Laserfiche WebLink
<br /> <br />r <br />. <br /> <br />. <br /> <br />;, <br />, <br />~ <br />i <br />i <br />; <br />f <br />f <br />j <br />I <br />. <br /> <br />--- <br /> <br />,.... <br />-' <br /> <br />r <br /> <br />1:)0':: <br /> <br />-3- <br /> <br />". . . it is obvious that if the depletion of the waters of <br />the river by Colorado continues to increase there will come <br />a time when Kansas may justly say that there is no longer <br />an equitable division of benefits, and may rightfully call <br />for relief against the action of Colorado, its corporations <br />and citizens, in appropriating the waters of the Arkansas <br />f.or irrigation purposes." <br /> <br />That the U.S. Supreme Court in 1943 ruled that "Kansas has not <br /> <br />sustained her allegations that Colorado's use has materially <br /> <br />increased, and that the increase has worked a serious detriment to <br /> <br />the substantial interests of Kansas." (320 U.S. at 400) <br /> <br />6. That Trinidad Dam and Reservoir in Colorado became operational <br /> <br />in January, 1977. That Trinidad Reservoir is located on the <br /> <br />Purgatoire River, a tributary of the Arkansas River, entering the <br /> <br />main stem of the Arkansas River above John ~~rtin Reservoir. <br /> <br />7. That the District Court of Colorado, Las Animas County, decree in <br />Civil Action No. 19793, dated April 15, 1965 (said decree is <br />marked Exhibit E, and a copy is attached hereto and rr~de a part <br />hereof), states: <br /> <br />"5. That the Petitioners' storage of water in the Trinidad <br />Reservoir under the Nodel Reservoir Right shall be regulated <br />in such a manner that the quantity of water occurring in the <br />Las Animas or Purgatoire River at a gauging station on said <br />River below Von Bremmer Arroya shall remain and be the same, <br />as determined by the State Engineer, during any period of <br />ten consecutive years reckoned in continuing progressive <br />series beginning with January 1,1954 as it would have been <br />had the ~~del Reservoir Right not been transferred to the <br />Trinidad Reservoir .... <br /> <br />6. That the storage of water in Trinidad Reservoir under <br />the transferred Model Reservoir Right shall at all times be <br />conducted in accordance with, subject to, and governed by: <br /> <br />(a) The Constitution, laws and policies of the United <br />States of America; <br /> <br />. " . " . " . <br /> <br />/ <br />.r ' ,::'. <br />~\JI1 <br />,/ <br /> <br />