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Section of the river in that state, each such deficiency shall be made up, within the next succeeding period of <br />seventy-two hours, by delivery of additional flow at the Interstate Station, over and above the amount specified in <br />paragraph two (2) of this Article, sufficient to compensate for such deficiency. <br />6. Reductions in diversions from the Lower Section of the river, necessary to the performance of paragraph two (2) <br />of this Article by Colorado, shall not impair the rights of appropriators in Colorado (not to include the proposed <br />Nebraska canal described in Article VI), whose supply has been so reduced, to demand and receive equivalent amounts <br />of water from other parts of the stream in that State according to its Constitution, laws, and the decisions of its courts. <br />7. Subject to compliance with the provisions of this Article, Colorado shall have and enjoy the otherwise full and <br />uninterrupted use and benefit of the waters of the river which hereafter may flow within the boundaries of that State <br />from the first day of April to the fifteenth day of October in each year, but Nebraska shall be permitted to divert, under <br />and subject to the provisions and conditions of Article VI, any surplus waters which otherwise would flow past the <br />Interstate Station. <br />Article V <br />1. Colorado shall have the right to maintain, operate, and extend, within Nebraska, the Peterson Canal and other <br />canals of the Julesburg Irrigation District which now are or may hereafter be used for the carriage of water from the <br />South Platte River for the irrigation of lands in both states, and Colorado shall continue to exercise control and <br />jurisdiction of said canals and the carriage and delivery of water thereby. This Article shall not excuse Nebraska water <br />users from making reports to Nebraska officials in compliance with the Nebraska laws. <br />2. Colorado waives any objection to the delivery of water for irrigation of lands in Nebraska by the canals <br />mentioned in paragraph one (1) of this Article, and agrees that all interests in said canals and the use of waters carried <br />thereby, now or hereafter acquired by owners of lands in Nebraska, shall be afforded the same recognition and <br />protection as are the interests of similar land owners served by said canals within Colorado; provided, however, that <br />Colorado reserves to those in control of said canals the right to enforce the collection of charges or assessments, <br />hereafter levied or made against such interest of owners of the lands in Nebraska, by withholding the delivery of water <br />until the payment of such charges or assessments; provided, however, such charges or assessments shall be the same as <br />those levied against similar interests of owners of lands in Colorado. <br />3. Nebraska grants to Colorado the right to acquire by purchase, prescription, or the exercise of eminent domain, <br />such rights-of-way, easements or lands as may be necessary for the construction, maintenance, operation, and <br />protection of those parts of the above mentioned canals which now or hereafter may extend into Nebraska. <br />Article VI <br />It is the desire of Nebraska to permit its citizens to cause a canal to be constructed and operated for the diversion of <br />water from the South Platte River within Colorado for irrigation of lands in Nebraska; that said canal may commence <br />on the south bank of said river at a point southwesterly from the town of Ovid, Colorado, and may run thence easterly <br />through Colorado along or near the line of survey of the formerly proposed "Perkins County Canal" (sometimes known <br />as the "South Divide Canal") and into Nebraska, and that said project shall be permitted to divert waters of the river as <br />hereinafter provided. With respect to such proposed canal it is agreed: <br />1. Colorado consents that Nebraska and its citizens may hereafter construct, maintain, and operate such a canal and <br />thereby may divert water from the South Platte River within Colorado for use in Nebraska, in the manner and at the <br />time in this Article provided, and grants to Nebraska and its citizens the right to acquire by purchase, prescription, or <br />the exercise of eminent domain such rights-of-way, easements or lands as may be necessary for the construction, <br />maintenance, and operation of said canal; subject, however, to the reservations and limitations and upon the conditions <br />expressed in this Article which are and shall be limitations upon and reservations and conditions running with the rights <br />and privileges hereby granted, and which shall be expressed in all permits issued by Nebraska with respect to said <br />canal. <br />2. The net future flow of the Lower Section of the South Platte River, which may remain after supplying all present <br />and future appropriations from the Upper Section, and after supplying all appropriations from the Lower Section <br />