Page:United States Statutes at Large Volume 63 Part 1.djvu/187

This page needs to be proofread.

63 STAT.] 81ST CONG., 1ST SESS.-CH. 155 -MAY 31, 1949 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 Stateline and Garden City shall not hereafter be increased beyond the total present rights of said ditches, without the Adminis- tration, 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 trans- fer 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. "ARTICrL VI "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 Stateline 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 Stateline for irrigation uses in Kansas only, Colorado concedes to Kansas and Kansas hereby assumes exclu- sive 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 Stateline in the Frontier Canal or any other simi- larly situated canal shall be considered to be part of the Stateline flow. "ARTICLE VII "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 Com- pact 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. "ABTICLE VIII "A. To administer the provisions of this Compact there is hereby cOAkansas River created an interstate agency to be known as the Arkansas River tion. Compact Administration herein designated as 'the Administration'. "B. The Administration shall have power to: "(1) Adopt, amend and revoke by-laws, 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 149