Arkansas River Compact



KANSAS
Statute #
82a-520
Chapter 82a.--WATERS AND WATERCOURSES
Article 5.--INTERSTATE COMPACTS AND AGREEMENTS
Arkansas river compact.

                The legislature hereby ratifies the
          compact, designated as the "Arkansas river
          compact," between the states of Colorado and
          Kansas signed in the city of Denver, state of
          Colorado on the fourteenth day of December, .A.D. 
          1948, by Henry C. Vidal, Gail L. Ireland and
          Harry B. Mendenhall as commissioners for the
          state of Colorado, George S. Knapp, Edward F.
          Arn, William E. Leavitt and Roland H. Tate as
          commissioners for the state of Kansas, and by
          Hans Kramer as the representative of the United
          States of America, which compact is as follows:
          ARKANSAS RIVER COMPACT

                The State of Colorado and the State of
          Kansas, parties signatory to this Compact
          (hereinafter referred to as "Colorado" and
          "Kansas," respectively, or individually as a
          "state," or collectively as the "states") having
          resolved to conclude a compact with respect to
          the waters of the Arkansas river, and being moved
          by considerations of interstate comity, having
          appointed commissioners as follows:

                Henry C. Vidal, Gail L. Ireland, and Harry

                B. Mendenhall, for Colorado; and

                George S. Knapp, Edward F. Arn, William E.
          Leavitt, and Roland H. Tate, for Kansas; and the
          consent of the Congress of the United States to
          negotiate and enter into an interstate compact
          not later than January 1, 1950, having been
          granted by Public Law 34, 79th Congress, 1st
          Session, and pursuant thereto the President
          having designated Hans Kramer as the
          representative of the United States, the said
          commissioners for Colorado and Kansas, after
          negotiations participated in by the
          representative of the United States, have agreed
          as follows: Article I

                The major purposes of this Compact are to:

                A. Settle existing disputes and remove
          causes of future controversy between the states
          of Colorado and Kansas, and between citizens of
          one and citizens of the other state, concerning
          the waters of the Arkansas river and their
          control, conservation and utilization for
          irrigation and other beneficial purposes.

                B. Equitably divide and apportion between
          the 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.  Article II

                The provisions of this Compact are based on
          (1) the physical and other conditions peculiar to
          the Arkansas river and its natural drainage
          basin, and the nature and location of irrigation
          and other developments and facilities in
          connection therewith; (2) the opinion of the
          United States Supreme Court entered December 6,
          1943, in the case of Colorado v. Kansas (320 U.S.
          383) concerning the relative rights of the
          respective states in and to the use of waters of
          the Arkansas river; and (3) the experience
          derived under various interim executive
          agreements between the two states apportioning
          the waters released from the John Martin
          Reservoir as operated by the Corps of Engineers. 
          Article III

                As used in this Compact:

                A. The word "state line" means the
          geographical boundary line between Colorado and
          Kansas.

                B. The term "waters of the Arkansas river"
          means the waters originating in the natural
          drainage basin of the Arkansas river, including
          its tributaries, upstream from the state line,
          and excluding waters brought into the Arkansas
          river basin from other river basins.

                C. The term "state-line flow" means the
          flow of waters of the Arkansas river as
          determined by gaging stations located at or near
          the state line.  The flow as determined by such
          stations, whether located in Colorado or Kansas,
          shall be deemed to be the actual state-line flow.

                D. "John Martin Reservoir Project" is the
          official name of the facility formerly known as
          Caddoa Reservoir Project, authorized by the Flood
          Control Act of 1936, as amended, for
          construction, operation and maintenance by the
          War Department, Corps of Engineers, later
          designated as the Corps of Engineers, Department
          of the Army, and herein referred to as the "Corps
          of Engineers." "John Martin Reservoir" is the
          water storage space created by "John Martin Dam."

                E. The "flood control storage" is that
          portion of the total storage space in John Martin
          Reservoir allocated to flood control purposes.

                F. The "conservation pool" is that portion
          of the total storage space in John Martin
          Reservoir lying below the flood control storage.

                G. The "ditches of Colorado Water District
          67" are those ditches and canals which divert
          water from the Arkansas river or its tributaries
          downstream from John Martin Dam for irrigation
          use in Colorado.

                H. The term "river flow" means the sum of
          the flows of the Arkansas and the Purgatoire into
          John Martin Reservoir as determined by gaging
          stations appropriately located above said
          Reservoir.

                I. The term "the Administration" means the
          Arkansas River Compact Administration established
          under Article VIII.  Article IV

                Both states recognize that:

                A. This Compact deals only with the waters
          of the Arkansas river as defined in Article III.

                B. This Compact is not concerned with the
          rights, if any, of the state of New Mexico or its
          citizens in and to the use in New Mexico of
          waters of Trinchera creek or other tributaries of
          the Purgatoire river, a tributary of the Arkansas
          river.

                C. (1) John Martin Dam will be operated by
          the Corps of Engineers to store and release the
          waters of the Arkansas river in and from John
          Martin Reservoir for its authorized purposes.

                (2) The bottom of the flood control storage
          is presently fixed by the Chief of Engineers,
          U.S. Army, at elevation 3,851 feet above mean sea
          level. The flood control storage will be operated
          for flood control purposes and to those ends will
          impound or regulate the streamflow volumes that
          are in excess of the then available storage
          capacity of the conservation pool. Releases from
          the flood control storage may be made at times
          and rates determined by the Corps of Engineers to
          be necessary or advisable without regard to ditch
          diversion capacities or requirements in either or
          both states.

                (3) The conservation pool will be operated
          for the benefit of water users in Colorado and
          Kansas, both upstream and downstream from John
          Martin Dam, as provided in this Compact. The
          maintenance of John Martin Dam and appurtenant
          works may at times require the Corps of Engineers
          to release waters then impounded in the
          conservation pool or to prohibit the storage of
          water therein until such maintenance work is
          completed. Flood control operation may also
          involve temporary utilization of conservation
          storage.

                D. This Compact is not intended to impede
          or prevent future beneficial development of the
          Arkansas river basin in Colorado and Kansas by
          federal or state agencies, by private enterprise,
          or by combinations thereof, which may involve
          construction of dams, reservoirs and other works
          for the purposes of water utilization and
          control, as well as the improved or prolonged
          functioning of existing works: Provided, That the
          waters of the Arkansas river, as defined in
          Article III, shall not be materially depleted in
          usable quantity or availability for use to the
          water users in Colorado and Kansas under this
          Compact by such future developments or
          construction.  Article V

                Colorado and Kansas hereby agree upon the
          following basis of apportionment of the waters of
          the Arkansas river:

                A. Winter storage in John Martin Reservoir
          shall commence on November 1st of each year and
          continue to and include the next succeeding March
          31st. During said period all water entering said
          reservoir up to the limit of the then available
          conservation capacity shall be stored: Provided,
          That Colorado may demand releases of water
          equivalent to the river flow, but such releases
          shall not exceed 100 c.f.s. (cubic feet per
          second) and water so released shall be used
          without avoidable waste.

                B. Summer storage in John Martin Reservoir
          shall commence on April 1st of each year and
          continue to and include the next succeeding
          October 31st.  During said period, except when
          Colorado water users are operating under decreed
          priorities as provided in paragraphs F and G of
          this Article, all water entering said reservoir
          up to the limit of the then available
          conservation capacity shall be stored: Provided,
          That Colorado may demand releases of water
          equivalent to the river flow up to 500 c.f.s.,
          and Kansas may demand releases of water
          equivalent to that portion of the river flow
          between 500 c.f.s., and 750 c.f.s., irrespective
          of releases demanded by Colorado.

                C. 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 c.f.s., separate
          releases of stored water to Kansas shall not
          exceed 500 c.f.s., and concurrent releases of
          stored water shall not exceed a total of 1,250
          c.f.s.: 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
          c.f.s., separate releases of stored water to
          Kansas shall not exceed 400 c.f.s., and
          concurrent releases of stored water shall not
          exceed 1,000 c.f.s.

                D. Releases authorized by paragraphs A, B
          and C of this Article, except when all Colorado
          water users are operating under decreed
          priorities as provided in paragraphs F and G of
          this Article, shall not impose any call on
          Colorado water users that divert waters of the
          Arkansas river upstream from John Martin Dam.

                E. (1) Releases of stored water and
          releases of river flow may be made simultaneously
          upon the demands of either or both States.

                (2) Water released upon concurrent or
          separate demands shall be applied promptly to
          beneficial use unless storage thereof downstream
          is authorized by the Administration.

                (3) Releases of river flow and of stored
          water to Colorado shall be measured by gaging
          stations located at or near John Martin Dam and
          the releases to which Kansas is entitled shall be
          satisfied by an equivalent in state-line flow.

                (4) When water is released from John Martin
          Reservoir appropriate allowances as determined by
          the Administration shall be made for the
          intervals of time required for such water to
          arrive at the points of diversion in Colorado and
          at the state line.

                (5) There shall be no allowance or
          accumulation of credits or debits for or against
          either state.

                (6) Storage, releases from storage and
          releases of river flow authorized in this Article
          shall be accomplished pursuant to procedures
          prescribed by the Administration under the
          provisions of Article VIII.

                F. In the event the Administration finds
          that within a period of fourteen (14) days the
          water in the conservation pool will be or is
          liable to be exhausted, the Administration shall
          forthwith notify the State Engineer of Colorado,
          or his duly authorized representative, that
          commencing upon a day certain within said
          fourteen (14) day period, unless a change of
          conditions justifies cancellation or modification
          of such notice, Colorado shall administer the
          decreed rights of water users in Colorado Water
          District 67 as against each other and as against
          all rights now or hereafter decreed to water
          users diverting upstream from John Martin Dam on
          the basis of relative priorities in the same
          manner in which their respective priority rights
          were administered by Colorado before John Martin
          Reservoir began to operate and as though John
          Martin Dam had not been constructed. Such
          priority administration by Colorado shall be
          continued until the Administration finds that
          water is again available in the conservation pool
          for release as provided in this Compact, and
          timely notice of such finding shall be given by
          the Administration to the State Engineer of
          Colorado or his duly authorized representative:
          Provided, That except as controlled by the
          operation of the preceding provisions of this
          paragraph and other applicable provisions of this
          Compact, when there is water in the conservation
          pool the water users upstream from John Martin
          Reservoir shall not be affected by the decrees to
          the ditches in Colorado Water District 67. Except
          when administration in Colorado is on a priority
          basis the water diversions in Colorado Water
          District 67 shall be administered by Colorado in
          accordance with distribution agreements made from
          time to time between the water users in such
          District and filed with the Administration and
          with the State Engineer of Colorado or, in the
          absence of such agreement, upon the basis of the
          respective priority decrees, as against each
          other, in said District.

                G. During periods when Colorado reverts to
          administration of decreed priorities, Kansas
          shall not be entitled to any portion of the river
          flow entering John Martin Reservoir. Waters of
          the Arkansas river originating in Colorado which
          may flow across the state line during such
          periods are hereby apportioned to Kansas.

                H. If the usable quantity and availability
          for use of the waters of the Arkansas river to
          water users in Colorado Water District 67 and
          Kansas will be thereby materially depleted or
          adversely affected, (1) priority rights now
          decreed to the ditches of Colorado Water District
          67 shall not hereafter be transferred to other
          water districts in Colorado or to points of
          diversion or places of use upstream from John
          Martin Dam; and (2) the ditch diversion rights
          from the Arkansas river in Colorado Water
          District 67 and of Kansas ditches between the
          state line and Garden City shall not hereafter be
          increased beyond the total present rights of said
          ditches, without the Administration, in either
          case (1) or (2), making findings of fact that no
          such depletion or adverse effect will result from
          such proposed transfer or increase. Notice of
          legal proceedings for any such proposed transfer
          or increase shall be given to the Administration
          in the manner and within the time provided by the
          laws of Colorado or Kansas in such cases. 
          Article VI

                A. (1) Nothing in this Compact shall be
          construed as impairing the jurisdiction of Kansas
          over the waters of the Arkansas river that
          originate in Kansas and over the waters that flow
          from Colorado across the state line into Kansas.

                (2) Except as otherwise provided, nothing
          in this Compact shall be construed as supplanting
          the administration by Colorado of the rights of
          appropriators of waters of the Arkansas river in
          said state as decreed to said appropriators by
          the courts of Colorado, nor as interfering with
          the distribution among said appropriators by
          Colorado, nor as curtailing the diversion and use
          for irrigation and other beneficial purposes in
          Colorado of the waters of the Arkansas river.

                B. Inasmuch as the Frontier Canal diverts
          waters of the Arkansas river in Colorado west of
          the state line for irrigation uses in Kansas
          only, Colorado concedes to Kansas and Kansas
          hereby assumes exclusive administrative control
          over the operation of the Frontier Canal and its
          headworks for such purposes, to the same extent
          as though said works were located entirely within
          the state of Kansas. Water carried across the
          state line in the Frontier Canal or any other
          similarly situated canal shall be considered to
          be part of the state line flow.  Article VII

                A. Each state shall be subject to the terms
          of this Compact. Where the name of the state or
          the term "state" is used in this Compact these
          shall be construed to include any person or
          entity of any nature whatsoever using, claiming
          or in any manner asserting any right to the use
          of the waters of the Arkansas river under the
          authority of that state.

                B. This Compact establishes no general
          principle or precedent with respect to any other
          interstate stream.

                C. Wherever any state or federal official
          or agency is referred to in this Compact such
          reference shall apply to the comparable official
          or agency succeeding to their duties and
          functions.  Article VIII

                A. To administer the provisions of this
          Compact there is hereby created an interstate
          agency to be known as the Arkansas River Compact
          Administration herein designated as "the
          Administration."

                B. The Administration shall have power to:

                (1) Adopt, amend and revoke bylaws, rules
          and regulations consistent with the provisions of
          this Compact;

                (2) Prescribe procedures for the
          administration of this Compact: Provided, That
          where such procedures involve the operation of
          John Martin Reservoir Project they shall be
          subject to the approval of the District Engineer
          in charge of said project;

                (3) Perform all functions required to
          implement this Compact and to do all things
          necessary, proper or convenient in the
          performance of its duties.

                C. The membership of the Administration
          shall consist of three representatives from each
          state who shall be appointed by the respective
          governors for a term not to exceed four years.
          One Colorado representative shall be a resident
          of and water-right owner in Water Districts 14 or
          17, one Colorado representative shall be a
          resident of and water-right owner in Water
          District 67, and one Colorado representative
          shall be the Director of the Colorado Water
          Conservation Board. Two Kansas representatives
          shall be residents of and water-right owners in
          the counties of Finney, Kearny or Hamilton, and
          one Kansas representative shall be the chief
          state official charged with the administration of
          water rights in Kansas. The President of the
          United States is hereby requested to designate a
          representative of the United States, and if a
          representative is so designated he shall be an ex
          officio member and act as chairman of the
          Administration without vote.

                D. The state representatives shall be
          appointed by the respective governors within
          thirty days after the effective date of this
          Compact. The Administration shall meet and
          organize within sixty days after such effective
          date. A quorum for any meeting shall consist of
          four members of the Administration: Provided,
          That at least two members are present from each
          state. Each state shall have but one vote in the
          Administration and every decision, authorization
          or other action shall require unanimous vote. In
          case of a divided vote on any matter within the
          purview of the Administration, the Administration
          may, by subsequent unanimous vote, refer the
          matter for arbitration to the Representative of
          the United States or other arbitrator or
          arbitrators, in which event the decision made by
          such arbitrator or arbitrators shall be binding
          upon the Administration.

                E. (1) The salaries, if any, and the
          personal expenses of each member shall be paid by
          the government which he represents. All other
          expenses incident to the administration of this
          Compact which are not paid by the United States
          shall be borne by the states on the basis of 60
          percent by Colorado and 40 percent by Kansas.

                (2) In each even numbered year the
          Administration shall adopt and transmit to the
          governor of each state its budget covering
          anticipated expenses for the forthcoming biennium
          and the amount thereof payable by each state.
          Each state shall appropriate and pay the amount
          due by it to the Administration.

                (3) The Administration shall keep accurate
          accounts of all receipts and disbursements and
          shall include a statement thereof, together with
          a certificate of audit by a certified public
          accountant in its annual report.  Each state
          shall have the right to make an examination and
          audit of the accounts of the Administration at
          any time.

                F. Each state shall provide such available
          facilities, equipment and other assistance as the
          Administration may need to carry out its duties.
          To supplement such available assistance the
          Administration may employ engineering, legal,
          clerical and other aid as in its judgment may be
          necessary for the performance of its functions.
          Such employees shall be paid by and be
          responsible to the Administration, and shall not
          be considered to be employees of either state.

                G. (1) The Administration shall cooperate
          with the chief official of each state charged
          with the administration of water rights and with
          federal agencies in the systematic determination
          and correlation of the facts as to the flow and
          diversion of the waters of the Arkansas river and
          as to the operation and siltation of John Martin
          Reservoir and other related structures. The
          Administration shall cooperate in the
          procurement, interchange, compilation and
          publication of all factual data bearing upon the
          Administration of this Compact without, in
          general, duplicating measurements, observations
          or publications made by state or federal
          agencies. State officials shall furnish pertinent
          factual data to the Administration upon its
          request. The Administration shall, with the
          collaboration of the appropriate federal and
          state agencies, determine as may be necessary
          from time to time, the location of gaging
          stations required for the proper administration
          of this Compact and shall designate the official
          records of such stations for its official use.

                (2) The Director, U.S. Geological Survey,
          the Commissioner of Reclamation and the Chief of
          Engineers, U.S. Army, are hereby requested to
          collaborate with the Administration and with
          appropriate state officials in the systematic
          determination and correlation of data referred to
          in paragraph G (1) of this Article and in the
          execution of other duties of such officials which
          may be necessary for the proper administration of
          this Compact.

                (3) If deemed necessary for the
          administration of this Compact, the
          Administration may require the installation and
          maintenance, at the expense of water users, of
          measuring devices of approved type in any ditch
          or group of ditches diverting water from the
          Arkansas river in Colorado or Kansas.  The chief
          official of each state charged with the
          administration of water rights shall supervise
          the execution of the Administration's
          requirements for such installations.

                H. Violations of any of the provisions of
          this Compact or other actions prejudicial thereto
          which come to the attention of the Administration
          shall be promptly investigated by it. When deemed
          advisable as the result of such investigation,
          the Administration may report its findings and
          recommendations to the state official who is
          charged with the administration of water rights
          for appropriate action, it being the intent of
          this Compact that enforcement of its terms shall
          be accomplished in general through the state
          agencies and officials charged with the
          administration of water rights.

                I. Findings of fact made by the
          Administration shall not be conclusive in any
          court or before any agency or tribunal but shall
          constitute prima facie evidence of the facts
          found.

                J. The Administration shall report annually
          to the Governor of the States and to the
          President of the United States as to matters
          within its purview.  Article IX

                A. This Compact shall become effective when
          ratified by the Legislature of each State and
          when consented to by the Congress of the United
          States by legislation providing substantially,
          among other things, as follows:

                Nothing contained in this Act or in the
          Compact herein consented to shall be construed as
          impairing or affecting the sovereignty of the
          United States or any of its rights or
          jurisdiction in and over the area or waters which
          are the subject of such Compact: Provided, That
          the Chief of Engineers is hereby authorized to
          operate the conservation features of the John
          Martin Reservoir Project in a manner conforming
          to such Compact with such exceptions as he and
          the Administration created pursuant to the
          Compact may jointly approve.

                B. This Compact shall remain in effect
          until modified or terminated by unanimous action
          of the states and in the event of modification or
          termination all rights then established or
          recognized by this Compact shall continue
          unimpaired.

                In Witness Whereof, The commissioners have
          signed this Compact in triplicate original, one
          of which shall be forwarded to the Secretary of
          State of the United States of America and one of
          which shall be forwarded to the governor of each
          signatory state.

                Done in the City and County of Denver, in
          the state of Colorado, on the fourteenth day of
          December, in the Year of our Lord One Thousand
          Nine Hundred and Forty-eight.  Henry C. Vidal,
          Gail B. Ireland, Harry B. Mendenhall,
          Commissioners for Colorado George S. Knapp,
          Edward F. Arn, William E. Leavitt, Roland H.
          Tate, Commissioners for Kansas.  Attest:

                Warden L. Noe, Secretary Approved:

                Hans Kramer,

                Representative of the United States.

 

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