WSP03967

• File Number: 8126.800
• Description: Arkansas River Coordinating Committee - Projects - Issues
• State: CO
• Basin: Arkansas
• Water Division: 2
• Date: 3/21/1994
• Author: James S. Lochhead
• Title: Kansas v Colorado - potential questions and responses
• Water Supply Pro - Doc Type: Report/Study

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Department of Natural Resources
131 3 Sherman Street. Room 71 B
Denver, Colorado 80203
Phone: [phone]
TOO, [phone]
FAX, [phone] 5

STATE OF COLORADO

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OFFICE OF THE EXECUTIVE DIRECTOR

M E M 0 RAN DUM

DEPARTMENT OF
NATURAL
RESOURCES

Roy Romer
Governor

TO:

Governor Romer

]dmes 5. Lochhead
Execulive Dlleclor

FROM:

James S. Lochhead, Executive Director

Ronald W (.litany
Deputy Dircclor

DATE: March 21, 1994

SUBJECT: Kansas v. Colorado; potential questions and responses.

Kansas originally claimed that post-compact well development in
Colorado had depleted state line flows by 1.378 million acre feet,
from the period 1950 to 1985. The Kansas attorney general has also
publicly claimed that Kansas also claims a $100 million judgment
against the state of Colorado for economic injury associated with
the alleged depletions to stateline flow.

The Special Master issued a 350-page report that is very thorough,
and complicated in its analysis. Although there may be some
changes in the final report, the parties should not have any
expectation that there will be significant changes between the
draft and final reports. The Kansas claims, and the Master's
report, concerns three major issues:

1. The operation of Trinidad Reservoir Colorado's
historic operation and administration of Trinidad
Reservoir was found not to violate the compact by the
Master;

2. Operation of the winter water storage program in Pueblo
Reservoirs -- Colorado's operation and administration of
the winter storage program was found not to violate the
compact by the Master; and

3.' pumping by post-compact wells -- the Master held that
Colorado did violate the compact with regard to its
administration of post-compact wells. The Master did not
determine a specific amount of water which Colorado might
owe to Kansas nor did the Master find any monetary
damages were owing from Colorado to Kansas. The Master
did give some direction on how to determine depletions to
usable stateline flows by post-compact wells. Based on
that direction, we currently think Colorado may be

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