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South Platte River compact.
                                                                      

     37-65-101.  South Platte River compact. The General Assembly hereby 

 approves the compact, designated as the "South Platte River Compact", between 

 the states of Colorado and Nebraska, signed at the City of Lincoln, State of 

 Nebraska, on the 27th day of April, A.D.  1923, by Delph E. Carpenter as the 

 Commissioner for the State of Colorado, under authority of Chapter 243, Session 

 Laws of Colorado, 1921, and Chapter 190, Session Laws of Colorado, 1923, and by 

 Robert H.  Willis as the Commissioner for the State of Nebraska, thereunto duly 

 authorized, which said compact is as follows: 

                       South Platte River Compact Between 

                                  The States Of 

                              Colorado And Nebraska 

      The State of Colorado and the State of Nebraska, desiring to remove all 

 causes of present and future controversy between said States, and between 

 citizens of one against citizens of the other, with respect to the waters of 

 the South Platte River, and being moved by considerations of interstate comity, 

 have resolved to conclude a compact for these purposes and, through their 

 respective Governors, have named as their commissioners: 

      Delph E. Carpenter, for the State of Colorado; and Robert H. Willis, for 

 the State of Nebraska; who have agreed upon the following articles: 

                                    Article I 

      In this compact: 

      1.  The State of Colorado and the State of Nebraska are designated, 

 respectively, as "Colorado" and "Nebraska". 

      2.  The provisions hereof respecting each signatory State, shall include 

 and bind its citizens and corporations and all others engaged or interested in 

 the diversion and use of the waters of the South Platte River in that State. 

      3.  The term "Upper Section" means that part of the South Platte River in 

 the State of Colorado above and westerly from the west boundary of Washington 

 County, Colorado. 

      4.  The term "Lower Section" means that part of the South Platte River in 

 the State of Colorado between the west boundary of Washington County and the 

 intersection of said river with the boundary line common to the signatory 

 States. 

      5.  The term "Interstate Station" means that streams gauging station 

 described in Article II. 

      6.  The term "flow of the river" at the Interstate Station means the 

 measured flow of the river at said station plus all increment to said flow 

 entering the river between the Interstate Station and the diversion works of 

 the Western Irrigation District in Nebraska. 

                                   Article II 

      1.  Colorado and Nebraska, at their joint expense, shall maintain a stream 

 gauging station upon the South Platte River at the river bridge near the town 

 of Julesburg, Colorado, or at a convenient point between said bridge and the 

 diversion works of the canal of the Western Irrigation District in Nebraska, 

 for the purpose of ascertaining and recording the amount of water flowing in 

 said river from Colorado into Nebraska and to said diversion works at all times 

 between the first day of April and the fifteenth day of October of each year. 

 The location of said station may be changed from year to year as the river 

 channels and water flow conditions of the river may require. 

      2.  The State Engineer of Colorado and the Secretary of the Department of 

 Public Works of Nebraska shall make provision for the co-operative gauging at 

 and the details of operation of said station and for the exchange and 

 publication of records and data.  Said state officials shall ascertain the rate 

 of flow of the South Platte River through the Lower Section in Colorado and the 

 time required for increases or decreases of flow, at points within said Lower 

 Section, to reach the Interstate Station.  In carrying out the provisions of 

 Article IV of this compact, Colorado shall always be allowed sufficient time 

 for any increase in flow (less permissible diversions) to pass down the river 

 and be recorded at the Interstate Station. 

                                   Article III 

      The waters of Lodgepole Creek, a tributary of the South Platte River 

 flowing through Nebraska and entering said river within Colorado, hereafter 

 shall be divided and apportioned between the signatory States as follows: 

      1.  The point of division of the waters of Lodgepole Creek shall be 

 located on said creek two miles north of the boundary line common to the 

 signatory states. 

      2.  Nebraska shall have the full and unmolested use and benefit of all 

 waters flowing in Lodgepole Creek above the point of diversion and Colorado 

 waives all present and future claims to the use of said waters.  Colorado shall 

 have the exclusive use and benefit of all waters flowing at or below the point 

 of division. 

      3.  Nebraska may use the channel of Lodgepole Creek below the point of 

 division and the channel of the South Platte River between the mouth of 

 Lodgepole Creek and the Interstate Station, for the carriage of any waters of 

 Lodgepole Creek which may be stored in Nebraska above the point of division and 

 which Nebraska may desire to deliver to ditches from the South Platte River in 

 Nebraska, and any such waters so carried shall be free from interference by 

 diversions in Colorado and shall not be included as a part of the flow of the 

 South Platte River to be delivered by Colorado at the Interstate Station in 

 compliance with Article IV of this compact, provided, however, that such runs 

 of stored water shall be made in amounts of not less than ten cubic feet per 

 second of time and for periods of not less than twenty-four hours. 

                                   Article IV 

      The waters of the South Platte River hereafter shall be divided and 

 apportioned between the signatory States as follows: 

      1.  At all times between the fifteenth day of October of any year and the 

 first day of April of the next succeeding year, Colorado shall have the full 

 and uninterrupted use and benefit of the waters of the river flowing within the 

 boundaries of the State, except as otherwise provided by Article VI. 

      2.  Between the first day of April and the fifteenth day of October of 

 each year, Colorado shall not permit diversions from the Lower Section of the 

 river, to supply Colorado appropriations having adjudicated dates of priority 

 subsequent to the fourteenth day of June, 1897, to an extent that will diminish 

 the flow of the river at the Interstate Station, on any day, below a mean flow 

 of 120 cubic feet of water per second of time, except as limited in paragraph 

 three (3) of this Article. 

      3.  Nebraska shall not be entitled to receive and Colorado shall not be 

 required to deliver, on any day, any part of the flow of the river to pass the 

 Interstate Station, as provided by paragraph two (2) of this Article, not then 

 necessary for beneficial use by those entitled to divert water from said river 

 within Nebraska. 

      4.  The flow of the river at the Interstate Station shall be used by 

 Nebraska to supply the needs of present perfected rights to the use of water 

 from the river within said State before permitting diversions from the river by 

 other claimants. 

      5.  It is recognized that variable climatic conditions, the regulation and 

 administration of the stream in Colorado, and other causes, will produce 

 diurnal and other unavoidable variations and fluctuations in the flow of the 

 river at the Interstate Station, and it is agreed that, in the performance of 

 the provisions of said paragraph two (2), minor or compensating irregularities 

 and fluctuations in the flow at the Interstate Station shall be permitted; but 

 where any deficiency of the mean daily flow at the Interstate Station may have 

 been occasioned by neglect, error or failure in the performance of duty by the 

 Colorado water officials having charge of the administration of diversions from 

 the Lower Section of the river in that state, each such deficiency shall be 

 made up, within the next succeeding period of seventy-two hours, by delivery of 

 additional flow at the Interstate Station, over and above the amount specified 

 in paragraph two (2) of this Article, sufficient to compensate for such 

 deficiency. 

      6.  Reductions in diversions from the Lower Section of the river, 

 necessary to the performance of paragraph two (2) of this Article by Colorado, 

 shall not impair the rights of appropriators in Colorado (not to include the 

 proposed Nebraska canal described in Article VI), whose supply has been so 

 reduced, to demand and receive equivalent amounts of water from other parts of 

 the stream in that State according to its Constitution, laws, and the decisions 

 of its courts. 

      7.  Subject to compliance with the provisions of this Article, Colorado 

 shall have and enjoy the otherwise full and uninterrupted use and benefit of 

 the waters of the river which hereafter may flow within the boundaries of that 

 State from the first day of April to the fifteenth day of October in each year, 

 but Nebraska shall be permitted to divert, under and subject to the provisions 

 and conditions of Article VI, any surplus waters which otherwise would flow 

 past the Interstate Station. 

                                    Article V 

      1.  Colorado shall have the right to maintain, operate, and extend, within 

 Nebraska, the Peterson Canal and other canals of the Julesburg Irrigation 

 District which now are or may hereafter be used for the carriage of water from 

 the South Platte River for the irrigation of lands in both states, and Colorado 

 shall continue to exercise control and jurisdiction of said canals and the 

 carriage and delivery of water thereby.  This Article shall not excuse Nebraska 

 water users from making reports to Nebraska officials in compliance with the 

 Nebraska laws. 

      2.  Colorado waives any objection to the delivery of water for irrigation 

 of lands in Nebraska by the canals mentioned in paragraph one (1) of this 

 Article, and agrees that all interests in said canals and the use of waters 

 carried thereby, now or hereafter acquired by owners of lands in Nebraska, 

 shall be afforded the same recognition and protection as are the interests of 

 similar land owners served by said canals within Colorado; provided, however, 

 that Colorado reserves to those in control of said canals the right to enforce 

 the collection of charges or assessments, hereafter levied or made against such 

 interest of owners of the lands in Nebraska, by withholding the delivery of 

 water until the payment of such charges or assessments; provided, however, such 

 charges or assessments shall be the same as those levied against similar 

 interests of owners of lands in Colorado. 

      3.  Nebraska grants to Colorado 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, operation, and 

 protection of those parts of the above mentioned canals which now or hereafter 

 may extend into Nebraska. 

                                   Article VI 

      It is the desire of Nebraska to permit its citizens to cause a canal to be 

 constructed and operated for the diversion of water from the South Platte River 

 within Colorado for irrigation of lands in Nebraska; that said canal may 

 commence on the south bank of said river at a point southwesterly from the town 

 of Ovid, Colorado, and may run thence easterly through Colorado along or near 

 the line of survey of the formerly proposed "Perkins County Canal" (sometimes 

 known as the "South Divide Canal") and into Nebraska, and that said project 

 shall be permitted to divert waters of the river as hereinafter provided.  With 

 respect to such proposed canal it is agreed: 

      1.  Colorado consents that Nebraska and its citizens may hereafter 

 construct, maintain, and operate such a canal and thereby may divert water from 

 the South Platte River within Colorado for use in Nebraska, in the manner and 

 at the time in this Article provided, and grants to Nebraska 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; subject, however, to 

 the reservations and 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, and which shall be 

 expressed in all permits issued by Nebraska with respect to said canal. 

      2.  The net future flow of the Lower Section of the South Platte River, 

 which may remain after supplying all present and future appropriations from the 

 Upper Section, and after supplying all appropriations from the Lower Section 

 perfected prior to the seventeenth day of December, 1921, and after supplying 

 the additional future appropriations in the Lower Section for the benefit of 

 which a prior and preferred use of thirty-five thousand acre-feet of water is 

 reserved by subparagraph (a) of this Article, may be diverted by said canal 

 between the fifteenth day of October of any year and the first day of April of 

 the next succeeding year subject to the following reservations, limitations and 

 conditions: 

      (a)  In addition to the water now diverted from the Lower Section of the 

 river by present perfected appropriations, Colorado hereby reserves the prior, 

 preferred and superior right to store, use and to have in storage in readiness 

 for use on and after the first day of April in each year, an aggregate of 

 thirty-five thousand acre-feet of water to be diverted from the flow of the 

 river in the Lower Section between the fifteenth day of October of each year 

 and the first day of April of the next succeeding year, without regard to the 

 manner or time of making such future uses, and diversions of water by said 

 Nebraska canal shall in no manner impair or interfere with the exercise by 

 Colorado of the right of future use of the water hereby reserved. 

      (b)  Subject at all times to the reservation made by subparagraph (a) and 

 to the other provisions of this Article, said proposed canal shall be entitled 

 to divert five hundred cubic feet of water per second of time from the flow of 

 the river in the Lower Sections, as of priority of appropriation of date 

 December 17, 1921, only between the fifteenth day of October of any year and 

 the first day of April of the next succeeding year upon the express condition 

 that the right to so divert water is and shall be limited exclusively to said 

 annual period and shall not constitute the basis for any claim to water 

 necessary to supply all present and future appropriations in the Upper Section 

 or present appropriations in the Lower Section and those hereafter to be made 

 therein as provided in subparagraph (a). 

      3.  Neither this compact nor the construction and operation of such a 

 canal nor the diversion, carriage and application of water thereby shall vest 

 in Nebraska, or in those in charge or 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 South Platte River in Colorado from the 

 first day of April to the fifteenth day of October of any year or against any 

 present or future appropriator or use of water from said river in Colorado 

 during said period of every year, and Nebraska specifically waives any such 

 claims and agrees that the same shall never be made or asserted.  Any surplus 

 waters of the river, which otherwise would flow past the Interstate Station 

 during such period of any year after supplying all present and future 

 diversions by Colorado, may be diverted by such a canal, subject to the other 

 provisions and conditions of this Article. 

      4.  Diversion of water by said canal shall not diminish the flow necessary 

 to pass the Interstate Station to satisfy superior claims of users of water 

 from the river in Nebraska. 

      5.  No appropriations of water from the South Platte River by any other 

 canal within Colorado shall be transferred to said canal or be claimed or 

 asserted for diversion and carriage for use on lands in Nebraska. 

      6.  Nebraska shall have the right to regulate diversions of water by said 

 canal for the purposes of protecting other diversions from the South Platte 

 River within Nebraska and of avoiding violations of the provisions of Article 

 IV; but Colorado reserves the right at all times to regulate and control the 

 diversions by said canal to the extent necessary for the protection of all 

 appropriations and diversions within Colorado or necessary to maintain the flow 

 at the Interstate Stations as provided by Article IV of this compact. 

                                   Article VII 

      Nebraska agrees that compliance by Colorado with the provisions of this 

 compact and the delivery of water in accordance with its terms shall relieve 

 Colorado from any further or additional demand or claim by Nebraska upon the 

 waters of the South Platte River within Colorado. 

                                  Article VIII 

      Whenever any official of either State is designated herein to perform any 

 duty under this compact, such designation shall be interpreted to include the 

 state official or officials upon whom the duties now performed by such official 

 may hereafter devolve, and it shall be the duty of the officials of the State 

 of Colorado charged with the duty of the distribution of the waters of the 

 South Platte River for irrigation purposes, to make deliveries of water at the 

 Interstate Station in compliance with this compact without necessity of 

 enactment of special statutes for such purposes by the General Assembly of the 

 State of Colorado. 

                                   Article IX 

      The physical and other conditions peculiar to the South Platte River and 

 to 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 X 

      This compact may be modified or terminated at any time by mutual consent 

 of the signatory States, but, if so terminated and Nebraska or its citizens 

 shall seek to enforce any claims of vested rights in the waters of the South 

 Platte River, the statutes of limitation shall not run in favor of Colorado or 

 its citizens with reference to claims of the Western Irrigation District to the 

 water of the South Platte River from the sixteenth day of April, 1916, and as 

 to all other present claims from the date of the approval of this compact to 

 the date of such termination, and the State of Colorado and its citizens who 

 may be made defendants in any action brought for such purpose shall not be 

 permitted to plead the statutes of limitation for such period of time. 

                                   Article XI 

      This compact shall become 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 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 Lincoln, in the State of Nebraska, this 27th day of April, in the 

 year of our Lord One Thousand Nine Hundred and Twenty-three. 

                                                             Delph E. Carpenter, 

                                                               Robert H. Willis. 

 
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