| OCR Text |
Show with the U S* Bureau of Reclamation for the delivery of as much as 100*000 acre-feet of storage water per year out of the Government-owner Pathfinder Reservoir located on the North Platte River in Wyoming. This contract con- tains a clause whereby .the Bureau of Reclamation may substitute return flow water from the North Platte Government Project lands in lieu of storage water fromthe Pathfinder Reservoir* The suit was brought against water officials the State Engineer* and the Chief of the Bureau of Irrigation, Water Power and Drainage * of Nebraska, on the question of the ownership of return flow from the Government Project lands which reaches and is diverted by the Tri-state Canal for the North Port unit of the North Platte Government Project* State officials of Nebraska have alvays taken the position that return flow waters resulting from irrigation belonged to the public streams of the State into which they would naturally flow* and are subject to distribution to appropriators along the stream in their relative orders-of priority. The suit in question is based upon conditions as of May 8 to May 20* 1936 # dur- ing which period there was insufficient natural river flow to supply appro- priators in Nebraslca with priorities senior to December 6# ISK^J-* the date • of the priority of the Government canals* This condition caused the Neb«- raska rcater officials t-o deny mtor from the natural flow of the river to the North Port unit of the Government project, ' The quantity of return flow available to the Tri-state Canal during the irrigation season amounts to about 75^000 acre~feet« Should the Bureau of Reclamation get a favorable decision in the pending suit,, the Bureau would then be in a position to claim control of all the return flow from the North Platte Government Project lands, vdrich amounts to approximately 500^000 acre-feet per year, of which 250,000 acre-feet returns to the North Platte River during the irrigation season* In its bill of complaint, the United States contends for all return flov; from the North Plat be Government Project» Should the United Stat^s> through the Bureau of Reclamation* secure control and ownership of the return flow to the North Platte River $ result- ing from the irrigation of the lands under the Government Project, it is probable that the decision would be cited in the future as establishing a legal basis applicable to return v*aters from other Government projects. For ... this reason, the decision is awaited with much interest and concern* The return flows from the lands under the North Platte Government Pro- ject, plus Return flows from privately owned canals between the Whalen Di- version Dam in'eastern Wyoming, owned by the Government, and Bridgeport, are equal to about 850,000 acre-feet per year* That portion of this re- . turn flov/ which reaches the river during the irrigation period relieves the upper river from the necessity of supplying a large quantity of water for canals said storage units of the North Platte Government Project, approxi- mating 200*000 acre-'feet per year. It is alleged,therefore, that the North P2_atte Government Project is a direct beneficiary of the return flows to the NForth Platte River, not only from the North Platte Government Pro- ject lan.dsi but also from privately owned canals. If control of the return |
