Page:United States Statutes at Large Volume 63 Part 1.djvu/185

 147 63 STAT.] 81ST CONG., 1ST SESS.-CH. 155- -MAY 31, 1949 storage may be made at times and rates determined by the Corps of Engineers to be necessary or advisable without regard to ditch diver- sion 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 con- servation 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, reser- voir, 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 development or construction. "AuBICL 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 suc- ceeding 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 succeed- ing 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 para- graphs 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 .: Pro- vided, 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

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