Page:United States Statutes at Large Volume 44 Part 2.djvu/239

 SIXTY-NINTH CONGRESS. Sass. I. Cn. a 1926. 198 reservationsmnd limitations and u the conditions exprwsed in °¤¤*¤ *’*•**° mm thiis arltilcile which are and tghalllo be lgillfggons upon a{11;lrér?ervotions m”“`O°¤u¤m¢ an *ce” " wi t ri ts ` priv" O * " andiwhich shall be lcggressed     N respw ttosai can . c~ »` 1 Q ~ `~’ a ·, im B;“Thh? get-future flow cgtgheloweir sectipa of the   gllatte ’ver·w c ma remain ran ying. present an ture appropriations   the upper   and afteresupplying all appropriations from the lowensection perfectedprior to the 17th day o December, 1921, and after supp ing the additional future appropriations in the lower section for tile benefit of which a prior and preferred use of thirty-five: thousand acre-feet of water is reserved by subparilagrgaph (a) of this article, may be diverted by said canal between ·15th day ofOotober of any year and the lst day of April of the next succeeding year, subject to the following reservations,*limitations, and conditions: » V, ~ ~ of t e river by present perfected appropriations   hereby reserves the prior, (preferred; and superior r' ht to store, use, and to have in storage in readiness for use on an? after the lst day of April in each year an aggrEate of thirty-five thousand acreqfeet of water to be diverted; from e {low-of the river inthe lower section between the 15th day of Octoberof each-year and the lstrday of April of the next succeeding year, withoutrregard to .the·manner or time of mn.kin%‘such‘future uses, and diversions of water bglsaid Nebraska canal s all in .no-—manner~impair‘ or interfere wi the exercisaaa by Colorado of the  of future use of the water hereby (b) Subject at all times to the reservation made by subpsragra h gc) and to the other provisions of this articlepsaid proposed caiiinl s all be entitled to divert live hundred cubic feet of water per second of time from the {low of the river in the lower section, as of tplriorit of appro riation of date December 17, 1921, only between e 15th day of Cliztober of any r and the lst day of April ofthenext succeeding year uapon · expram condition. that thenright to so divertowater is an shall be limited exclusively to said annual period and shall not constitute the basis for any claimto ¥water»n0¢¤etary_ to supply all present and future appropriationadn the  section or present appropriations in the lower section and those ereafter to be made therein as provided in subparagraph (a). " 3. Neither this compact nor the construction and operation of such a canal nor the diversion,   and tzpplication oflwater thereby shall vest in Nebraska, or in· osein. argeor control of said canal or in the users of mater therefrom, any prior — preferred, orpsuperior servitude upon’or»c1aim»or right toltheuseacf an water of the South Platte River in Colorado; from the lst day of  to the 16th dayof October of any year»or»a§ainst any present ers ture ap£rop1~ihtorlor.user· of water from sai riser in (blonde during sa period oteveryiyear rand Nebraska specifically waives anyesuc claims andmgrees that-the same shall never be~made,or= Any surplus waters of the rivcr,_whid1 otherwise wouldllow past the interstate station during suclrperiod ofany year after  all present and future diversions by Colorado, may be div by suchla canal, subject to the other provisions and conditions of this artic e. » · J .  “ 4. Diversions of water by said canal shall not   the How necessary to pass the interstate station to satisfy superior claims of users of waterrfrom theriver in Nebraska. ~ -, ` , » a , '“—5.r No appropriations ofwrater from the South Platte River by any other canal within Colorado shall beefransferred to said canal
 * “%i) In addition to the water now diverted from the lower section