WSP06521

• File Number: 8111.831
• Description: Arkansas River Compact Administration - Article VIII ‎(H)‎ Investigations
• Basin: Arkansas
• Date: 1/1/1985
• Author: David Pope
• Title: Supplement Report to ARCA Regarding Article VIII ‎(H)‎
• Water Supply Pro - Doc Type: Publication

article. II, section 26 of the Colorado Constitution, the
following relevant findings of fact and conclusions of law

were made:

The Court takes judicial notice that the approxi-
mate 5,000 stock ponds in Water District No. 67
prevent some return flows to the River which
otherwise would have been available for delivery
to the state of Kansas at the stateline; and that
there are numerous additional stock ponds along
the entire drainage of the Arkansas which had a
similar preventive effect."

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The Court takes judicial notice that AMITY'S
surface priorities are senior to all stock ponds
on the Arkansas and senior to most, if not all,
well priorities. In addition, most of the stock
ponds and wells, if not all, were developed since
the Compact was ratified in 1949.

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It is clear that junior underground water decrees
and stock ponds developed after the ratification
of the Compact have materially depleted in usable
quantity and availability the waters of the
Arkansas River for use to water users in Colorado
and Kansas. See, Findings of Fact and Conclusions
of Law, pp. 4-6.

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The fourth study was done by the Colorado State

Engineer, entitled "Final Report - Lower Arkansas Water

Management Study," June 1, 1978, having been prepared in

relation to the Lower Arkansas Water Management Association

Plan. for Augmentation (LAWMA). ,In summary, the LAm~ plan
provides for pumping of junior alluvial well water into the
Buffalo Canal at times when there is limited streamflow or

during Compact releases to Kansas from John Martin

Reservoir. The intent of the plan is to replace upstream
well depletions with augmentation or replacement water

provided by the Association's wells.

It is apparent that

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