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SOUTH PLATTE RIVER COMPACT <br />(§37-65-101, et. seq., C.R.S.) <br />April 27, 1923 <br />Signatory States: Colorado and Nebraska <br />Colorado Commissioner: State Engineer <br />Major Purposes: <br />1. Remove all causes of present and future controversy between the states and its <br />citizens with respect to the South Platte River (Preamble) <br />2. Promote interstate comity (Preamble) <br />Important Provisions: <br />1. "Upper Section" means that portion of the South Platte in Colorado upstream of <br />the west boundary of Washington County. (Art. I) <br />2. "Lower Section" means that portion of the South Platte between the west <br />boundary of Washington County and the stateline. (Art. I) <br />3. "Flow of the river" means the measured flow at Julesburg plus the inflow below <br />that station and above the diversion works of the Western Irrigation District in <br />Nebraska. (Art. I) <br />4. The waters of Lodgepole Creek are divided at a point two miles north of the <br />stateline. Nebraska is entitled to exclusive use above the division point, and <br />Colorado has exclusive use of all waters below the division point. (Art. III) <br />5. Colorado has the right to full and uninterrupted use of all the waters in the "Lower <br />Section" during the period of October 15 to April 1, except that should Nebraska <br />construct the South Divide Canal with a heading near Ovid, Colorado, then that <br />canal will bear an appropriation date of December 17, 1921, and Colorado shall <br />have full use of the waters in the "Lower Section" plus 35,000 acre-feet less the <br />amount diverted by the South Divide Canal under its appropriation date during the <br />period October 15 to April 1. (Art. IV and VI) <br />6. Between April 1 and October 15, Colorado shall not permit diversions from the <br />"Lower Section" by Colorado appropriators whose decrees are junior to June 14, <br />1897, on any day when the interstate station shows a mean flow less than 120 cfs . <br />(Art. IV) <br />7. Because of climatic conditions, minor irregularities in the delivery of water shall <br />be disregarded. However, if a deficiency in delivery should result from neglect <br />