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<br />. <br /> <br />Mr. Hinderllder <br /> <br />Sept. e. 19L1-3 <br /> <br />r.' <br />..p~ <br />, 4. <br />f\;/ <br />~ <br />~ <br />QO <br /> <br />. <br /> <br />HCV:a <br /> <br />-2- <br /> <br />Your tentative assumption that tr of the water <br />stored April 1 belonged to Kansas and ~ to <br />Colorado must consider that ~Iater as "surplus" <br />under the stipulation. I do not agree that there <br />was any water stored on April 1, in the legal <br />sense of the term. There was water impounded, <br />but it had been merely retarded or l~thheld <br />as an incident to clearing of the false ~ork <br />on the Dam, and by waiver of diversion rights. <br /> <br />5. There has been no water stored le~ally since <br />then, but some amount has been impounded and <br />held there by direction of your office to meet <br />Possible demands of Kansas under the stipulation. <br /> <br />I am not satisfied that the Historical Diversion <br />theory applies, particUlarly as to ditches <br />above Cadcloa, but Ipref.er to pass that for the <br />time being. The stipulstion established a <br />basis of status quo and between the Colorado <br />ditches below the Dam, and Kansas. For Colorado <br />an annual amount was stated and for Kansas <br />both summer and winter,~ynts were stated. <br />My conclusion is tha~'Ka:tilnls was entitled to <br />52,000 acre feet since April 1st and it has <br />had this amount. <br /> <br />6. <br /> <br />Yours very truly, <br /> <br />~~Ait <br /> <br />.cc--Mr. A. ~. McHendrie <br />Hon. Gail L. Ireland <br />Hr. A. C. Gordon <br />Mr. Jean S. Breitenstein <br /> <br />~. <br />