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1/16/2019 1:23:17 PM
Document Type - Division Filing
Compact, Agreement, or Memorandum of Understanding
37-65-101: South Platte River Compact
Delph E Carpenter, Commisioner for the State of Colorado
Robert H Willis, Commisioner for the State of Nebraska
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provision for the co-operative gauging at and the details of operation of said station and for the exchange and <br />publication of records and data. Said state officials shall ascertain the rate of flow of the South Platte River through the <br />Lower Section in Colorado and the time required for increases or decreases of flow, at points within said Lower <br />Section, to reach the Interstate Station. In carrying out the provisions of Article IV of this compact, Colorado shall <br />always be allowed sufficient time for any increase in flow (less permissible diversions) to pass down the river and be <br />recorded at the Interstate Station. <br />Article III <br />The waters of Lodgepole Creek, a tributary of the South Platte River flowing through Nebraska and entering said <br />river within Colorado, hereafter shall be divided and apportioned between the signatory States as follows: <br />1. The point of division of the waters of Lodgepole Creek shall be located on said creek two miles north of the <br />boundary line common to the signatory states. <br />2. Nebraska shall have the full and unmolested use and benefit of all waters flowing in Lodgepole Creek above the <br />point of diversion and Colorado waives all present and future claims to the use of said waters. Colorado shall have the <br />exclusive use and benefit of all waters flowing at or below the point of division. <br />3. Nebraska may use the channel of Lodgepole Creek below the point of division and the channel of the South <br />Platte River between the mouth of Lodgepole Creek and the Interstate Station, for the carriage of any waters of <br />Lodgepole Creek which may be stored in Nebraska above the point of division and which Nebraska may desire to <br />deliver to ditches from the South Platte River in Nebraska, and any such waters so carried shall be free from <br />interference by diversions in Colorado and shall not be included as a part of the flow of the South Platte River to be <br />delivered by Colorado at the Interstate Station in compliance with Article IV of this compact, provided, however, that <br />such runs of stored water shall be made in amounts of not less than ten cubic feet per second of time and for periods of <br />not less than twenty-four hours. <br />Article IV <br />The waters of the South Platte River hereafter shall be divided and apportioned between the signatory States as <br />follows: <br />1. At all times between the fifteenth day of October of any year and the first day of April of the next succeeding <br />year, Colorado shall have the full and uninterrupted use and benefit of the waters of the river flowing within the <br />boundaries of the State, except as otherwise provided by Article VI. <br />2. Between the first day of April and the fifteenth day of October of each year, Colorado shall not permit diversions <br />from the Lower Section of the river, to supply Colorado appropriations having adjudicated dates of priority subsequent <br />to the fourteenth day of June, 1897, to an extent that will diminish the flow of the river at the Interstate Station, on any <br />day, below a mean flow of 120 cubic feet of water per second of time, except as limited in paragraph three (3) of this <br />Article. <br />3. Nebraska shall not be entitled to receive and Colorado shall not be required to deliver, on any day, any part of the <br />flow of the river to pass the Interstate Station, as provided by paragraph two (2) of this Article, not then necessary for <br />beneficial use by those entitled to divert water from said river within Nebraska. <br />4. The flow of the river at the Interstate Station shall be used by Nebraska to supply the needs of present perfected <br />rights to the use of water from the river within said State before permitting diversions from the river by other claimants. <br />5. It is recognized that variable climatic conditions, the regulation and administration of the stream in Colorado, and <br />other causes, will produce diurnal and other unavoidable variations and fluctuations in the flow of the river at the <br />Interstate Station, and it is agreed that, in the performance of the provisions of said paragraph two (2), minor or <br />compensating irregularities and fluctuations in the flow at the Interstate Station shall be permitted; but where any <br />deficiency of the mean daily flow at the Interstate Station may have been occasioned by neglect, error or failure in the <br />performance of duty by the Colorado water officials having charge of the administration of diversions from the Lower <br />
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