacteristics, flash floods create a temporary <br />surplus of water which, in the interest of conservation, ought to be stored <br />or, at least, detained in John Martin Reservoir for subsequent use. However, <br />the state Engineer has taken the position that, under the laws of ColoradO, <br />he is not empowered to impound water. In view of that position and in order <br />to effect as much conservation as practioable under the broad intent of the <br />Compact, our Secretary has issued instructions from time to time regarding <br />manipuJ.ation of John Martin gates during fiash floods. Inasmuch as these in- <br />structions were issued concurrently with the State Engineer's priority ad- <br />ministration and without an official finding b,y the Administration to change <br />the status of the (empty) reservoir, there bas resulted, on ocoasion, a dual <br />administrative control with corresponding divided responsibility. This con- <br />dition of divided responsibility was the subject of the Arkansas River Ditch <br />Association's motion of September 12, 1952, (which is recorded on page 22 of <br />'1' the Administration's Minutes of October 28,1952). Inasmuch as this Association <br />! - - compri,ses a high percentage of the water users a1'fected b,y the Compact, ~ts <br />views deserve caref'uJ. consideration in our present study. <br /> <br />Under a strict interpretation of Article V -F, it is teohnically <br />possible for the Administration to effect the storage of temporarily surplus <br />inflow by making a fin~ "that watIJr is again available in the conservation <br />pool for release.........' Upon notification of such a finding the state Engi- <br />neer would step out of the picture completelYl operating conditions and releases <br />