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Show Colorado in making such rotations, which had the effect of depriving that ditch of all water during such periods of rotation, alleging that such ac- tion on the part of the water officials was unconstitutional, since it had the effect of taking away property rights without due process of law« This suit (discussed at greater length under the subject of "Interstate River Litigation11) resulted in the noted case of Hinderlider vs. La Plata River and Cherry Creek Ditch Company, just decided April 25* 193^, by the Supreme Court of the United States. South Platte River Compact* - This Compact between Colorado and Nebras- ka was signed by the commissioners representing the two States on April 27* 1923* Thereafter it was ratified by Nebraska on May 23, I923, and by Colo- rado on February 26, 1925* and was approved by the Congress of the United States on March 89 1926, and promulgated hy the President on Harch 9* 1926* This Compact provides that* between the first day of April and the fif- teenth day of October of each year, Colorado shall have the use of the en- tire flow of the South Platte River, with the provision for full recognition of the right of the Western Ditch, which heads on the South Platte River JLj. miles east of the Colorado-Nebraska line, to divert as much as 120 cubic feet of water per second under its date of priority of June II4, 1897» The Compact also provides that at all times between the 15th day of October and the 1st day of the succeeding April, Colorado shall have the full and uninterrupted use of the water of the river flowing within the borders of the State, provided, however, that Nebraska and its agents shall have the right to construct a canal, heading on the river near Obid, Colo- rado* with the recognized date of priority as of December 17* 1921, to di- vert as much as ^00 cubic feet per second during the period of October 15"fch to April 1st, for the irrigation of lands in Nebraska. This provision is subject, however* to a prior reservation of 35*000 acre-feet of water per year for future uses in Water District No* 6J4, which embraces the lower section of the river in Colorado* Tha Compact also covers several minor features, such as. the use of tine waters of Lodgepole Creek (a small tributary of the South Platte River which rises in southern'Nebraska and flows into Colorado), together with matters of administration, which are placed in the hands of the State Engineers of the two States* , This Compact does not change the former administration of* the waters of the South Platte River in Colorado, but does remove the shadow of future claims by the State of Nebraska against existing uses of water from the South Platte River in Colorado, and possible litigation in this connection* This Compact has been administered since the Spring of 1926, under rules promulgated by the State Engineers of the two States, without the least friction, and may be considered to be one of the outstanding examples of this character on record. It may be of interest, in passing, to note that, in an interstate suit between Nebraska and Wyoming 17over the waters of the North Platte River (in which suit Colorado is made an impleaded defendant), the Attorney Gen- -115- |