THE ARKANSAS RIVER COMPACT.

The state of Colorado and the state of Kansas desiring to provide for the division and control of the waters of the Arkansas river and to remove all causes of present and future controversy, between said states and between citizens of Kansas against citizens of Colorado, to the waters of said river, and being moved by considerations of interstate comity, pursuant to acts of their respective legislatures have resolved to conclude a compact or treaty for these purposes and have named as their commissioners, Delph E. Carpenter, for the state of Colorado, and George S. Knapp, for the state of Kansas, who have agreed upon the following articles:

ARTICLE I.

Where used in this compact, singular words shall be construed as including the plural, masculine words shall be construed as including the feminine and neuter, and the following terms and expressions shall have the following meanings respectively:

(1) The state of Colorado and the state of Kansas are designated, respectively, as "Colorado" and "Kansas."

(2) "Direct diversions" are those diversions of water from a stream, by means of ditches, canals or other appliances, whereby such waters are carried to the land for irrigation without storage.

(3) "Storage of water" is the impounding thereof in reservoirs for use subsequent to the time of the impounding.

(4) "Purgatoire cañon" means that portion of the cañon of the Purgatoire river in the state of Colorado situate between the point where said river enters a cañon immediately below the junction of the Purgatoire river and San Francisco creek in township 33 south, range 60 west, in Las Animas county, Colorado, and continuing thence in a northeasterly direction through portions of Las Animas, Otero and Bent counties to the Highland dam.

(5) The "Highland dam" is the diversion dam across the channel of Purgatoire river in section 1, township 25 south, range 52 west, sometimes designated as the Carman dam, heretofore constructed and used for the diversion of waters from the Purgatoire river in the principal canal of the Highland Irrigation District, the lands of which are situate between said dam and the Arkansas river.

(6) "Purgatoire reservoirs" means the reservoir or reservoirs which Colorado consents Kansas may build and hereafter operate in the Purgatoire cañon.

(7) "Final approval" of this compact means the date of the approval thereof by the congress of the United States, following its approval by the legislatures of the signatory states.

(8) "Interstate line" means the boundary line between the state of Colorado and the state of Kansas.

ARTICLE II.

Colorado grants to Kansas the right to construct and thereafter maintain and operate storage reservoir or reservoirs in the Purgatoire cañon to a maximum safe storage capacity of 120,000 acre-feet, which may include the site or basin of the Mammoth reservoir situate at the head of the Purgatoire cañon, subject to the following reservations and limitations and upon the following conditions which are and shall be limitations upon and conditions running with the rights and privileges hereby granted:

(1) Colorado agrees to acquire and to place at the disposal of Kansas the lands, rights of way and easements necessary for the construction and operation of such of said reservoirs as Kansas may select and designate, upon the express condition, however, that such designation shall be made within five years from the date of final approval of this compact, by written notice by the governor of Kansas to the governor of Colorado, and should Kansas fail so to select and designate such site or sites within said five-year period, Colorado shall be relieved of the duty of acquiring such lands, rights of way and easements for Kansas.

(2) Kansas shall commence the construction of such reservoir or reservoirs within fifteen (15) years from the date of the final approval of this compact, and shall complete such reservoirs within twenty-five (25) years from said date. The grant hereby made to Kansas shall terminate and revert to Colorado with respect to any of the Purgatoire reservoirs so selected by Kansas but which have not been constructed within 25 years from the date of final approval of this compact: Provided, however, That Kansas thereafter shall have the right to construct other reservoirs on said cañon at any site or sites remaining available, to a capacity sufficient to replace storage lost through the deposition of silt in reservoirs already constructed.

(3) Colorado grants to Kansas the right to acquire by purchase, prescription or the exercise of eminent domain, such rights of way, easements or lands as may be necessary for the construction, maintenance and operation of the reservoir or reservoirs provided for in subparagraph 2 of this article.

(4) Kansas shall comply with the laws of the state of Colorado relating to the approval of plans and specifications for reservoir dams, the inspection and supervision of the construction thereof and the safe operation and use thereof after completion.

(5) Such reservoir or reservoirs shall be and remain free from corporation, property and other taxes and assessments in Colorado, so long as the same shall be used by Kansas.

ARTICLE III.

Colorado grants to Kansas the right to store in the reservoirs provided for in article II, the waters of the Purgatoire river, with the following exceptions and reservations and upon the following conditions and limitations which are and shall be reservations, conditions and limitations running with the grant, hereby made, to wit:

(1) Water necessary to supply direct diversions made above the head of Purgatoire cañon in Colorado: Provided, however, That water so diverted shall be used exclusively upon lands within the drainage area of the Purgatoire river;

(2) Water necessary to supply all present constructed reservoirs, and reservoirs which may hereafter be constructed above the Purgatoire cañon to an additional maximum aggregate storage capacity of not to exceed 10,000 acrefeet: Provided, however, That the waters stored in any of such reservoirs shall be used exclusively within the drainage area of the Purgatoire river;

(3) Water necessary to supply present and future municipal and domestic needs in the drainage area of the Purgatoire river;

(4) Water necessary to supply direct diversions for the irrigation of lands in the Purgatoire cañon and in tributary cañons and draws;

(5) Water necessary to permit the Highland Irrigation District to enjoy its present decreed appropriations up to the amount actually required for the irrigation of the acres included in the Highland Irrigation District; and

(6) For the benefit of Colorado appropriators diverting from the Arkansas river below the mouth of the Purgatoire river, 10,000 acre-feet from the water flowing into said reservoirs in each calendar year or that part of said amount which may have flowed into said reservoirs during any year, said water to be discharged in quantities and times upon demand made by the Colorado water official having jurisdiction of the diversion and distribution of water in the Arkansas valley in Colorado and to be by him apportioned among the several appropriators diverting from the Arkansas river at points between the mouth of the Purgatoire and the interstate line, ratably according to the decreed appropriations held by said appropriators on the date of this compact, which said delivery of water from said reservoir shall constitute full satisfaction of any and all claims upon the waters of the Purgatoire river by all Colorado appropriators diverting from the main Arkansas river.*

* The commissioner for Kansas objects to paragraph six for the reason that since Colorado diverts more than 1,000,000 acre-feet annually from the main stream the loss of 10,000 acrefeet of Purgatoire river water could not be felt if distributed over the river, while the loss of that amount annually from the Purgatoire reservoir during a series of dry years might make storage on that stream of questionable benefit to Kansas.

ARTICLE IV.

(1) The Purgatoire reservoirs shall at all times be under the control of Kansas, subject to Colorado law as provided in article II.

(2) The channel of the Purgatoire river and the channel of the Arkansas river from the mouth of the Purgatoire to the interstate line are hereby constituted a carrier for conducting water, designated as "water in transit," which has been stored in the Purgatoire reservoirs in accordance with the terms of this compact: Provided, however, That the channels of said streams shall not be burdened with the carriage of such water above ordinary high water mark.

(3) The officials of Colorado having charge of the administration and the diversion and distribution of the waters of the Arkansas river, shall protect Kansas in the use and operation of said reservoirs, and shall supervise the carriage of waters therefrom through the channels of the Purgatoire and Arkansas rivers and the delivery thereof at the interstate line, less proper deductions for natural losses in transit. All withdrawals and carriage of water from said reservoirs to the interstate line shall be in conformity with the rules and regulations provided for in paragraph 4.

(4) The state engineer of Colorado and the state irrigation commissioner of Kansas, by agreement from time to time, shall formulate rules and regulations for carrying out the provisions of this contract, which, when signed and promulgated by them, shall be binding until amended by agreement between them or until terminated by written notice from one to the other.

(5) Said officials shall determine the losses incident to the flow of water from the Purgatoire reservoirs to the interstate line, and in the event said state officials disagree with respect to such losses, they shall select a third engineer, who, with such officials, shall constitute a board for the determination of such losses, and the decisions of such board shall be conclusive upon both states. The compensation and expense of the third member of such board shall be paid equally by the two states. Pending the determination of such losses, an arbitrary deduction of 10 per cent shall be charged against all runs of water from the reservoirs to the interstate line.

ARTICLE V.

(1) It is the desire of Kansas to permit its citizens to construct the Medway reservoir to be located in township 23 south, range 42, west of the sixth P. M., in Hamilton county, Kansas, a portion of the inlet canal and diversion works for the supply of which will be located in the vicinity of the Buffalo canal in Colorado, and to use said reservoir and inlet appliances for the diversion of water from the Arkansas river in Colorado and the carriage thereof into Kansas. With respect thereto it is agreed:

(a) Colorado consents that Kansas and its citizens may hereafter construct, maintain and operate such canal and diversion works in Colorado, and grants to Kansas and its citizens the right to acquire by purchase, prescription or the exercise of eminent domain such rights of way, easements or lands as may be necessary for the construction, maintenance and operation of said canal and diversion works, subject, however, to the reservations, limitations and upon the conditions expressed in this article, which are and shall be limitations upon and reservations and conditions running with the rights and privileges hereby granted.

(b) Waters stored in the Purgatoire reservoir by Kansas may be diverted by such inlet canal and carried to said Medway reservoir in lieu of carriage in the channel of the Arkansas river to the state line, and said inlet canal may be used for the diversion and carriage of such of the waters of the Arkansas river as would otherwise pass into Kansas after satisfying all present and future demands upon said stream in Colorado: Provided, however, That the diversion of water by said canal shall not encroach upon the rights or water supplies of present existing canals of Kansas, and shall not vest in Kansas or those in control of said canal or in the users of water therefrom any prior, preferred or superior servitude upon or claim or right to the use of any water of the Ar

kansas river in Colorado as against any present or future appropriator or user of water from said river in Colorado, and Kansas agrees no such claims will ever be made or asserted.

(c) Kansas shall have the right to regulate diversions of water by said canal for the purpose of protecting other diversions from the Arkansas river within Kansas and of diverting and conveying waters discharged from the Purgatoire reservoirs for carriage into Kansas, but Colorado reserves the right at all times to control and regulate the diversions by said canal to the extent necessary for protection of users in Colorado.

(2) Colorado hereby disclaims jurisdiction over the Frontier canal, which diverts water from the Arkansas river immediately above the interstate line and irrigates lands wholly in Kansas, and Colorado concedes to Kansas sole jurisdiction over said canal and the diversions of water thereby to the same extent as though said canal and works were located and the diversions of water made wholly within the state of Kansas.

ARTICLE VI.

(1) Kansas agrees that compliance by Colorado with the provisions of this compact shall relieve Colorado from any further or additional demand or claim by Kansas upon the waters of the Arkansas river within Colorado.

(2) Upon final approval, this compact shall be entered as the decree in all suits, now pending in the United States district court for the district of Colorado, between users of water from the Arkansas river in Kansas and Colorado.

ARTICLE VII.

In connection with each and every development made under the provisions of this compact, there shall be installed and maintained all equipment and apparatus essential for measuring quantities and rates of water flow, the determination of which may be necessary for the purpose of showing that the development or constructions is being operated in compliance with the provisions of this compact.

ARTICLE VIII.

Any administrative department, political subdivision, corporation, association, partnership or person authorized in that behalf by or under the laws of a signatory state may exercise the rights and privileges herein conferred on such state subject to the duties and obligations herein imposed on such state.

ARTICLE IX.

When any official of either state is designated to perform any duty under this compact, such designation shall be construed to include the state official or officials upon whom the duties now pertaining to such official may hereafter devolve, and it shall be the duty of the officials of Colorado, charged with the distribution of the waters of the Arkansas river, to carry out the terms and provisions of this compact, without the necessity of enactment of special statutes for such purposes by the general assembly.

ARTICLE X.

The physical and other conditions peculiar to the Arkansas river and the territory drained and served thereby constitute the basis for this compact, and neither of the signatory states hereby concedes the establishment of any general principle or precedent with respect to other interstate streams.

ARTICLE XI.

The provisions of this compact respecting each signatory state shall include and bind its inhabitants, citizens and corporations and all those engaged or interested in the diversion and use of the waters of the Arkansas river in that state.

ARTICLE XII.

Should any claim or controversy arise between the signatory states with respect to the meaning or performance of any of the terms of this compact, or in case it should become desirable to modify any provision or all of this compact, then the governor of each state, upon request of the governor of either state, shall forthwith appoint a commissioner empowered to jointly consider and adjust such claim or controversy or to recommend such modification, subject to ratification by the legislatures of the signatory states and the consent and approval of the congress of the United States.

ARTICLE XIII.

Nothing in this compact shall be construed to limit or prevent the institution or prosecution of any proceedings in any court of competent jurisdiction for the purpose of compensating, remedying or correcting by damages, injunction, mandamus or other process, civil or criminal, any act of commission or omission in violation of the provisions of this compact, for the protection of any rights under it, for the enforcement of any of its provisions, or for the awarding or enforcement of payment for compensation of any injury which may be caused by the exercise of any right or privileges herein authorized.

ARTICLE XIV.

This compact may be terminated at any time by the legislative action of the signatory states. In the event of the termination of this compact all rights and obligations which may have become established or vested under its provisions shall remain and continue uninterrupted. Said termination shall be subject to such terms and conditions as may be agreed to by said signatory states.

ARTICLE XV.

This compact shall be operative when approved by the legislature of each of the signatory states and by the congress of the United States. Notice of approval by the legislature shall be given by the governor of each state to the governor of the other state and to the President of the United States, and the President of the United States is requested to give notice to the governors of the signatory states of the consent and approval by the congress of the United States.

In Witness Whereof, The commissioners have signed this compact in duplicate originals, one of which shall be deposited with the secretary of state of each of the signatory states.

Done at nine hundred and

in the state of

in the year of our Lord one thousand

NOTE.-The above is a proposal for compact between the states of Colorado and Kansas respecting the diversion and control of the waters of the Arkansas river. It is now offered for examination, study and criticism by counsel and other interested parties in both states.

DENVER, COLO., July 24, 1925.

(Signed)

DELPH E. CARPENTER.

(Signed)

GEO. S. KNAPP.