Page:United States Statutes at Large Volume 63 Part 1.djvu/184

 PUBLIC LAWS-CH. 155-MAY 31, 1949 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 'Stateline' 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 Stateline, and excluding waters brought into the Arkansas River Basin from other river basins. "C. The term 'Stateline flow' means the flow of waters of the Arkansas River as determined by gaging stations located at or near the Stateline. The flow as determined by such stations, whether located in Colorado or Kansas, shall be deemed to be the actual Stateline flow. "D. 'John Martin Reservoir Project' is the official name of the facility formerly known as Caddoa Reservoir Project, authorized by 49 Stat. 1577. 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 Reser- voir' 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 tribu- taries downstream from John Martin Dam for irrigation use in Colorado. "H. The term 'river flow' means the sum of the flows of the Arkan- sas and the Purgatoire Rivers into John Martin Reservoir as deter- mined by gaging stations appropriately located above said Reservoir. "I. The term the Administration' means the Arkansas River Com- pact Administration established under Article VIII. "ARrcLE 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 Engi- neers 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 146 [63 STAT.

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