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<br /> <br />2 <br /> <br />ARKANSAS RIVER COMPACT <br /> <br />"aRTICLE I <br /> <br />liThe major purposes of this Compact are to : <br />"A. Settle existing disputes and remove causes of future controversy between <br />the States o:f Colorado and Kansas, and between- citizens of ODe and citizens <br />'.(If the other State, concerning the waters of the Arkansas River and their control, <br />conservation and utilization for irrigation arid other benetl:cial purposes. <br />"B. Equitably divide and apportion between the States of Colorado and Kansas <br />the waters of the Arkansas River and their utilization as well as the benefits <br />arising from the construction, operation and maintenance by the United States <br />(If John Martin Reservoir Project for water conservation purposes. <br /> <br />"ARTICLE II <br /> <br />"The provisions of this Compact-are based on (1) the phY,sical and other con- <br />ditions peculiar to the Arkansas .River and its natural drainage basin, and the <br />nature and l.ocation of irrigation- and other developments and facilities in con~ <br />nection therewith j (2) the opinion of the United States Supreme Court entered <br />J;>ecember 6,' 1943, in the case of OoZorado v. Kansa8 (320 U. S. 383) concerning <br />the relative rights of the respective States in and to the use of waters of the <br />Arkansas River j and (3) the experience derived upder various interim executive <br />agreements betwee'n the two States apportioning the waters released- from the <br />.John Martin Reservoir as operated by the Corps of Engineers. <br /> <br />"ARTIOLE III <br /> <br />~'As used in this Compact: <br />"A., The ,word 'Stateline' means the geographical boundary line between <br />Colorado and Kansas. <br />jiB. ,The term 'waters of the Arkansas River' means the waters originating in <br />the natural drainage basin of the Arkansas River, including its_ tributaries, up- <br />stream from the Stateline, and excluding waters brought into the -Arkansas <br />River basin from other river basins. <br />"C. The term 'Stateline flow' means the flow of waters of the Arkansas River as <br />determined by gaging stations located at or near the Stateline. The flow as de- <br />termined by such stations, whether located i1),l Colorado or Kansas, shall be <br />deemed to be the actual Stateline flow. . , <br />"D. 'John Martin Reservoir Project' is the official name of the facility formerly <br />known as Onddoa Reservoir Project, authorized' by the Flood Control Act of <br />1936, as amended, for construction, operation and maintenance by the War <br />Department, -Corps of Engineers, later designated as the Corps of Engineers, <br />Department of the Army, and herein referred to_ as the 'Corps of Engineer's': <br />~John Martin Reservoir' is the water storage spaee created by 'John Martin <br />Dam'. <br />"E. The 'flood control storage' is that porti6ll-of the total storage space in John <br />Martin Reservoir allocated to flood control purposes. <br />uF. The 'conservation po'ol' is that portion of the total storage space in John <br />Martin Reservoir lying below the flood control storage. . <br />"G. The 'ditches of Colorado Water District 67' are th()se ditches and canals <br />which divert water from the ,Arkansas River or 'its tributaries downstream from <br />John Martin Dam for irrigation use in Colorado. <br />liB. The term 'river flow' means the sum of the flows of the Arkansas and <br />the Purgatoire Rivers into John Martin Reservoir as determined by gaging <br />stations appropriately located above said Reservoir. <br />"I. The term 'the Administration' means the Arkansas River Compact Ad- <br />~inistrat1on established under Article VIII. <br /> <br />"ARTICLE IV <br /> <br />"Both States recognize that: <br />"A. This Compact deals only with the waters of the Arkansas River as defined <br />in Article III. ' <br />"B. This Compact is not concerned with the rights, if any, of the State of New' <br />Mexico or its citizens in and to the use in New Mexico of waters of Trinchera <br />Creek or other tributaries of the Purgatoire River, a tributary 'of the Arkansas <br />River. <br />"0. (1) John Martin Dam will be operated by the Corps of Engineers to store <br />and release the waters of the Arkansas River in 'and from John Martin Reservoir <br />for its authorized purposes. <br />