WSP07251

• File Number: 8143.600.10.A
• Description: John Martin Reservoir - Operation Studies
• State: CO
• Basin: Arkansas
• Water Division: 2
• Date: 12/1/1981
• Author: Zorich/Spronk Assoc
• Title: Analysis of John Martin Reservoir Operation
• Water Supply Pro - Doc Type: Report/Study

.
. 0
. )
N
t,O
. ~
~
I
I
I
I
I
I
.
I
.
I
I
I
.
I
I
".
.'

~ .-
."
'" ',"

Page 24

unless a change of conditions justifies cancellation or modification
of such notice. Colorado shall administer the decreed rights of
water users in Colorado water district 67 as against each other and
as against all rights now. or hereafter decreed to water users divert-
ing upstream from John Martin dam on the basis of relative prior-
ities in the same manner in which their respective priority rights
were administered by Colorado before John Marti.n reservoir began to
operate and as though John Martin dam had not been constructed.
Such priority administration by Colorado shall be continued until
the administration finds that water is again available in the
conservation pool for release as provided in this compact, and timely
notice of'such finding shall be given by the administration to the
state engineer of Colorado or his duly authorized representative;
provided, that except as controlled by the operation of the preceding
provisions of this paragraph and other applicable provisions of
this compact, when there: is water in the conservation pool the
water users upstream from John Martin reservoir shall not be affected
by the decrees to the ditches in Colorado water district 67. Except
when administration in Colorado is on a priority basis the water
diversions in Colorado water district 67 shall be administered by
Colorado in accordance with distribution agreements made from time
to time between the water users in such district and filed with the
administration and with the state engineer of Colorado or, in
the absence of such agreel11ent, upon the basis of the respective
priority decrees, as against each other, in said district,

G. During periods when Colorado reverts to administration of
decree priorities, Kansas shall not be entitled to any portion of
the river flow entering John Martin reservoir. Waters of the Arkansas
river originating in Colorado which may flow across the state line
during such periods are hereby apportioned to Kansas.

H. If the usable quantity and availability for, use of the
waters of the Arkansas river to water users in Colorado water district
67 and Kansas will be thereby materially depleted or adversely
affected, {I) priority rights now decreed to the ditches of Colorado
water district 67 shall not hereafter be transferred to other water
districts in Colorado Or to points of diversion or places of use
upstream from JOhn Martin dam; and (2) the ditch diversion rights
from the Arkansas river in Colorado water district 67 and of Kansas
ditches between the state line and Garden City shall not hereafter
be increased beyond the total present rights of said ditches, without
the administration, in either case (I) or (2), making findings of
fact that no such depletion or adverse effect will result from such
proposed transfer or increase. Notice of legal proceedings for any
such proposed transfer or increase shall be given to the administration
in the manner and within the time provided by the laws of Colorado
or Kansas in such cases.

ARTICLE VI

A. (I) Nothing in this compact shall be construed as impairing
the jurisdiction of Kansas over the waters of the Arkansas river
that originate in Kansas and over the waters that flow from Colorado
across the state line into Kansas.

(2) Except as otherwise provided, nothing in this compact
shall be construed as supplanting the administration by Colorado of

" .,t ~ ~ ;

.. ..:.. .

~', ':,

r-