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1111111 Ilii1111111 Ill 111111111111 III►., III Illi)1111 IN <br />00"S N/02LNN 01:w No <br />Z .r • R ". M 0 0. N It 0.0 16rowera County. Co. <br />Ditch and the Stubbs Ditch and water rights diverting from the Purgatoire River in Water <br />District 17 known as the Highland Casal, winch are used to replace depletions caused by <br />ground water withdrawals by its member wells; and <br />WHEREAS, Pursuant to the Operating Plan for John Martin Reservoir adopted by the <br />Arkansas River Compact Adminisar cm (ARCA) April 24, 1484 ("the Operating Plan"), <br />certain ditches, including the X -Y Graham Ditch, the Manvel Ditch and the Stubbs Ditch, <br />are =tided to store water in an account in John Martin Reservoir in accordance with the <br />provisions of the Op=ting Plan; and <br />WHEREAS, in 1997 the ARCA established an account in John Martin Reservoir known as <br />the Offset Account for the purpose of replacing depletions to the State of Kansas caused by <br />well pumping in Colorado; and <br />VIEREAS, LAWMA periodically delivers water into the Offset Account for the purpose <br />of replacing depletions caused by its members' wells to the State of Kansas; and <br />WHEREAS, LAWMA needs to acquire additional water to replace depletions to both <br />intrastate and interstate water users caused by well pumping, particularly during dry years; <br />and <br />WHEREAS, LAWMA and the DOW have cooperated in securing approvals from the Lamar <br />Canal and the Fort Bent Canal allowing the DOW to use DOW Water Shares directly or <br />through contract with LAWNiA; and <br />WHE.R FA.S, the Lamar Canal has agreed under certain conditions to deliver some of the <br />DOW Water Shares directly into the Offset Account from its Article 11 account; and <br />WHERE -AS, some of the DOW Water Shares may be usable by LAWMA to help meet its <br />replacement needs and some of LAWMA's water may be used by the State to help meet <br />wildlife management needs; and <br />WHEREAS, LAWMA has the water management and accounting tools, procedures and <br />exppe nIse to manage the DOW Water Shares in a more economical and efficient manner, <br />along with retained legal and technical expertise to facilitate the optimum utilization of the <br />acquVcd water rights; and <br />WHEREAS, LAWMA holds storage accounts and water in John Martin Reservoir, as wcL <br />as water rights above John Martin Reservoir, which through this agreement may be used to <br />meet some of the State wildlife management goals and objectives; and <br />-2- <br />