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perfected prior to the seventeenth day of December, 1921, and after supplying the additional future appropriations <br />in the Lower Section for the benefit of which a prior and preferred use of thirty-five thousand acre-feet of water is <br />reserved by subparagraph (a) of this Article, may be diverted by said canal between the fifteenth day of October of any <br />year and the first day of April of the next succeeding year subject to the following reservations, limitations and <br />conditions: <br />(a) In addition to the water now diverted from the Lower Section of the river by present perfected appropriations, <br />Colorado hereby reserves the prior, preferred and superior right to store, use and to have in storage in readiness for use <br />on and after the first day of April in each year, an aggregate of thirty-five thousand acre-feet of water to be diverted <br />from the flow of the river in the Lower Section between the fifteenth day of October of each year and the first day of <br />April of the next succeeding year, without regard to the manner or time of making such future uses, and diversions of <br />water by said Nebraska canal shall in no manner impair or interfere with the exercise by Colorado of the right of future <br />use of the water hereby reserved. <br />(b) Subject at all times to the reservation made by subparagraph (a) and to the other provisions of this Article, said <br />proposed canal shall be entitled to divert five hundred cubic feet of water per second of time from the flow of the river <br />in the Lower Sections, as of priority of appropriation of date December 17, 1921, only between the fifteenth day of <br />October of any year and the first day of April of the next succeeding year upon the express condition that the right to so <br />divert water is and shall be limited exclusively to said annual period and shall not constitute the basis for any claim to <br />water necessary to supply all present and future appropriations in the Upper Section or present appropriations in the <br />Lower Section and those hereafter to be made therein as provided in subparagraph (a). <br />3. Neither this compact nor the construction and operation of such a canal nor the diversion, carriage and <br />application of water thereby shall vest in Nebraska, or in those in charge or control of said canal or in the users of water <br />therefrom, any prior, preferred or superior servitude upon or claim or right to the use of any water of the South Platte <br />River in Colorado from the first day of April to the fifteenth day of October of any year or against any present or future <br />appropriator or use of water from said river in Colorado during said period of every year, and Nebraska specifically <br />waives any such claims and agrees that the same shall never be made or asserted. Any surplus waters of the river, <br />which otherwise would flow past the Interstate Station during such period of any year after supplying all present and <br />future diversions by Colorado, may be diverted by such a canal, subject to the other provisions and conditions of this <br />Article. <br />4. Diversion of water by said canal shall not diminish the flow necessary to pass the Interstate Station to satisfy <br />superior claims of users of water from the river in Nebraska. <br />5. No appropriations of water from the South Platte River by any other canal within Colorado shall be transferred to <br />said canal or be claimed or asserted for diversion and carriage for use on lands in Nebraska. <br />6. Nebraska shall have the right to regulate diversions of water by said canal for the purposes of protecting other <br />diversions from the South Platte River within Nebraska and of avoiding violations of the provisions of Article IV; but <br />Colorado reserves the right at all times to regulate and control the diversions by said canal to the extent necessary for <br />the protection of all appropriations and diversions within Colorado or necessary to maintain the flow at the Interstate <br />Stations as provided by Article IV of this compact. <br />Article VII <br />Nebraska agrees that compliance by Colorado with the provisions of this compact and the delivery of water in <br />accordance with its terms shall relieve Colorado from any further or additional demand or claim by Nebraska upon the <br />waters of the South Platte River within Colorado. <br />Article VIII <br />Whenever any official of either State is designated herein to perform any duty under this compact, such designation <br />shall be interpreted to include the state official or officials upon whom the duties now performed by such official may <br />hereafter devolve, and it shall be the duty of the officials of the State of Colorado charged with the duty of the <br />distribution of the waters of the South Platte River for irrigation purposes, to make deliveries of water at the Interstate <br />