History: L. 1935, ch. 321, §§ 1, 2; Repealed, L. 1951, ch. 526, § 1; June 30.
History: L. 1935, ch. 322, §§ 1, 2; Repealed, L. 1951, ch. 526, § 1; June 30.
History: L. 1935, ch. 323, §§ 1, 2; Repealed, L. 1951, ch. 526, § 1; June 30.
History: L. 1935, ch. 324, §§ 1, 2; Repealed, L. 1951, ch. 526, § 1; June 30.
History: L. 1935, ch. 325, §§ 1, 2; Repealed, L. 1951, ch. 526, § 1; June 30.
History: L. 1935, ch. 326, §§ 1, 2; Repealed, L. 1951, ch. 526, § 1; June 30.
History: L. 1935, ch. 327, §§ 1, 2; Repealed, L. 1951, ch. 526, § 1; June 30.
History: L. 1935, ch. 328, §§ 1, 2; Repealed, L. 1951, ch. 526, § 1; June 30.
History: L. 1941, ch. 401, § 1; Repealed, L. 1943, ch. 334, § 1; June 28.
The States of Colorado, Kansas, and Nebraska, parties signatory to this compact (hereinafter referred to as Colorado, Kansas, and Nebraska, respectively, or individually as a State, or collectively as the States), having resolved to conclude a compact with respect to the waters of the Republican River Basin, and being duly authorized therefor by the Act of the Congress of the United States of America, approved August 4, 1942, (Public No. 696, 77th Congress, Chapter 545, 2nd Session) and pursuant to Acts of their respective Legislatures have, through their respective Governors, appointed as their Commissioners:
M. C. Hinderlider, for Colorado George S. Knapp, for Kansas Wardner G. Scott, for Nebraska
who, after negotiations participated in by Glenn L. Parker, appointed by
the President as the Representative of the United States of America, have
agreed upon the following articles:
The major purposes of this compact are to provide for the most efficient use of the waters of the Republican River Basin (hereinafter referred to as the "Basin") for multiple purposes; to provide for an equitable division of such waters; to remove all causes, present and future, which might lead to controversies; to promote interstate comity; to recognize that the most efficient utilization of the waters within the Basin is for beneficial consumptive use; and to promote joint action by the States and the United States in the efficient use of water and the control of destructive floods.
The physical and other conditions peculiar to the Basin constitute the
basis for this compact, and none of the States hereby, nor the Congress of
the United States by its consent, concedes that this compact establishes
any general principle or precedent with respect to any other interstate
stream.
The Basin is all the area in Colorado, Kansas, and Nebraska, which is naturally drained by the Republican River, and its tributaries, to its junction with the Smoky Hill River in Kansas. The main stem of the Republican River extends from the junction near Haigler, Nebraska, of its North Fork and the Arikaree River, to its junction with Smoky Hill River near Junction City, Kansas. Frenchman Creek (River) in Nebraska is a continuation of Frenchman Creek (River) in Colorado. Red Willow Creek in Colorado is not identical with the stream having the same name in Nebraska. A map of the Basin approved by the Commissioners is attached and made a part hereof.
The term "Acre-foot," as herein used, is the quantity of water required to cover an acre to the depth of one foot and is equivalent to forty-three thousand, five hundred sixty (43,560) cubic feet.
The term "Virgin Water Supply," as herein used, is defined to be the water supply within the Basin undepleted by the activities of man.
The term "Beneficial Consumptive Use" is herein defined to be that use by which the water supply of the Basin is consumed through the activities of man, and shall include water consumed by evaporation from any reservoir, canal, ditch, or irrigated area.
Beneficial consumptive use is the basis and principle upon which the
allocations of water hereinafter made are predicated.
The specific allocations in acre-feet hereinafter made to each State are derived from the computed average annual virgin water supply originating in the following designated drainage basins, or parts thereof, in the amounts shown:
North Fork of the Republican River drainage basin in Colorado, 44,700 acre-feet;
Arikaree River drainage basin, 19,610 acre-feet;
Buffalo Creek drainage basin, 7,890 acre-feet;
Rock Creek drainage basin, 11,000 acre-feet;
South Fork of the Republican River drainage basin, 57,200 acre-feet;
Frenchman Creek (River) drainage basin in Nebraska, 98,500 acre-feet;
Blackwood Creek drainage basin, 6,800 acre-feet;
Driftwood Creek drainage basin, 7,300 acre-feet;
Red Willow Creek drainage basin in Nebraska, 21,900 acre-feet;
Medicine Creek drainage basin, 50,800 acre-feet;
Beaver Creek drainage basin, 16,500 acre-feet;
Sappa Creek drainage basin, 21,400 acre-feet;
Prairie Dog Creek drainage basin, 27,600 acre-feet;
The North Fork of the Republican River in Nebraska and the main stem of the Republican River between the junction of the North Fork and Arikaree River and the lowest crossing of the river at the Nebraska-Kansas state line and the small tributaries thereof, 87,700 acre-feet.
Should the future computed virgin water supply of any source vary more
than the (10) percent from the virgin water supply as hereinabove set
forth, the allocations hereinafter made from such source shall be increased
or decreased in the relative proportions that the future computed virgin
water supply of such source bears to the computed virgin water supply used
herein.
There is hereby allocated for beneficial consumptive use in Colorado, annually, a total of fifty-four thousand, one hundred (54,100) acre-feet of water. This total is to be derived from the sources and in the amounts hereinafter specified and is subject to such quantities being physically available from those sources:
North Fork of the Republican River drainage basin, 10,000 acre-feet;
Arikaree River drainage basin, 15,400 acre-feet;
South Fork of the Republican River drainage basin, 25,400 acre-feet;
Beaver Creek drainage basin, 3,300 acre-feet; and
In addition, for beneficial consumptive use in Colorado, annually, the entire water supply of the Frenchman Creek (River) drainage basin in Colorado and of the Red Willow Creek drainage basin in Colorado.
There is hereby allocated for beneficial consumptive use in Kansas, annually, a total of one hundred ninety thousand, three hundred (190,300) acre-feet of water. This total is to be derived from the sources and in the amounts hereinafter specified and is subject to such quantities being physically available from those sources:
Arikaree River drainage basin, 1,000 acre-feet;
South Fork of the Republican River drainage basin, 23,000 acre-feet;
Driftwood Creek drainage basin, 500 acre-feet;
Beaver Creek drainage basin, 6,400 acre-feet;
Sappa Creek drainage basin, 8,800 acre-feet;
Prairie Dog Creek drainage basin, 12,600 acre-feet;
From the main stem of the Republican River upstream from the lowest crossing of the river at the Nebraska-Kansas state line and from water supplies of upstream basins otherwise unallocated herein, 138,000 acre-feet; provided, that Kansas shall have the right to divert all or any portion thereof at or near Guide Rock, Nebraska; and
In addition there is hereby allocated for beneficial consumptive use in Kansas, annually, the entire water supply originating in the Basin downstream from the lowest crossing of the river at the Nebraska-Kansas state line.
There is hereby allocated for beneficial consumptive use in Nebraska, annually, a total of two hundred thirty-four thousand, five hundred (234,500) acre-feet of water. This total is to be derived from the sources and in the amounts hereinafter specified and is subject to such quantities being physically available from those sources:
North Fork of the Republican River drainage basin in Colorado, 11,000 acre-feet;
Frenchman Creek (River) drainage basin in Nebraska, 52,800 acre-feet;
Rock Creek drainage basin, 4,400 acre-feet;
Arikaree River drainage basin, 3,300 acre-feet;
Buffalo Creek drainage basin, 2,600 acre-feet;
South Fork of the Republican River drainage basin, 800 acre-feet;
Driftwood Creek drainage basin, 1,200 acre-feet;
Red Willow Creek drainage basin in Nebraska, 4,200 acre-feet;
Medicine Creek drainage basin, 4,600 acre-feet;
Beaver Creek drainage basin, 6,700 acre-feet;
Sappa Creek drainage basin, 8,800 acre-feet;
Prairie Dog Creek drainage basin, 2,100 acre-feet;
From the North Fork of the Republican River in Nebraska, the main stem of the Republican River between the junction of the North Fork and Arikaree River and the lowest crossing of the river at the Nebraska-Kansas state line, from the small tributaries thereof, and from water supplies of up-stream basins otherwise unallocated herein, 132,000 acre-feet. The use of the waters hereinabove allocated shall be subject to the laws of the State, for use in which the allocations are made.
The judgment and all provisions thereof in the case of Adelbert A. Weiland, as State Engineer of Colorado, et al., v. The Pioneer Irrigation Company, decided June 5, 1922, and reported in 259 U.S. 498, affecting the Pioneer Irrigation ditch or canal, are hereby recognized as binding upon the States; and Colorado, through its duly authorized officials, shall have the perpetual and exclusive rights to control and regulate diversions of water at all times by said canal in conformity with said judgment.
The water heretofore adjudicated to said Pioneer Canal by the District
Court of Colorado, in the amount of fifty (50) cubic feet per second of
time is included in and is a part of the total amounts of water
hereinbefore allocated for beneficial consumptive use in Colorado and
Nebraska.
The right of any person, entity, or lower State to construct, or
participate in the future construction and use of any storage reservoir or
diversion works in an upper State for the purpose of regulating water
herein allocated for beneficial consumptive use in such lower State, shall
never be denied by an upper State; provided, that such right is subject to
the rights of the upper State.
Any person, entity, or lower State shall have the right to acquire
necessary property rights in an upper State by purchase, or through the
exercise of the power of eminent domain, for the construction, operation
and maintenance of storage reservoirs, and of appurtenant works, canals and
conduits, required for the enjoyment of the privileges granted by Article
VI; provided, however, that the grantees of such rights shall pay to the
political subdivisions of the State in which such works are located, each
and every year during which such rights are enjoyed for such purposes, a
sum of money equivalent to the average annual amount of taxes assessed
against the lands and improvements during the ten years preceding the use
of such lands, in reimbursement for the loss of taxes to said political
subdivisions of the State.
Should any facility be constructed in an upper State under the provisions of Article VI, such construction and the operation of such facility shall be subject to the laws of such upper State.
Any repairs to or replacements of such facility shall also be made in
accordance with the laws of such upper State.
It shall be the duty of the three States to administer this compact through the official in each State who is now or may hereafter be charged with the duty of administering the public water supplies, and to collect and correlate through such officials the data necessary for the proper administration of the provisions of this compact. Such officials may, by unanimous action, adopt rules and regulations consistent with the provisions of this compact.
The United States Geological Survey, or whatever federal agency may
succeed to the functions and duties of that agency, insofar as this compact
is concerned, shall collaborate with the officials of the States charged
with the administration of this compact in the execution of the duty of
such officials in the collection, correlation, and publication of water
facts necessary for the proper administration of this compact.
Nothing in this compact shall be deemed:
(a) To impair or affect any rights, powers or jurisdiction of the United States, or those acting by or under its authority, in, over, and to the waters of the Basin; nor to impair or affect the capacity of the United States, or those acting by or under its authority, to acquire rights in and to the use of waters of the Basin;
(b) To subject any property of the United States, its agencies or instrumentalities, to taxation by any State, or subdivision thereof, nor to create an obligation on the part of the United States, its agencies or instrumentalities, by reason of the acquisition, construction, or operation of any property or works of whatsoever kind, to make any payments to any State or political subdivision thereof, state agency, municipality, or entity whatsoever in reimbursement for the loss of taxes;
(c) To subject any property of the United States, its agencies or instrumentalities, to the laws of any State to any extent other than the extent these laws would apply without regard to this compact.
This compact shall become operative when ratified by the Legislature of each of the States, and when consented to by the Congress of the United States by legislation providing, among other things that:
(a) Any beneficial consumptive uses by the United States, or those acting by or under its authority, within a state, of the waters allocated by this compact, shall be made within the allocations hereinabove made for use in that State and shall be taken into account in determining the extent of use within that State.
(b) The United States, or those acting by or under its authority, in the exercise of rights or powers arising from whatever jurisdiction the United States has in, over, and to the waters of the Basin shall recognize, to the extent consistent with the best utilization of the waters for multiple purposes, that beneficial consumptive use of the waters within the Basin is of paramount importance to the development of the Basin; and no exercise of such power or right thereby that would interfere with the full beneficial consumptive use of the waters within the Basin shall be made except upon a determination, giving due consideration to the objectives of this compact and after consultation with all interested federal agencies and the state officials charged with the administration of this compact, that such exercise is in the interest of the best utilization of such waters for multiple purposes.
(c) The United States, or those acting by or under its authority, will recognize any established use, for domestic and irrigation purposes of the waters allocated by this compact which may be impaired by the exercise of federal jurisdiction in, over, and to such waters; provided, that such use is being exercised beneficially, is valid under the laws of the appropriate State and in conformity with this compact at the time of the impairment thereof, and was validly initiated under state law prior to the initiation or authorization of the federal program or project which causes such impairment.
In Witness Whereof, the Commissioners have signed this compact in quadruplicate original, one of which shall be deposited in the archives of the Department of State of the United States of America and shall be deemed the authoritative original, and of which a duly certified copy shall be forwarded to the Governor of each of the States.
Done in the city of Lincoln, in the State of Nebraska, on the 31st day of December, in the year of our Lord, one thousand nine hundred forty-two.
M. C. Hinderlider Commissioner for Colorado George S. Knapp Commissioner for Kansas Wardner G. Scott Commissioner for Nebraska
I have participated in the negotiations leading to this proposed compact and propose to report to the Congress of the United States favorably thereon.
Glenn L. Parker Representative of the United States
History: L. 1943, ch. 335, § 1; June 28.
History: L. 1945, ch. 217, § 1; L. 1947, ch. 492, § 1; Repealed, L. 1951, ch. 526, § 1; June 30.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
Attest:
Warden L. Noe, Secretary
Approved:
Hans Kramer,
Representative of the United States.
History: L. 1949, ch. 509, § 1; June 30.
History: L. 1949, ch. 510, § 1; Feb. 26.
History: L. 1949, ch. 510, § 2; Feb. 26.
History: L. 1949, ch. 510, § 3; Feb. 26.
History: L. 1949, ch. 510, § 4; Feb. 26.
History: L. 1949, ch. 510, § 5; Feb. 26.
History: L. 1949, ch. 510, § 6; Feb. 26.
History: L. 1949, ch. 510, § 7; Feb. 26.
The true and permanent boundary line between the state of Missouri and the state of Kansas follows the thalweg line at the time of the April, 1952, avulsion and sudden change of the Missouri river channel and is more particularly described as beginning at the intersection of the present thalweg line of the Missouri river channel and the thalweg line of the Missouri river channel as it existed prior to the April, 1952, avulsion and having Kansas State Coordinate of 540240.22 feet north and 2878720.31 feet east of the Kansas North Zone; thence along the thalweg line as it existed prior to the April, 1952, avulsion the following courses and distances:
North 85°50'30" West to an aluminum monument, 482.0 feet; South 67°13'0" West, 814.0 feet to an aluminum monument; South 51°09'0" West, 693.0 feet; South 78°58'0" West, 601 feet to an aluminum monument; South 59°11'0" West, 996 feet to an aluminum monument; South 20°57'30" West, 1725.0 feet; South 51°36'0" West, 658.0 feet; South 42°12'30" West, 1596.0 feet; South 55°30'30" West, 597.0 feet; South 60°26'30" West, 1601.0 feet; South 64°34'30" West, 1237.0 feet; South 87°02'30" West, 368.0 feet; South 73°47'30" West, 602.0 feet; South 85°54'0" West, 1146.0 feet; North 75°38'30" West, 565.0 feet; North 68°54'30" West, 806.0 feet; North 61°58'0" West, 787.0 feet; North 55°20'0" West, 1793.0 feet; North 48°13'0" West, 2897.0 feet; North 43°25'30" West, 902.0 feet; North 28°04'30" West, 1190.0 feet; North 22°01'30" West, 1101.0 feet; North 10°19'30" East, 825.0 feet; North 17°07'30" West, 662.0 feet to an aluminum monument; North 8°48'0" East, 556.0 feet; North 4°33'30" West, 692.0 feet to an aluminum monument; North 29°27'0" East, 1200.0 feet; North 44°15'0" East, 1096.0 feet to an aluminum monument; North 58°32'30" East, 1112.0 feet; North 74°17'0" East, 1181.0 feet; South 55°0'30" East, 855.0 feet; South 89°49'30" East, 1640.0 feet; South 78°07'30" East, 996.0 feet; South 89°07'0" East, 650.0 feet to an aluminum monument; North 70°10'30" East, 781.0 feet; South 81°27'30" East, 1042.0 feet to an aluminum monument; North 69°36'0" East, 1707.0 feet; North 71°34'0" East, 2498.0 feet to an aluminum monument; North 55°57'0" East, 1098.0 feet to an aluminum monument; North 48°55'30" East, 982.0 feet to an aluminum monument; North 19°01'30" East, 491.0 feet to an aluminum monument; North 51°47'0" East, 503.0 feet; North 34°27'0" East, 521.0 feet; North 40°06'0" East, 373.0 feet to the point of intersection of the thalweg line of the current Missouri river channel and the thalweg line as it existed prior to the April, 1952, avulsion and having Kansas State Coordinate Values of 549195.06 feet North and 2876850.19 feet East of the Kansas North Zone, according to a survey executed by Williamson Engineering & Surveying dated April 30, 1980, and hereby made a part of the legal description.
History: L. 1980, ch. 330, § 1; July 1.
History: L. 1980, ch. 330, § 2; July 1.
The state of Kansas and the state of Oklahoma, acting through their duly
authorized compact representatives, Robert L. Smith and Warden L. Noe, for
the state of Kansas, and Geo. R. Benz and Frank Raab, for the state of
Oklahoma, after negotiations participated in by Trigg Twichell, appointed
by the president as the representative of the United States of America, and
in accordance with the consent to such negotiations granted by an act of
congress of the United States of America, approved August 11, 1955 (public
law 340, 84th congress, 1st session), have agreed as follows respecting the
waters of the Arkansas river and its tributaries:
The major purposes of this compact are: A. To promote interstate comity between the states of Kansas and Oklahoma:
B. To divide and apportion equitably between the states of Kansas and Oklahoma the waters of the Arkansas river basin and to promote the orderly development thereof;
C. To provide an agency for administering the water apportionment agreed to herein;
D. To encourage the maintenance of an active pollution-abatement program
in each of the two states and to seek the further reduction of both natural
and man-made pollution in the waters of the Arkansas river basin.
As used in this compact: A. The term "state" shall mean either state signatory hereto and shall be construed to include any person or persons, entity or agency of either state who, by reason of official responsibility or by designation of the governor of that state, is acting as an official representative of that state;
B. The term "Kansas-Oklahoma Arkansas river commission" or the term "commission" means the agency created by this compact for the administration thereof;
C. The term "Arkansas river" means that portion of the Arkansas river from a point immediately below the confluence of the Arkansas and Little Arkansas rivers in the vicinity of Wichita, Kansas, to a point immediately below the confluence of the Arkansas river with the Grand-Neosho river near Muskogee, Oklahoma;
D. The term "Arkansas river basin" means all of the drainage basin of the Arkansas river as delimited above, including all tributaries which empty into it between the upstream and downstream limits;
E. The term "waters of the Arkansas river and its tributaries" means the waters originating in the Arkansas river basin;
F. The term "conservation storage capacity" means that portion of the active storage capacity of reservoirs, including multipurpose reservoirs, with a conservation storage capacity in excess of 100 acre-feet, available for the storage of water for subsequent use, but it excludes any portion of the storage capacity allocated to flood and sediment control and inactive storage capacity allocated to other uses;
G. The term "new conservation storage capacity" means conservation storage capacity for which construction is initiated after July 1, 1963, and storage capacity not presently allocated for conservation storage which is converted to conservation storage capacity after July 1, 1963, in excess of the quantities of declared conservation storage capacity as set forth in the storage table attached to and made a part of the minutes of the twenty-fourth meeting of the compact committee dated September 1, 1964, and as filed and identified to this compact in the offices of the secretaries of state of the respective states;
H. The term "pollution" means contamination or other alterations of the
physical, chemical, biological or radiological properties of water or the
discharge of any liquid, gaseous, or solid substances into any waters which
creates or is likely to result in a nuisance, or which renders or is likely
to render the waters into which it is discharged harmful, detrimental or
injurious to public health, safety, or welfare or which is harmful,
detrimental or injurious to beneficial uses of the water.
The physical and other conditions peculiar to the Arkansas river basin
constitute the basis for this compact, and neither of the states hereby,
nor the congress of the United States by its consent hereto, concedes that
this compact establishes any general principle with respect to any other
interstate stream.
A. For the purpose of apportionment of water between the two states, the Arkansas river basin is hereby divided into major topographic subbasins as follows: (1) The Grand-Neosho river subbasin; (2) the Verdigris river subbasin; (3) the Salt Fork river subbasin; (4) the Cimarron river subbasin; and (5) the mainstem Arkansas river subbasin which shall consist of the Arkansas river basin, excepting the Grand-Neosho river, Verdigris river, Salt Fork river, and Cimarron river subbasins.
B. The two states recognize that portions of other states not signatory
to this compact lie within the drainage area of the Arkansas river basin as
herein defined. The water apportionments provided for in this compact are
not intended to affect nor do they affect the rights of such other states
in and to the use of the waters of the basin.
The state of Kansas shall have free and unrestricted use of the waters of the Arkansas river basin within Kansas subject to the provisions of this compact and to the limitations set forth below:
A. New conservation storage capacity in the Grand-Neosho river subbasin within the state of Kansas shall not exceed 650,000 acre-feet plus an additional capacity equal to the new conservation storage in said drainage basin in Oklahoma excepting storage on Spavinaw creek;
B. New conservation storage capacity in the Verdigris river subbasin within the state of Kansas shall not exceed 300,000 acre-feet plus an additional capacity equal to the new conservation storage in said drainage basin in Oklahoma, excepting navigation capacity allocated in Oologah reservoir;
C. New conservation storage capacity in the mainstem Arkansas river subbasin within the state of Kansas shall not exceed 600,000 acre-feet plus an additional capacity equal to the new conservation storage in said drainage basin in Oklahoma;
D. New conservation storage capacity in the Salt Fork river subbasin within the state of Kansas shall not exceed 300,000 acre-feet plus an additional capacity equal to the new conservation storage in said drainage basin in Oklahoma;
E. New conservation storage capacity in the Cimarron river subbasin
within the state of Kansas shall not exceed 5,000 acre-feet, provided that
new conservation storage capacity in excess of that amount may be
constructed if specific project plans have first been submitted to and have
received the approval of the commission.
The state of Oklahoma shall have free and unrestricted use of the waters of the Arkansas river basin within Oklahoma subject to the provisions of this compact and to the limitations set forth below:
New conservation storage capacity in the Cimarron river subbasin within
the state of Oklahoma shall not exceed 5,000 acre-feet provided that new
conservation storage capacity in excess of that amount may be constructed
if specific project plans have first been submitted to and have received
the approval of the commission.
A. The commission shall determine the conditions under which one state may construct and operate for its needs new conservation storage capacity in the other state. The construction or utilization of new conservation storage capacity by one state in the other state shall entitle the state whose storage potential is reduced by such construction to construct an equal amount of new conservation storage in a subbasin agreeable to the commission.
B. New conservation storage capacity constructed by the United States or any of its agencies, instrumentalities or wards, or by a state, political subdivision thereof, or any person or persons shall be charged against the state in which the use is made.
C. Each state has the unrestricted right to replace within the same subbasin, any conservation storage capacity made unusable by any cause.
D. In the event reallocation of storage capacity in the Arkansas river
basin in Oklahoma should result in the reduction of that state's new
conservation storage capacity, such reallocation shall not reduce the total
new conservation storage capacities available to Kansas under Article V;
provided that a subsequent reinstatement of such storage capacity shall not
be charged as an increase in Oklahoma's new conservation storage capacity.
A. In the event of importation of water to a major subbbasin of the Arkansas river basin from another river basin, or from another major subbasin within the same state, the state making the importation shall have exclusive use of such imported waters.
B. In the event of exportation of water from a major subbasin for use in another major subbasin or for use outside the Arkansas river basin within the same state, the limitations of Article V and VI on new conservation capacity shall apply against the subbasin from which the exportation is made in the amount of the storage capacity actually used for that purpose within the exporting subbasin or, in the event of direct diversion of water without storage, on the basis of five acre-feet of conservation storage capacity for each acre-foot of water on the average so diverted annually.
C. Any reservoir storage capacity which is required for the control and utilization of imported waters shall not be accounted as new conservation storage.
D. Should a transbasin diversion of waters of the Arkansas river basin
be made in one state for the use and benefit of the other state or both
states, the commission shall determine a proper accounting of new
conservation storage capacities in each state in accordance with the above
principles and with the project uses to be made in that state.
The states of Kansas and Oklahoma mutually agree to: A. The principle of individual state effort to abate man-made pollution within each state's respective borders, and the continuing support of both states in an active pollution-abatement program;
B. The cooperation of the appropriate state agencies in Kansas and Oklahoma to investigate and abate sources of alleged interstate pollution within the Arkansas river basin whenever such matters are called to their attention by the commission;
C. Enter into joint programs for the identification and control of sources of natural pollution within the Arkansas river basin which the commission finds are of interstate significance;
D. The principle that neither state may require the other to provide water for the purpose of water-quality control as a substitute for adequate waste treatment;
E. Utilize the provisions of the federal water pollution control act in
the resolution of any pollution problems which cannot be resolved within
the provisions of this compact.
A. There is hereby created an interstate administrative agency to be known as the "Kansas-Oklahoma Arkansas river commission." The commission shall be composed of three commissioners representing each of the states of Kansas and Oklahoma who shall be appointed by the governors of the respective states and, if designated by the president, one commissioner representing the United States. The president is hereby requested to designate a commissioner and an alternate representing the United States. The federal commissioner, if one be designated, shall be the presiding officer of the commission, but shall not have the right to vote in any of the deliberations of the commission.
B. One Kansas commissioner shall be the state official who now or hereafter shall be responsible for administering water law in the state; the other two commissioners shall reside in the Arkansas river basin in Kansas and shall be appointed to four-year staggered terms.
C. One Oklahoma commissioner shall be the state official who now or hereafter shall be responsible for administering water law in the state; the other two commissioners shall reside in the Arkansas river basin in Oklahoma and shall be appointed to four-year staggered terms.
D. A majority of the commissioners of each state and the commissioner or his alternate representing the United States, if so designated, must be present to constitute a quorum. In taking any commission action, each signatory state shall have a single vote representing the majority opinion of the commissioners of that state.
E. The salaries and personal expenses of each commissioner shall be paid
by the government which he represents. All other expenses which are
incurred by the commission incident to the administration of this compact
shall be borne equally by the two states and shall be paid by the
commission out of the "Kansas-Oklahoma Arkansas river commission fund."
Such fund shall be initiated and maintained by equal payments of each state
into the fund. Disbursements shall be made from said fund in such manner as
may be authorized by the commission. Such fund shall not be subject to the
audit and accounting procedures of the states; however, all receipts and
disbursements of funds handled by the commission shall be audited by a
qualified independent public accountant at regular intervals, and the
report of such audit shall be included in and become a part of the annual
report of the commission.
A. The commission shall have the power to: (1) Employ such engineering, legal, clerical and other personnel as in its judgment may be necessary for the performance of its functions under the compact;
(2) Enter into contracts with appropriate state or federal agencies for the collection, correlation, and presentation of factual data, for the maintenance of records, and for the preparation of reports;
(3) Establish and maintain an office for the conduct of its affairs;
(4) Adopt rules and regulations governing its operations;
(5) Cooperate with federal agencies in developing principles, consistent with the provisions of this compact and with federal policy, for the storage and release of water from all-federal capacities of federal reservoirs, both existing and future within the Arkansas river basin, for the purpose of assuring their operation in the best interests of the states and the United States;
(6) Permit either state, with the consent of the proper operating agency, to impound water, for such periods of time deemed necessary or desirable by the commission, in available reservoir storage capacity which is not designated as conservation or new conservation storage capacity for subsequent release and use for any purpose approved by the commission;
(7) Hold hearings and take testimony and receive evidence at such times and places as it deems necessary;
(8) Secure from the head of any department or agency of the federal or state government such information, suggestions, estimates and statistics as it may need or believe to be useful for carrying out its functions and as may be available to or procurable by the department or agency to which the request is addressed;
(9) Print or otherwise reproduce and distribute all of its proceedings and reports.
B. The commission shall: (1) Cause to be established, maintained and operated such stream, reservoir, or other gaging stations as may be necessary for the proper administration of the compact;
(2) Collect, analyze and report on data as to stream flows, water quality, conservation storage, and such other information as is necessary for the proper administration of the compact;
(3) Perform all other functions required of it by the compact and do all things necessary, proper or convenient in the performance of its duties thereunder;
(4) Prepare and submit an annual report to the governor of each signatory state and to the president of the United States covering the activities of the commission for the preceding fiscal year, together with an accounting of all funds received and expended by it in the conduct of its work;
(5) Prepare and submit to the governor of each of the states of Kansas and Oklahoma an annual budget covering the anticipated expenses of the commission for the following fiscal year;
(6) Make available to the governor or any state agency of either state
or to any authorized representatives of the United States, upon request,
any information within its possession.
A. Recognizing the present limited uses of the available water supplies of the Arkansas river basin in the two states and the uncertainties of their ultimate water needs, the states of Kansas and Oklahoma deem it imprudent and inadvisable to attempt at this time to make final allocations of the new conservation storage capacity which may ultimately be required in either state, and, by the limitations on storage capacity imposed herein, have not attempted to do so. Accordingly, after the expiration of 25 years following the effective date of this compact, the commission may review any provisions of the compact for the purpose of amending or supplementing the same, and shall meet for the consideration of such review on the request of the commissioners of either state: Provided, That the provisions hereof shall remain in full force and effect until changed or amended by unanimous action of the states acting through their commissioners and until such changes are ratified by the legislatures of the respective states and consented to by the congress in the same manner as this compact is required to be ratified to become effective.
B. This compact may be terminated at any time by the appropriate action of the legislatures of both signatory states.
C. In the event of amendment or termination of the compact, all rights
established under the compact shall continue unimpaired.
Nothing in this compact shall be deemed: A. To impair or affect the powers, rights or obligations of the United States, or those claiming under its authority, in, over and to the waters of the Arkansas river basin;
B. To interfere with or impair the right or power of either signatory
state to regulate within its boundaries the appropriation, use and control
of waters within that state not inconsistent with its obligations under
this compact.
If any part or application of this compact should be declared invalid by
a court of competent jurisdiction, all other provisions and applications of
this compact shall remain in full force and effect.
This compact shall become binding and obligatory when it shall have been ratified by the legislatures of each state and consented to by the congress of the United States, and when the congressional act consenting to this compact includes the consent of congress to name and join the United States as a party in any litigation in the United States supreme court, if the United States is an indispensable party, and if the litigation arises out of this compact or its application, and if a signatory state is a party thereto. Notice of ratification by the legislature of each state shall be given by the governor of that state to the governor of the other state and to the president of the United States and the president is hereby requested to give notice to the governor of each state of consent by the congress of the United States.
In Witness Whereof, The authorized representatives have executed three counterparts hereof each of which shall be and constitute an original, one of which shall be deposited in the archives of the department of state of the United States, and one of which shall be forwarded to the governor of each state.
Done at the City of Wichita, state of Kansas, this 31st day of March, A.D. 1965.
Approved:
Robert L. Smith,
Warden L. Noe,
Compact Representatives for the state of Kansas.
Geo. R. Benz,
Frank Raab,
Compact Representatives for the state of Oklahoma.
Twigg Twitchell,
Representative of the United States.
History: L. 1966, ch. 16, § 1 (Special Session); June 10.
PREAMBLE
The state of Kansas and the state of Nebraska, acting through their duly authorized compact representatives, Keith S. Krause for the state of Kansas and Dan S. Jones, Jr., for the state of Nebraska, after negotiations participated in by Elmo W. McClendon, appointed by the president as the representative of the United States of America, and in accordance with the consent to such negotiations granted by an act of congress of the United States of America, approved June 3, 1960, Public Law 489, 86th congress, 2nd session, have agreed that the major purposes of this compact concerning the waters of the Big Blue river and its tributaries are:
A. To promote interstate comity between the states of Nebraska and Kansas;
B. To achieve an equitable apportionment of the waters of the Big Blue river basin between the two states and to promote orderly development thereof; and
C. To encourage continuation of the active pollution-abatement programs in each of the two states and to seek further reduction in both natural and man-made pollution of the waters of the Big Blue river basin.
To accomplish these purposes, the said states have agreed as set forth
in the following articles.
As used in this compact:
1.1 The term "state" shall mean either state signatory hereto, and it shall be construed to include any person, entity, or agency of either state who, by reason of official responsibility or by designation of the governor of the state, is acting as an official representative of the state;
1.2 The term "Kansas-Nebraska Big Blue river compact administration," or the term "administration," means the agency created by this compact for the administration thereof;
1.3 The term "Big Blue river basin" means all of the drainage basin of the Big Blue and Little Blue rivers in Nebraska and Kansas downstream to the confluence of the Big Blue river with the Kansas river near Manhattan, Kansas;
1.4 The term "Big Blue river basin in Nebraska" means all of the drainage basin of the Big Blue river in Nebraska and is exclusive of the drainage basin of the Little Blue river in Nebraska;
1.5 The term "minimum mean daily flow" means the minimum mean flow for any one calendar day;
1.6 The term "pollution" means contamination or other undesirable alteration of any of the physical, chemical, biological, radiological, or thermal properties of the waters of the basin, or the discharge into the waters of the basin of any liquid, gaseous, or solid substances that create or are likely to result in a nuisance, or that render or are likely to render the waters into which they are discharged harmful, detrimental, or injurious to public health, safety, or welfare, or that are harmful, detrimental, or injurious to beneficial uses of the water;
1.7 The term "water project" means any physical structure or any manmade changes which affect the quantity or quality of natural water supplies or natural streamflows and which are designed to bring about greater beneficial use of the water resources of an area;
1.8 The term "natural flow" means that portion of the flow in a natural stream that consists of direct runoff from precipitation on the land surface, ground-water infiltration to the stream, return flows to the natural stream from municipal, agricultural, or other uses, and releases from storage for no designated beneficial use;
1.9 The term "inactive water appropriation" means a water right that is
subject to cancellation or termination for non-use.
2.1 The Big Blue river, a tributary of the Kansas river, drains an area of 9,696 square miles in south central Nebraska and north central Kansas. About 75 percent of the Big Blue river basin is in Nebraska, and the remainder is in Kansas. The Big Blue river and its principal tributary, the Little Blue river, join near Blue Rapids, Kansas. From there, the Big Blue river flows generally southward to join the Kansas river near Manhattan, Kansas, as shown on exhibit A.
2.2 Much of the upper portion of the basin in Nebraska is underlain with
sands and gravels that supply large quantities of water to irrigation
wells. The lower portion of the basin in Nebraska and that portion of the
basin in Kansas lack significant ground-water supplies except within the
major stream valleys.
3.1 Administration Agency. There is hereby established an interstate administrative agency, to be known as the "Kansas-Nebraska Big Blue river compact administration," to administer the compact.
3.2 Administration membership. The administration shall be composed of one ex officio member and one advisory member from each state, plus a federal member to be appointed by the president if he so desires. The ex officio member from each state shall be the official charged with the duty of administering the laws of his state pertaining to water rights. Said official shall designate a representative who may serve in his place at meetings of the administration. All actions taken by the designated representative in the transaction of the business of the administration shall be in the name of the official he represents and shall be binding on that official. The advisory member from each state may serve in any capacity within the administration. He shall reside in the Big Blue river basin portion of the state he represents.
The governor of each state shall appoint the advisory member from that state for a term of four years. This appointment shall be made within 90 days after the effective date of this compact.
3.3 Administration government. The administration shall hold its first meeting within 120 days after the effective date of this compact, and it shall meet at least annually thereafter. The federal member, if one be designated, shall serve as chairman, without vote. If no federal representative is appointed, the administration shall select a chairman, in addition to such officers as may be provided for in the rules and regulations, to serve at the will of the administration. A meeting quorum shall consist of the ex officio members from both states, or their designated representatives. Each state shall have but one vote, cast by the ex officio member or his representative. All actions must be approved by both ex officio members or their representatives. Minutes of each meeting shall be kept, and they shall be available for public inspection.
3.4 Administration powers and duties. The administration shall have the power to adopt rules and regulations consistent with the provisions of this compact, to enforce such rules and regulations, and to otherwise carry out its responsibilities. It may institute action in its own name in courts of competent jurisdiction to compel compliance with the provisions of this compact and with the rules and regulations it adopts.
The administration is hereby authorized to employ the technical and clerical staff necessary to carry out its functions, and to maintain the office and appurtenances necessary to conduct its business. It may employ attorneys, engineers, or other consultants. It may purchase equipment and services necessary to its functions.
The administration shall publish an annual report including a review of its activities and financial status. It may also prepare and publish such other reports and publications as it deems necessary.
In order to provide a sound basis for carrying out the apportionment provisions of this compact, the administration shall cause to be established such stream-gaging stations, ground-water observation wells, and other data-collection facilities as are necessary for administering this compact; and it shall install such other equipment and collect such data therefrom, for a period of not less than five years, as are necessary or desirable for evaluating the effects of pumping of wells on the flows of the Big Blue and Little Blue rivers at the Kansas-Nebraska state line. The well area to be considered is described in Article V, paragraph 5.2.
The administration shall have authority to accept funds from local,
state, and federal sources. It may enter into cooperative agreements and
contribute funds to support such data-collection and analysis programs as
are necessary for administration of the compact.
4.1 Expenses of administration. Each state and federal member of the administration shall receive such compensation and such reimbursement for travel and subsistence as are provided by the government he represents, and he shall be paid by that government.
4.2 Budget. Each year, the administration shall prepare a properly documented budget covering the anticipated expenditures of the administration for the following fiscal period. Each state shall make provision in its budget for funds to pay its share of the expenses of the administration, which shall be divided equally between the states of Kansas and Nebraska. The administration shall establish a fund to which each state shall contribute equally and from which the expenses of the administration shall be paid.
4.3 Records and information. The state of Kansas and the state of Nebraska shall cooperate with the administration and furnish to it such records, information, plans, data, and assistance as may be reasonably available; and they shall keep the administration advised of federal activities in connection with planning, design, construction, operation, and maintenance of water-resource projects in the Big Blue river basin.
Any local, public, or private agency collecting water data or planning,
designing, constructing, operating, or maintaining any water project or
facility in the Big Blue river basin shall keep the administration advised
of its investigations and of any proposed changes and additions to existing
projects and facilities, and it shall submit plans for new projects to the
administration for review of those project aspects affecting surface-water
flowage and quality.
5.1 Principles of apportionment. The physical and other conditions peculiar to the Big Blue river basin constitute the basis for this apportionment, and neither of the signatory states hereby, nor the congress of the United States by its consent hereto, concedes that this apportionment establishes any general principle with respect to any other interstate stream.
The states of Kansas and Nebraska subscribe to the principle of including storage capacity for low-flow regulation in reservoirs constructed by the U.S. bureau of reclamation and the U.S. army corps of engineers, and to the principle of such administration as is required to assure that water released from storage for low-flow regulation shall remain available in the stream to accomplish its intended purpose.
5.2 Nebraska apportionment. The state of Nebraska shall have free and unrestricted use of the waters of the Little Blue and Big Blue river basins in Nebraska, such use to be in accordance with the laws of the state of Nebraska, subject to the limitations set forth below.
(a) Water appropriations of record in the Little Blue and Big Blue river basins in Nebraska on November 1, 1968, that were then inactive, shall be cancelled by due process of laws in effect in that state.
(b) During the period, May 1-September 30, the state of Nebraska shall
regulate diversions from natural flow of streams in the Little Blue and Big
Blue river basins by water appropriators junior to November 1, 1968, in
order to maintain minimum mean daily flows at the state-line gaging
stations (which are now located at Fairbury and Barneston, respectively,
but which may be relocated at such other places as may be designated
state-line gaging stations by the administration) during each month as
follows:
May ................. 45 cfs
June ................. 45 cfs
July ................. 75 cfs
August ................. 80 cfs
September ................. 60 cfs
May ................. 45 cfs
June ................. 45 cfs
July ................. 80 cfs
August ................. 90 cfs
September ................. 65 cfs
When such action is necessary to maintain the above schedule of flows, the state of Nebraska shall:
(1) Limit diversions by natural-flow appropriators in Nebraska in accordance with their water appropriations;
(2) Close, in reverse order of priority, natural-flow appropriations with priority dates subsequent to November 1, 1968, including rights to store water in the conservation-storage zones of reservoirs;
(3) Enjoin all persons not holding valid natural-flow appropriations from taking water during periods when the exercise of junior natural-flow appropriations is being restricted;
(4) Regulate, in the same manner that diversion of natural flows is regulated, withdrawals of water from irrigation wells installed after November 1, 1968, except equivalent wells drilled to replace wells installed before that date, in the alluvium and valley side terrace deposits within one mile from the thread of the river and between the mouth of Walnut creek and the Kansas-Nebraska state line on the Little Blue river and between the mouth of Turkey creek and the Kansas-Nebraska state line on the Big Blue river (as delineated on exhibits A and B of Supplement No. 1 to the report of the engineering committee) provided that, if the regulation of such wells fails to yield any measurable increases in flows at the state-line gaging stations as determined by the investigations to be undertaken under Article III, paragraph 3.4, the regulation of such wells shall be discontinued. Determination of the effect on streamflow of the pumping of such wells shall rest with the administration.
Delivery of water under the terms of this article shall be deemed to be in compliance with its provisions when the amounts passing the state-line gaging stations are substantially equivalent to the scheduled amounts. Minor irregularities in flow shall be disregarded.
(c) The storage capacity provided in reservoirs in the Little Blue river basin in Nebraska shall be limited to a total of 200,000 acre-feet. Similarly, the storage capacity in reservoirs in the Big Blue river basin in Nebraska shall be limited to 500,000 acre-feet. These limitations are exclusive of storage capacity that may be found necessary for regulation and use of waters imported into these basins in Nebraska; exclusive of storage capacity in small reservoir projects where the storage of water for subsequent use is less than 200 acre-feet; exclusive of storage capacity allocated to sedimentation and flood control; and exclusive of storage capacity allocated to, and from which water is released to accomplish, low-flow augmentation for improvement of water quality, for fishery, wildlife, or recreation purposes, or for meeting the flow schedules at the Kansas-Nebraska state line as set out in Article V, paragraph 5.2.
5.3 Kansas apportionment. The state of Kansas shall have free and unrestricted use of all waters of the Big Blue river basin flowing into Kansas from Nebraska in accordance with this compact, and of all waters of the basin originating in Kansas, excepting such waters as may, in the future, flow from Kansas into Nebraska.
5.4 Transbasin diversion. In the event of any importation of water
into the Big Blue river basin by either state, the state making the
importation shall have exclusive use of such imported water, including
identifiable return flows therefrom. Neither state shall authorize the
exportation from the Big Blue river of water originating within that basin
without the approval of the administration.
6.1 The states of Kansas and Nebraska mutually agree to the principle of individual state efforts to control natural and man-made water pollution within each state and to the continuing support of both states in active water pollution control programs.
6.2 The two states agree to cooperate, through their appropriate state agencies, in the investigation, abatement, and control of sources of alleged interstate pollution within the Big Blue river basin whenever such sources are called to their attention by the administration.
6.3 The two states agree to cooperate in maintaining the quality of the waters of the Big Blue river basin at or above such water quality standards as may be adopted, now or hereafter, by the water pollution control agencies of the respective states in compliance with the provisions of the federal water quality act of 1965, and amendments thereto.
6.4 The two states agree to the principle that neither state may require
the other to provide water for the purpose of water quality control as a
substitute for adequate waste treatment.
7.1 Right to store water in upper state. The right of the state of Kansas or of any person, corporation, local agency, or entity in Kansas to construct or participate in the future construction and use of any storage reservoir or diversion works in the Big Blue and Little Blue basins of Nebraska for the purpose of regulating water to be used in Kansas shall never be denied: Provided, That such right is subject to the laws of the state of Nebraska and that any such storage for use by Kansas shall be excluded from the limitations on storage under Article V, paragraph 5.2 (c).
Releases of water from storage provided by Kansas interests in the state of Nebraska shall not be counted toward meeting the minimum flow requirements at the state line under the provisions of paragraph 5.2 (b).
7.2 Disclaimer. Nothing contained in this compact shall be deemed:
(1) To impair, extend, or otherwise affect any right or power of the United States, its agencies, or its instrumentalities involved herein;
(2) To subject to the laws of the states of Kansas and Nebraska any property or rights of the United States that were not subject to the laws of those states prior to the date of this compact;
(3) To interfere with or impair the right or power of either signatory state to regulate within its boundaries the appropriation, use, and control of waters within that state consistent with its obligations under this compact.
7.3 Invalidity in part. Should a court of competent jurisdiction hold any part of this compact to be contrary to the constitution of either signatory state or to the constitution of the United States, all other severable provisions of this compact shall continue in full force and effect.
7.4 Future review. After the expiration of five years following the effective date of this compact, the administration may review any provisions hereof; and it shall meet for such review whenever a member of the administration from either state requests such review. All provisions hereof shall remain in full force and effect until changed and amended within the intent of the compact by unanimous action of the administration, and until such changes in this compact are ratified by the legislatures of the respective states and are consented to by the congress of the United States, in the same manner that this compact is required to be ratified and consented to before it becomes effective.
7.5 Termination. This compact may be terminated at any time by
appropriate action of the legislatures of both signatory states. In the
event of amendment or termination of the compact, the water-resource
developments made in compliance with, and reliant upon, this compact shall
continue unimpaired.
8.1 This compact shall become binding and obligatory when it shall have been ratified by the legislature of each state and consented to by the congress of the United States and when the congressional act consenting to this compact includes the consent of congress to name and join the United States as a party in any litigation in the United States supreme court, if the United States is an indispensable party and if the litigation arises out of this compact or its application, and if a signatory state is a party thereto.
8.2 Notice of ratification by the legislature of each state shall be given by the governor of that state to the governor of the other state and to the president of the United States, and the president is hereby requested to give notice to the governor of each state of the consent by the congress of the United States.
In Witness Whereof the authorized representatives have executed three counterparts hereof, each of which shall be and constitute an original, one of which shall be deposited with the administrator of general services of the United States, and one of which shall be forwarded to the governor of each state.
Done at Lincoln, Nebraska, this 25th day of January 1971.
Keith S. Krause
Commissioner for the state of Kansas
Dan S. Jones, Jr.
Commissioner for the state of Nebraska
Approved:
Elmo W. McClendon
Representative of the United States of America
History: L. 1971, ch. 332, § 1; July 1.