§ 37-67-101 — Ratification, purpose, and articles of compact

Colorado § 37-67-101

• Jurisdiction: Colorado
• Title 37: Water and
• Art.: Republican River Compact

Text

The general
assembly hereby ratifies the compact between the states of Colorado, Kansas, and
Nebraska, designated as the Republican River Compact, signed in the city of
Lincoln, state of Nebraska, on the 31st day of December, A. D. 1942, by M. C.
Hinderlider, commissioner for the state of Colorado; George S. Knapp,
commissioner for the state of Kansas; Wardner G. Scott, commissioner for the state
of Nebraska, which said compact is as follows:

Republican River Compact

The states of Colorado, Kansas, and Nebraska, parties signatory to this
compact (hereinafter referred to as Colorado, Kansas, and Nebraska, respectively,
or individually as a state, or collectively as the states), having resolved to conclude
a compact with respect to the waters of the Republican River Basin, and being duly
authorized therefor by the Act of the Congress of the United States of America,
approved August 4, 1942, (Public No. 696, 77th Congress, chapter 545, 2nd
Session) and pursuant to acts of their respective legislatures have, through their
respective governors, appointed as their commissioners:

M. C. Hinderlider, for Colorado

George S. Knapp, for Kansas

Wardner G. Scott, for Nebraska

who, after negotiations participated in by Glenn L. Parker, appointed by the
President as the representative of the United States of America, have agreed upon
the following articles:

Article I

The major purposes of this compact are to provide for the most efficient use
of the waters of the Republican River Basin (hereinafter referred to as the Basin)
for multiple purposes; to provide for an equitable division of such waters; to remove
all causes, present and future, which might lead to controversies; to promote
interstate comity; to recognize that the most efficient utilization of the waters
within the Basin is for beneficial consumptive use; and to promote joint action by
the states and the United States in the efficient use of water and the control of
destructive floods.

The physical and other conditions peculiar to the Basin constitute the basis
for this compact, and none of the states hereby, nor the Congress of the United
States by its consent, concedes that this compact establishes any general principle
or precedent with respect to any other interstate stream.

Article II

The Basin is all the area in Colorado, Kansas, and Nebraska, which is
naturally drained by the Republican River, and its tributaries, to its junction with the
Smoky Hill River in Kansas. The main stem of the Republican River extends from the
junction near Haigler, Nebraska, of its North Fork and the Arikaree River, to its
junction with Smoky Hill River near Junction City, Kansas. Frenchman Creek (River)
in Nebraska is a continuation of Frenchman Creek (River) in Colorado. Red Willow
Creek in Colorado is not identical with the stream having the same name in
Nebraska. A map of the Basin approved by the commissioners is attached and made
a part hereof.

The term Acre-foot, as herein used, is the quantity of water required to
cover an acre to the depth of one foot and is equivalent to forty-three thousand, five
hundred sixty (43,560) cubic feet.

The term Virgin Water Supply, as herein used, is defined to be the water
supply within the Basin undepleted by the activities of man.

The term Beneficial Consumptive Use is herein defined to be that use by
which the water supply of the Basin is consumed through the activities of man, and
shall include water consumed by evaporation from any reservoir, canal, ditch, or
irrigated area.

Beneficial consumptive use is the basis and principle upon which the
allocations of water hereinafter made are predicated.

Article III

The specific allocations in acre-feet hereinafter made to each state are
derived from the computed average annual virgin water supply originating in the
following designated drainage basins, or parts thereof, in the amounts shown:

North Fork of the Republican River drainage basin in Colorado, 44,700 acre-feet;

Arikaree River drainage basin, 19,610 acre-feet;

Buffalo Creek drainage basin, 7,890 acre-feet;

Rock Creek drainage basin, 11,000 acre-feet;

South Fork of the Republican River drainage basin, 57,200 acre-feet;

Frenchman Creek (River) drainage basin in Nebraska, 98,500 acre-feet;

Blackwood Creek drainage basin, 6,800 acre-feet;

Driftwood Creek drainage basin, 7,300 acre-feet;

Red Willow Creek drainage basin in Nebraska, 21,900 acre-feet;

Medicine Creek drainage basin, 50,800 acre-feet;

Beaver Creek drainage basin, 16,500 acre-feet;

Sappa Creek drainage basin, 21,400 acre-feet;

Prairie Dog Creek drainage basin, 27,600 acre-feet;

The North Fork of the Republican River in Nebraska and the main stem of the
Republican River between the junction of the North Fork and Arikaree River and the
lowest crossing of the river at the Nebraska-Kansas state line and the small
tributaries thereof, 87,700 acre-feet.

Should the future computed virgin water supply of any source vary more than
ten (10) per cent from the virgin water supply as hereinabove set forth, the
allocations hereinafter made from such source shall be increased or decreased in
the relative proportions that the future computed virgin water supply of such
source bears to the computed virgin water supply used herein.

Article IV

There is hereby allocated for beneficial consumptive use in Colorado,
annually, a total of fifty-four thousand, one hundred (54,100) acre-feet of water.
This total is to be derived from the sources and in the amounts hereinafter specified
and is subject to such quantities being physically available from those sources:

North Fork of the Republican River drainage basin, 10,000 acre-feet;

Arikaree River drainage basin, 15,400 acre-feet;

South Fork of the Republican River drainage basin, 25,400 acre-feet;

Beaver Creek drainage basin, 3,300 acre-feet; and

In addition, for beneficial consumptive use in Colorado annually, the entire
water supply of the Frenchman Creek (River) drainage basin in Colorado and the
Red Willow Creek drainage basin in Colorado.

There is hereby allocated for beneficial consumptive use in Kansas, annually,
a total of one hundred ninety thousand, three hundred (190,300) acre-feet of water.
This total is to be derived from the sources and in the amounts hereinafter specified
and is subject to such quantities being physically available from those sources:

Arikaree River drainage basin, 1,000 acre-feet;

South Fork of the Republican River drainage basin, 23,000 acre-feet;

Driftwood Creek drainage basin, 500 acre-feet;

Beaver Creek drainage basin, 6,400 acre-feet;

Sappa Creek drainage basin, 8,800 acre-feet;

Prairie Dog Creek drainage basin, 12,600 acre-feet;

From the main stem of the Republican River upstream from the lowest
crossing of the river at the Nebraska-Kansas state line and from water supplies of
upstream basins otherwise unallocated herein, 138,000 acre-feet; provided, that
Kansas shall have the right to divert all or any portion thereof at or near Guide
Rock, Nebraska; and

In addition there is hereby allocated for beneficial consumptive use in
Kansas, annually, the entire water supply originating in the Basin downstream from
the lowest crossing of the river at the Nebraska-Kansas state line.

There is hereby allocated for beneficial consumptive use in Nebraska,
annually, a total of two hundred thirty-four thousand, five hundred (234,500) acre-feet of water. This total is to be derived from the sources and in the amounts
hereinafter specified and is subject to such quantities being physically available
from those sources:

North Fork of the Republican River drainage basin in Colorado, 11,000 acre-feet;

Frenchman Creek (River) drainage basin in Nebraska, 52,800 acre-feet;

Rock Creek drainage basin, 4,400 acre-feet;

Arikaree River drainage basin, 3,300 acre-feet;

Buffalo Creek drainage basin, 2,600 acre-feet;

South Fork of the Republican River drainage basin, 800 acre-feet;

Driftwood Creek drainage basin, 1,200 acre-feet;

Red Willow Creek drainage basin in Nebraska, 4,200 acre-feet;

Medicine Creek drainage basin, 4,600 acre-feet;

Beaver Creek drainage basin, 6,700 acre-feet;

Sappa Creek drainage basin, 8,800 acre-feet;

Prairie Dog Creek drainage basin, 2,100 acre-feet;

From the North Fork of the Republican River in Nebraska, the main stem of
the Republican River between the junction of the North Fork and Arikaree River and
the lowest crossing of the river at the Nebraska-Kansas state line, from the small
tributaries thereof, and from water supplies of upstream basins otherwise
unallocated herein, 132,000 acre-feet.

The use of the waters hereinabove allocated shall be subject to the laws of
the state, for use in which the allocations are made.

Article V

The judgment and all provisions thereof in the case of Adelbert A. Weiland,
as state engineer of Colorado, et al. v. The Pioneer Irrigation Company, decided June
5, 1922, and reported in 259 U. S. 498, affecting the Pioneer irrigation ditch or
canal, are hereby recognized as binding upon the states; and Colorado, through its
duly authorized officials, shall have the perpetual and exclusive right to control and
regulate diversions of water at all times by said canal in conformity with said
judgment.

The water heretofore adjudicated to said Pioneer Canal by the district court
of Colorado, in the amount of fifty (50) cubic feet per second of time is included in
and is a part of the total amounts of water hereinbefore allocated for beneficial
consumptive use in Colorado and Nebraska.

Article VI

The right of any person, entity, or lower state to construct, or participate in
the future construction and use of any storage reservoir or diversion works in an
upper state for the purpose of regulating water herein allocated for beneficial
consumptive use in such lower state, shall never be denied by an upper state;
provided, that such right is subject to the rights of the upper state.

Article VII

Any person, entity, or lower state shall have the right to acquire necessary
property rights in an upper state by purchase, or through the exercise of the power
of eminent domain, for the construction, operation and maintenance of storage
reservoirs, and of appurtenant works, canals and conduits, required for the
enjoyment of the privileges granted by Article VI; provided, however, that the
grantees of such rights shall pay to the political subdivisions of the state in which
such works are located, each and every year during which such rights are enjoyed
for such purposes, a sum of money equivalent to the average annual amount of
taxes assessed against the lands and improvements during the ten years preceding
the use of such lands, in reimbursement for the loss of taxes to said political
subdivisions of the state.

Article VIII

Should any facility be constructed in an upper state under the provisions of
Article VI, such construction and the operation of such facility shall be subject to
the laws of such upper state.

Any repairs to or replacements of such facility shall also be made in
accordance with the laws of such upper state.

Article IX

It shall be the duty of the three states to administer this compact through the
official in each state who is now or may hereafter be charged with the duty of
administering the public water supplies, and to collect and correlate through such
officials the data necessary for the proper administration of the provisions of this
compact. Such officials may, by unanimous action, adopt rules and regulations
consistent with the provisions of this compact.

The United States geological survey, or whatever federal agency may
succeed to the functions and duties of that agency, in so far as this compact is
concerned, shall collaborate with the officials of the states charged with the
administration of this compact in the execution of the duty of such officials in the
collection, correlation, and publication of water facts necessary for the proper
administration of this compact.

Article X

Nothing in this compact shall be deemed:

(a) To impair or affect any rights, powers or jurisdiction of the United States,
or those acting by or under its authority, in, over, and to the waters of the Basin; nor
to impair or affect the capacity of the United States, or those acting by or under its
authority, to acquire rights in and to the use of waters of the Basin;

(b) To subject any property of the United States, its agencies or
instrumentalities, to taxation by any state, or subdivision thereof, nor to create an
obligation on the part of the United States, its agencies or instrumentalities, by
reason of the acquisition, construction, or operation of any property or works of
whatsoever kind, to make any payments to any state or political subdivision thereof,
state agency, municipality, or entity whatsoever in reimbursement for the loss of
taxes;

(c) To subject any property of the United States, its agencies or
instrumentalities, to the laws of any state to any extent other than the extent these
laws would apply without regard to this compact.

Article XI

This compact shall become operative when ratified by the legislature of each
of the states, and when consented to by the Congress of the United States by
legislation providing, among other things, that:

(a) Any beneficial consumptive uses by the United States, or those acting by
or under its authority, within a state, of the waters allocated by this compact, shall
be made within the allocations hereinabove made for use in that state and shall be
taken into account in determining the extent of use within that state.

(b) The United States, or those acting by or under its authority, in the
exercise of rights or powers arising from whatever jurisdiction the United States
has in, over and to the waters of the Basin shall recognize, to the extent consistent
with the best utilization of the waters for multiple purposes, that beneficial
consumptive use of the waters within the Basin is of paramount importance to the
development of the Basin; and no exercise of such power or right thereby that
would interfere with the full beneficial consumptive use of the waters within the
Basin shall be made except upon a determination, giving due consideration to the
objectives of this compact and after consultation with all interested federal
agencies and the state officials charged with the administration of this compact,
that such exercise is in the interest of the best utilization of such waters for
multiple purposes.

(c) The United States, or those acting by or under its authority, will recognize
any established use, for domestic and irrigation purposes, of the waters allocated
by this compact which may be impaired by the exercise of federal jurisdiction in,
over, and to such waters; provided, that such use is being exercised beneficially, is
valid under the laws of the appropriate state and in conformity with this compact at
the time of the impairment thereof, and was validly initiated under state law prior to
the initiation or authorization of the federal program or project which causes such
impairment.

IN WITNESS WHEREOF, the commissioners have signed this compact in
quadruplicate original, one of which shall be deposited in the archives of the
department of state of the United States of America and shall be deemed the
authoritative original, and of which a duly certified copy shall be forwarded to the
governor of each of the states.

Done in the city of Lincoln, in the state of Nebraska, on the 31st day of
December, in the year of our Lord, one thousand nine hundred forty-two.

M. C. Hinderlider

Commissioner for Colorado

George S. Knapp

Commissioner for Kansas

Wardner G. Scott

Commissioner for Nebraska

I have participated in the negotiations leading to this proposed compact and
propose to report to the Congress of the United States favorably thereon.

Glenn L. Parker

Representative of the United States

Legislative History

Source: L. 43: p. 362, � 1. CSA: C. 90, � 74(3). CRS 53: � 148-6-1. C.R.S. 1963: � 149-6-1.