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Last modified
1/26/2010 2:23:10 PM
Creation date
10/12/2006 1:42:18 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8103.400
Description
Arkansas River Basin Legislation - Compacts
State
CO
Basin
Arkansas
Water Division
2
Date
2/3/1949
Author
Unknown
Title
Legislative Record - Arkansas River Compact - 1948
Water Supply Pro - Doc Type
Report/Study
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<br /> <br />,. ,'.- <br /> <br />4 <br /> <br />('~lC55 <br /> <br />ARKANSAS RIVER COMPACT <br /> <br />1l(8) Releases of river flow and of stored water to Colorado shall be measured <br />by gaging stations located at or near John Martin Dam and the releases to which <br />Kansas is entitled shall be satisfied by an equivalent in Stateline flow. <br />U(4) When water is released from John Martin Reservoir appropriate allow- <br />ances as determined by the Administration shall be made for the intervals of time <br />required for such water to arrive at the points of diversion in Colorado and at <br />the StateUne. <br />"( 5) There shall be no allowance or accumulation of credits or debits for <br />or against either State. <br />"(6) Storage, releases from storage and releases of river flow authorized in <br />this Article shall be accomplished pursuant to procedures prescribed by the Ad~ <br />minlstra tioD under the provisIons of Article VIII. . <br />"F. In the event the Administration finds that within a period of fourteen .(14) <br />days the water in the conservation pool will be or is liable to be exhausted, the <br />Administration shall forthwIth notify the State Engineer of Colorado, or his <br />duly authorized representative, that commencing upon a day certain within said <br />fourteen (14) day period, u.i1less a change of conditions justifies cancellation or <br />modification of such notice, Colorado shall administer the decreed rights of water <br />users in Colorado Water District 67 as against each other and as against all <br />rIghts now or hereafter decreed to water users diverting upstream from John <br />Martin Dam on the basis of relative priorities in the same manner In which their <br />respectIve prIorIty rights were administered by Colorado before John Martin <br />Reservoir began to operate and as though John MartIn Dam had not been con. <br />structed. Such priority ad.ministartlon by Colorado shall be continued until <br />the AdminIstration finds that water is again available in the conservation pool <br />for release as provided in tbis Compact, and timely notice of such finding shall <br />be given by the Administration to the State EngIneer of Colorado or his duly <br />authoriZed representative; Provided, that except as controlled by tbe operation <br />of the preceding provisions of this paragraph and other applicable provisions of <br />this Compact, when there is water in the conservation pool the water users <br />upstream from John Martin Reservoir shall not be affected by the decrees to the <br />ditches in Colorado Water DIstrict 67. Except when administration in Colorado <br />is on a priority basis the water diversions In Colorado Water District 67 shall <br />be administered by Colorado in accordance with distribution agreements made <br />from time to time between the water users in such DIstrict and filed with the <br />Administration and with the State Engineer of Colorado or, in the absence of <br />such agreement, upon the basis of the respective priority decrees, as against each <br />other, in said District. <br />"G. During periods when Colorado reverts to administration of decreed priori- <br />ties, Kansas shall not be entitled to a,:ty portion of the river flow entering John <br />Martin Reservoir. Waters of the Arkansas River originating in Colorado which <br />may flow across thE! StateUne during such periods are hereby apportioned to <br />Kansas. <br />"H. If the usable quantity and availability for use of the waters of the Arkan- <br />sas River to water users in Oolorado Water District 67 and Kansas will be thereby <br />materIally depleted or adverseiy affected, (1) priority rights now decreed to the <br />ditches of Colorado Water District 67 shall not hereafter be transferred to other <br />watel' dIstrIcts in Colorado or to points of diversion or places of use upstream <br />from John Martin Dam j and (2) the ditch diversion rIghts from the Arkansas <br />River In Colorado Water District 67 and of Kansas ditches between the Stateline <br />and Garden City shall not hereafter be increased beyond the total present rIghts <br />of said ditches, without the Administration, in either case (1) or (2L making <br />findings of fact that no such depletion or ad verse effect will result from such <br />proposed transfer or increase. Notice of legal proceedings for any such proposed <br />transfer or increase shall be given to the Administration in the manner and <br />within the time provIded by the laws of Colorado or Kansas In such cases. <br /> <br />"ARTICLE VI <br /> <br />"A. (1) Nothing in this Compact shall be construed as Impairing the juriSdic- <br />tion of Kansas over the waters of the Arkansas River that originate in Kansas <br />and over the waters that flow from Colorado across the Stateline into Kansas. <br />"( 2) Except as otherwise provIded, nothing in this Oompact shall be con-. <br />strued as supplanting the administration by Colorado of the rights of appro. <br />prIators of waters of the Arkansas River In said State as decreed to said ap- <br />propriators by the courts of Colorado, nor as interfering with the distribution <br />among said appropriators by Colorado, nor as curtailing the diversion and use <br /> <br />,........... <br /> <br />- ~". " <br /> <br />,..::'.. " <br />.1:.- <br />
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