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I IN no IN 0 Mill mill 111hal III IIIII III in <br /> 4g40 M/ e-:> no OF n <br /> 2 .� • N.M Q 0.04 k Q.N Prows Cvnty. C*. <br /> Ditch and the Stubbs Ditch and water rights divtrting from the Purgatoire R.ivcr in Water <br /> District t7 known as the Highland Canal, which are used to replace depletions caused by <br /> ground water withdrawals by its member wells; and <br /> WHERE-AS, pursuant to the Operating Plan for John Martin Reservoir adopted by the <br /> Arkansas River Compact Admiaistratian (ARCA) April 24, 1980 ("the Operating Plan"), <br /> certain ditches, including the X Y Crraham Ditch, the Manvel Ditch and the Stubbs Ditch, <br /> are entided to store water in an account in John Martin Reservoir in accordance with the <br /> provisions of the Operating Plan; and <br /> WHEREAS, in I997 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 /> WHEREAS, LAWMA.penodicidly 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 LAWMA; and <br /> VW-REAS, the Lm ar Canal has agreed tinder certain conditions to deliver some of the <br /> DOW Water Shares directly into the Offset Account from its Article Il account; and <br /> WHEREAS, 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 /> expmfise to manage the DOW Water Shares is a more economical and efficient manncr, <br /> along with retained legal and technical expertise to facilitate the optimum utilization of the <br /> acquired water rights; and <br /> WHEREAS, LAWMA holds storage accounts and water is John Martin Reservoir, as wcL <br /> as wager 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 />