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<br />. <br /> <br />. <br /> <br />. <br /> <br />o <br />~ <br />~, <br />GO <br />.... <br /> <br />PRE.lISE <br /> <br />(1) That the quantity of water in storage in Caddo~ Reservoir on April <br /> <br />1, 1943, azounting to 48,271 Acre Feet (El. 3799.13), is eons ide red as <br /> <br />being temporarily regulated stream flo'O, and not "Surplus" water 9$ de- <br /> <br />fined ~ the Stipulation of 1935. Th~t the Colorado ditches above Caddo a <br /> <br />eould legally divert under all their priorities which are senior to <br /> <br />February 21, 1887 (Amity's 1st prierity) sinee such diversions are not <br /> <br />subject to the stipulation. <br /> <br />(2) <br /> <br />That all portions of diversions ~ Colorado ditches above Caddoa <br />in e'tcc55 of <br />under priorities irmior in date to February 21, 1887, which would have <br />1- <br /> <br />been required to pass their headgates to satisfy senior priorities below <br /> <br />the reservoir, are to be considered additional or excess diversions which <br /> <br />eould not have been made except for t~e use of toe temporarily regulated <br /> <br />stream flow which had been allowed to aec~~ulate in Caddoa reservoi~, and <br /> <br />w~ic~ diversions may be conside~ed to be additionel to, ~r in ey.~ess of <br /> <br />their average historic diversions. <br /> <br />(3) That the total w&ter supply involved end aveilable to both Stetes, <br /> <br />consisted of the excess diversions above Caddoa, all diversions by Colo- <br /> <br />rado ditches below Caddoa, !lnd deliveries at the State line, all of whieh <br /> <br />I believe were used. The latter two items ineluded releases from the <br /> <br />resero-oir in the amormt of 33,002 Acre 'Feet, to June 1, 194::' <br />