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<br />181'3 <br /> <br />a. Establishing conditions that ensure others, including FLCC shareholders, the company itself, <br />and holders of other vested water rights would not be injured, and provisions of the Arkansas <br />River Compact would not be violated. j <br />, <br />b. Securing permissions for use of facilities and joperations. <br />c. Developing a viable plan for moving water to s~orage from the place of current irrigation use. <br />d. Establishing agreements to use reservoirs forjstorage of water bank water. <br />j <br /> <br />A water bank provides a method to administer water transfers through a substitute water supply plan, <br />which can develop over several years on a trial basis. <br /> <br />Arkansas River Compact and Ordinary Non-Injury Standards <br />! <br />, <br />, <br />, <br />Article IV D of the Arkansas River Compact provid~s: <br /> <br />This compact is not intended to impede or prevent future beneficial development of the <br />Arkansas River Basin in Colorado and Kansas by federal or state agencies, by private <br />enterprise, or by combinations thereof, whic~ may involve construction of dams, reservoirs <br />and other works for the purposes of water u~ilization and control, as well as the improved <br />or prolonged functioning of existingworks: pJovided, that the waters of the Arkansas River, <br />as defined in Article III, shall not be materiall~ depleted in usable quantity or availability for <br />use to the water users in Colorado and Kansas under this compact by such future <br />development or construction. <br /> <br />To protect water users in Colorado and Kansas from injury, the historical return flows will need to <br />be calculated each year as soon as that year's wa~er bank participants have been determined. <br />Separate records would need to be maintained fo~ return flows above and below John Martin <br />Reservoir, calculated by month, and administered on a daily basis. While ordinarily in transfer <br />decrees credit is given for anticipated return flows a~ the new place of use, in a water bank where <br />the intention is flexible utilization at various places fQr various uses, the assumption would be made <br />that there would be no future return flows from the new uses unless such return flows could be <br />definitely established by the new user. <br /> <br />Perhaps the most difficult problem in assuring retur~ flows is to maintain return flows below John <br />Martin Reservoir. Return flow releases and deIiverifs to users below John Martin Reservoir could <br />be made throughout the year if releases were made ftom an account in John Martin Reservoir. The <br />1980 Operating Plan, as amended, establishes accoQnts, including an account for the FLCC. The <br />FLCC account is currently for agricultural purposes only, and may be filled during the Winter <br />Storage Program under to a total capacity of 20,<)00 ac. ft. The account must be emptied by <br />November 1 of each year; however, refilling of the a~unt can commence November 15 under the <br />terms of the Winter Storage Program. The provisiqns of the 1980 Operating Plan are included in <br />Appendix 7. In the event releases could not be ~ade from John Martin Reservoir, it might be <br />possible to make releases from Adobe or Horse Creek Reservoirs, Thurston Reservoir, or small <br />reservoirs below John Martin. These reservoirs are further described later in this section. <br /> <br />i:{! <br />,j <br /> <br />7-8i <br />! <br />, <br />