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<br />I <br />I 0 <br />~ <br />I . <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />'1" , <br />. . .... <br /> <br />Page 22 <br /> <br />B. This compact is not concerned with the rights, if any, <br />of the state of New Mexico or its r.itizens in and to the use in <br />New Mexico of waters of Trinchera creek or other tributaries of the <br />Purgatoire river, a tributary of the Arkansas river. <br /> <br />C. (1) John Martin dam will be operated by the corps of <br />engineers to stare and release the waters of the Arkansas river in <br />and from John Martin reservoir for its authorized purposes. <br /> <br />(2) The bottom of the flood control storage is presently <br />fixed by the chief of engineers, U. S. Army, at elevation 3,851 <br />feet above mean sea level. The flood control storage will be operated <br />for flood control purposes and to those ends will impound or regulate <br />the streamflow volumes that are in excess of the then available <br />storage capacity of the conservation pool. Releases from the flood <br />control storage may be made at t1mes and rates determined by the <br />corps of engineers to be necessary or advisable without regard to <br />ditch diversion capacities or requirements in either or both states. <br /> <br />(3) The conservation pool will be operated for the benefit <br />of water users in Colorado and Kansas, both upstream and downstream <br />from John Martin darn, as provided in this compact. The maintenance <br />of John Martin dam and appurtenance work.s may at times require the <br />corps of engineers to release waters then impounded' in the conserva- <br />tion pool or to prohibit the storage of water therein until such <br />maintenance work is completed. Flood control operation may also <br />involve temporary utilization of conservation storage. <br /> <br />D. This compact is not intended to impede or prevent future <br />beneficial development of the Arkansas river basin in Colorado and <br />Kansas by federal or state agencies, by private enterprise, or by <br />combinations thereof, which may involve construction of dams, <br />'rese~voirs and other works for the purposes of water utilization and <br />control, as well as the improved or prolonged functioning of existing <br />works: Provided, that the waters of the Arkansas river, as defined <br />in article Ill, shall not be materially depleted in usable quantity <br />or availability for use to the water users in Colorado and Kansas <br />under this compact by such future development or construction. <br /> <br />ART! ClE V <br /> <br />Colorado and Kansas hereby agree upon the fOllowing basis of <br />apportionment of the waters of the Arkansas river: <br /> <br />A. Winter storage in John Martin reservoir shall commence on <br />November 1st Of each year and continue to and include the next suc- <br />ceeding March 31st. During said period all water entering said <br />reservoir up to the limit of the then available conservation capacity <br />shall be stored: Provided, that Colorado may demand releases of <br />water eqUivalent to the river flow, but such releases shall not <br />exceed 100 c.f.s. (CUbic feet per second) and water so released shall <br />be used without avoidable waste. <br /> <br />B. Summer storage in John Martin reservoir shall commence on <br />April 1st of each year and continue to and include the next succe- <br />eding October 31st. During said period, except when Colorado water <br />Users are operating under decreed priorities as provided in para- <br />graphs F and G of this article, all water entering said reservoir <br /> <br />, . ,~.... - . " <br />;; " '~\' ," ..} <br /> <br />, ,.~ <br />, "','~ -" <br /> <br />';""','.,. <br /> <br />..",..... <br /> <br />":";"""'. <br /> <br />_ ~- ";.; <''.; 'j ';: :-:;.; ..;.>. ,."<' <br /> <br />.-, ,/'~~:~\ <br /> <br />." <br /> <br />. <br />