OCR Text |
Show -U5- river at the interstate station on any day below a mean flow of one hundred and twenty cubic feet of water per second of time, except as limited in paragraph 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 2 of this article; not then necessary for beneficial use by those entitled to divert water from said' miver within Nebraska« "I4. The flow of the river at the interstate station shall be used by Nebraska to supply the needs of prsent perfected rights to the use of water from the river within said State before permitting diversions from the river by other claimants9 "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 tho performance of the provisions of said paragraph 2, minor or compensating irragularities 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 2 of this article, sufficient to compensate for such deficiency. "60 Reductions in diversions from the lower section of the river, necessary to the performance of paragraph 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 Vl), 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 St^te from the 1st day of April to the 15th 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, witliin Nebraska, the Peterson Canal and other canals of the Julesburg ¦¦ ¦ irrigation district which now are or may hereafter be used for the carriage o:f 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. |