Monday, November 16, 2009

Arkansas River Compact

Dated 1948, this compact between Colorado and Kansas established an agreement between the two states on the Arkansas River. As the document stated, the intent of the agreement sought to "settle existing disputes and remove causes of future controversy between the states . . . and between the citizens of one and citizens of the other state, concerning the water of the Arkansas river and their control, conservation and utilization for irrigation and other beneficial purposes (Colo Rev. Stat 37-69-101). Furthermore, the agreement purported to "equitably divide and apportion between that states of Colorado and Kansas the waters of the Arkansas river and their utilization as well as the benefits arising from the construction, operation and maintenance by the United States of John Martin reservoir project for water conservation purposes" (Colo Rev. Stat 37-69-101).

The compact determined the following conditions. The period of winter storage for the John Martin reservoir extended from November 1 through March 31, allowing as much water as the conservation capacity. The period of summer storage extended from April 1 to October 31, with the same condition for storage limits "except when Colorado water users are operating under decreed priorities as stipulated in other sections of the document" (Colo Rev. Stat 37-69-101).

The compact regulated the amounts of release:
"Releases of water stored pursuant to the provisions of paragraphs A and B of this article shall be made upon demands by Colorado and Kansas concurrently or separately at any time during the summer storage period. Unless increases to meet extraordinary conditions are authorized by the administration separate releases of stored water to Colorado shall not exceed 750 cfs, separate releases of stored water to Kansas shall not exceed 500 cfs and concurrent releases of stored water shall not exceed a total of 1250 cfs; Provided that when water stored in the conservation pool is reduced to a quantity less than 20,000 acre-feet, separate releases of stored water to Colorado shall not exceed 600 cfs and separate releases of stored water to Kansas shall not exceed 400 cfs and concurrent releases of stored water shall not exceed 1000 cfs." (Colo Rev Stat 37-69-101).

The remainder of the agreement dictated the conditions under which the allocations of water would occur, how they would be measured, the prohibition of credits or debits, and the general conditions of administration of the compact. More formally, the compact created an organization known as the Arkansas river compact administration with specified powers explained in Article VIII of the compact. Finally, the document explained the process of ratification by the Congress of the United States.

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