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<br />Fe <br /> <br />,( <br />~ <br /> <br />1-- - <br /> <br />to a 35 percent storage charge pursuant to sub-section Ill. D of <br />the Operating Plan. <br />c. Evaporation will be charged against the winter storage water in <br />the Highland and Ninemile account for the time it actually is in <br />storage. The same formulas and procedures will be used for <br />these calculations as are used for the other accounts in John <br />Martin Reservoir. <br />5. In the event that water accumulated in this account has not been <br />completely exchanged by the end of a compact year, then the water <br />so remaining shall become conservation storage controlled by <br />Subsection II. A of the Operating Plan, <br />6. In the event that the Operating Plan is terminated by either <br />Colorado or Kansas pursuant to Subsection VII A, then this account <br />shall also be terminiated. This account can also be terminated on <br />March 15 by either Kansas or Colorado, or by either Highland or <br />Ninemile, by written notice given to the other state or the other <br />entity, respectively, and to the Administration by February I of the <br />same compact year. Upon such termination, the water in the <br />account shall be available for use by Highland and Ninemile <br />through the following October 31. If not used by that dale, any <br />remaining water shall revert to conservation storage. <br />BE IT FURTHER RESOLVED that approval of this plan does not <br />impair the jurisdiction of the State of Colorado over waters of the <br />Arkansas River in Colorado and does nol and is not intended to supersede, <br />abrogate, or otherwise modify the laws of the State of Colorado <br />concerning administration, distribution, and use of water. It shall be the <br />responsibility of Highland and Ninemile to comply with all applicable <br />provisions of state law necessary to permit the use of water as <br />contemplated by this plan. Approval of this plan by the Administration <br />does not constitute a waiver by either Colorado or Kansas of any rights <br />which each has under the Arkansas River Compact. <br />Entered this 11th day of December, 1984, at Lamar, Colorado. <br />Frank G. Cooley Leo Idler <br />Chairman Secretary <br /> <br />ATTACHMENT J <br /> <br />KANSAS STATE BOARD OF AG RICUL TURE <br /> <br />October 30, 1984 <br /> <br />Mr. Duane D. Hellon <br />Tipton and Kalmbach, Inc. <br />17th and Market Plaza, Suite 700 <br />1331 Seventeenth Street <br />Denver. Colorado l:l0202 <br /> <br />Re: Highlandand Ninemile <br />Winter Storage Plan <br /> <br />Dear Mr. Helton: <br />In reply to your letter and accompanying proposal dated August 6, <br />1984, there is enclosed a proposed Compact Administration resolution for <br /> <br />55 <br />