ARKANSAS RIVER COMPACT ADMINISTRATION
307 South Fifth StreetLAMAR, COLORADO 81052
COLORADO FRANK G. COOLEY KANSAS
DAVID W. WALKER, Denver Chairman and Federal Representative DAVID L. POPE, Topeka CARL GENOVA, Pueblo P.O. Box 98 RANDY RAYZLETT, Lakin JAMES G. ROGERS, Lamar Meeker, Colorado LOLA FOX, Syracuse
NOTICE OF
ANNUAL
MEETING
Arkansas River Compact Administration
8:30 a.m.
(MST),
Tuesday, December 10, 1991
Cow Palace Inn
Lamar, Colorado
The annual meeting of the Administration will be held at the time and place noted
above. The meeting will be recessed for the lunch hour at about noon and
reconvened for the completion of business in the afternoon if necessary.
The tentative agenda for the meeting, which is subject to change, is as follows:
1.
Call to order and introductions
2.
Approval of agenda
3.
Approval of transcript for the December, 1990, annual meeting
4.
Reports of officers for compact year 1991
a.
Chairman
b.
Recording Secretary
c.
Treasurer
d.
Operations Secretary
5.
Committee reports for compact year 1991
a:
Administrative and legal
b.
Engineering
c.
Operations
6.
Purgatorie River Water Conservancy District
a.
proposed amendments to the Trinidad Reservoir Project
operating principles
7.
City of Trinidad: proposed amendments to the Trinidad Reservoir
Project operating principles
8.
Status report: Kansas v. Colorado litigation
9.
Election of officers for compact year 1992
a.
Vice-chairman
b.
Recording Secretary
c.
Treasurer
d.
Operations Secretary
10.
Appointment of committee members for compact year
1992a.
Administrative and legal
b.
Engineering
c.
Operations
11.
Reports of federal agencies
a.
Bureau of Reclamation
b.
Corps of Engineers
c.
Geological Survey
12.
USGS Reports and Studies Conducted in the Arkansas River Basin
1990-1991
13.
Approval of 1988 Annual Report
14.
Auditor's report for FY 1990-91
15.
Budget matters:
a.
Review of current fiscal year budget
b.
USGS Cooperative Agreement
c.
Review of previously adopted FY 1992-93 budget and
assessments
d.
Adoption of FY 1993-94 budget and assessments
16.
Adjournment
FAIRFIELD AND WOODS
GEORGE C. EELY MARY E.BRICKNER CHARLES E.MATHESON PETER F. BREITENSTEIN CHARLTON H.CARPENTER PATRICK F. KENNEY HOWARD HOLME JAMES L.STONE MICHAEL M.McKINSTRY JAC K.SPERLING KEVIN B. PRATT DANIEL R. FROST Of COUNSEL ROYAL C. RUBRIOHT ROBERT L.Loca,Jn. CHARLES J. BESSE (1900-1983)ATTORNEYS AND COUNSELORS AT LAW
1600 COLORADO NATIONAL BUILDING
950 SEVENTEENTH STREET DENVER, COLORADO 80202 TELEPHONE (303) 534-6135 TELECOPIER (303) 692-9095 May 3, 1985 Mr. J. William McDonald
Director, Colorado Water Conservation Board Mr. Jeris Danielson
State Engineer Mr. William Bassett
Assistant Attorney General
Gentlemen: DARRELL G. WAAS MARY JO JACOBS ROBERT A.HOLMES JOHN J.SILVER JOAN E.SOMMERFELD THOMAS P. KEARNS ROCCO A.DODSON MARY E.MOSER STEPHEN W. SEIFERT CHRISTINE K.TRUITT CHRISTINA N. BEATON BRENT T. JOHNSON PATRICIA D. McGRAW MICHAEL B. ENOWAYS
RECEIVED
MAY di 1985
SOUTHEASTERN
COLORADO WATER
CONSERVANCY DISTRICT
After reviewing most of the negotiating minutes of the Arkansas River Compact Commission, and some engineering studies on the Arkansas River, we have put together a suggested strategy for the meeting May 7 with Mr. Pope. The attached memo lists the questions to be asked of Mr. Pope, and related material. The purpose of the questions is to clarify the engineering to be done and the factors to be included in the engineering calculations. We believe the questions must be answered before engineering can commence.
Please call if you have questions.
Very truly yours,
Kevin B. Pratt of
FAIRFIELD AND WOODS KBP/nz
MINUTES OF
ARKANSAS RIVER COMPACT ADMINISTRATION SPECIAL MEETING Court House Lamar, Colorado June 6, 1967 Attendance: For Colorado:
Felix L. Sparks, Denver . Ernest Hofmeister, Lamar George F. Reyher, McClave For Kansas:
Robert V. Smrha, Topeka Carl E. Bentrup, Deerfield Logan N. Green, Garden City For the United States:
Wilbur L. Heckler, Albuquerque, New Mexico Others Attending: G. D. Steward Wayne Campbell Earl Beegles Everette Marshall Glenn G. Saunders E. A. Thaxton G. E. Kimble Harry J. Figge Robert A. Buchhagen Ross W. Moor Howard C. Corrigan Leo J. Olson Geo. T. O'Malley, Jr. Bernie Bovee LeRoy Nickelson C. L. Nickelson Wm. Howland Sisto Guidotti Carter Hutchinson Otero Co.
La Junta Chamber of Corn, Otero Co. Comm.
Catlin Ditch Board Purgatoire W. C. Dist. SECRA Chairman
Holbrook Lake Sptmns, Club Cob. Game, Fish & Parks Corps of Engineers
U.S.G.S.
Div. of Water Res. C.F.I. Corp.
Colo. Game, Fish & Parks Colo. Game, Fish & Parks Fort Bent
Fort Bent
Amity Mutual Canal Amity Mutual Canal C.W.C.B.
Rocky Ford, Colo. La Junta, Colo, La Junta, Colo. La Junta, Colo. Denver, Colo. Las Animas, Colo. Swink, Colo. Denver, Colo. John Martin Res. Lamar, Colo.
Garden City, Kans. Pueblo, Colo. Denver, Colo. Colo. Spgs., Colo. Lamar, Colo. Lamar, Colo. Holly, Colo, Bristol, Colo. Denver, Colo.
Others Attending, Continued: Harry C. Nevius W. T. Setchfield James Donnelly Charles J. Cappellinni Max Torres J. L. Ogilvie Ralph L. Strother Leo J. Gamble Edw. J. Tripp Claire Behan Donn Bynum Clyde Albertson Frank Richards Dutch Schneider Jack Robinson Fred L. Boydston Francis M. Bell MEETING CALLED TO ORDER
Amity Mutual Canal Bent Co. Rec. Board
Chmn, Purgatoire W.C. Dist. Purgatoire W.C. Dist. Purgatoire W.C. Dist. Bureau of Reclamation Corps of Engineers Bureau of Reclamation U.S.G.S. KLMR Radio
Tri-State Daily News Bent Co. Commissioners Chamber of Commerce Bowling Alley Owner City Council
C.W.C.B. C.W.C.B.
Lamar, Colo. Las Animas, Colo. Trinidad, Colo. Trinidad, Colo. Trinidad, Colo. Pueblo, Colo. Albuq., New Mexico Pueblo, Colo. Denver, Colo. Lamar, Colo. Lamar, Colo. Las Animas, Colo. Las Animas, Colo. Las Animas, Colo. Las Animas, Colo. Denver, Colo. Denver, Colo.
Chairman Heckler called the meeting to order at 9:55 A.M. He said that his first official duty was to present his credentials to the Administra-tion. He next called for consideration of the minutes of the December 14, 1966 meeting. There being no corrections, the minutes were approved as submitted. The Chairman then read his report as follows:
REPORT
1. Appointment Credential - My appointment as federal representative to the Arkansas River Compact Administration was made by President Lyndon B. Johnson by letter of January 25, 1967. Copies of the appointment letter have been furnished to the commissioners of both States.
2. Annual report mailings - In accordance with established practice, copies of the 1966 annual report were mailed to 13 different
federal parties or agencies as shown on the attached mailing list. 3. Colorado District of U.S.G.S. reorganized - The Regional
Hydro-logist of the Water Resources Division, U. S. Geological Survey reported that on March 1, 1967 the consolidation and reorgani-zation of the operations in Colorado have been approved and are now in effect. Mr. Edward Moulder has been appointed as District Chief. Also reported was that the sub-office at Lamar will be continued under the reorganized district. Both the States of Kansas and Colorado are now operating under division status.
-2-Mr. Lane Hackett read the Secretary's Report as follows: SECRETARY'S REPORT
December 13, 1966 - June 6, 1967
Copies of the Eighteenth Annual Report were received March 17, 1967. Copies were mailed to ditch companies and elsewhere as requested. A good supply is still on hand.
A new supply of checks and updated letterheads has been printed. This supply should be adequate for some time unless further changes are re-quired on the letterheads.
The usual contacts with the Corps of Engineers and U.S.G.S. have been maintained for operation of John Martin Reservoir. A total of 23 release orders have been issued to date since December 1, 1966. Considerable time and mileage have been spent in verifying compact station flows, mainly downstream from John Martin to the state line.
Correspondence and telephone business have been handled as necessary by your secretary. All bills are paid to date with the exception of the fourth quarterly U.S.G.S. payment and the secretary's salary for the quarter ending June 30, 1967.
Mr. Smrha made and Mr. Hofmeister seconded a motion that the
Secretary's Report be accepted. The motion passed by the vote of the states.
Mr. Hofmeister then gave the report as Treasurer, ARKANSAS RIVER COMPACT ADMINISTRATION
Treasurer's Report
DATE VOUCHER AMOUNT
11/1/66 474 Telephone Co. - October Service $ 17.22 12/1/66 475 Telephone Co. - November Service 15.16 12/27/66 476 Treasurer of the U.S. - 4th Qtr. FICA 25.20
477 Void
1/4/67 478 Marvin Strait Agency - Audit & Photo Co. 89.65 1/4/67 479 Telephone Co. - December Service 13.02 1/4/67 480 Lane L. Hackett-4th Qtr. Salary & Travel 341.96 1/23/67 481 U. S. Geological Survey -2nd Qtr. Agreement 500.00 2/3/67 482 Lamar Typewriter Shop-Office Supplies 2.38 2/3/67 483 Telephone Co. - January Service 14.65 3/4/67 484 Telephone Co. - February Service 11.65 4/1/67 485 Telephone Co. - March Service 12.41
-3-DATE VOUCHER AMOUNT. 4/1/67 486 Peerless Printing Co.-Printing Annual Report 748.00 4/1/67 487 Treasurer of the U. S. - 1st Qtr. FICA 26.40 4/1/67 488 Lane L. Hackett - 1st Qtr. Salary 286.80 5/1/67 489 Telephone Co. - April Service 14.65 4/13/67 490 U.S.G.S. - 3rd Qtr. Agreement 500.00 4/13/67 491 Lane L. Hackett - Postage & Travel 33.92 TOTAL DISBURSEMENTS $2,653.07 Balance on Hand November 1, 1966 $4,709.71
Disbursements 2,653.07
Balance on Hand May 31, 1967 $2,056.64
Mr. Bentrup's motion, seconded by Mr. Smrha, that the Treasurer's Report be accepted was passed by vote of the states.
Mr. Green reported that the Administrative and Legal Committee had nothing to consider, and therefore had nothing to report.
Mr. Smrha reported for the Engineering Committee and said that it had no assignment, and therefore no report.
Mr. Hofmeister then presented the Operations Committee Report and asked Mr. Lane Hackett to read it.
Mr. Hackett read the report as follows: OPERATIONS REPORT
December 1, 1966 to June 6, 1967
• John Martin Reservoir storage at the close of irrigation season, midnight November 30, 1966,uas 187,171 acre feet.
A total of 23 release orders have been issued to date. River flow i releases were made to Colorado during winter storage period ranging
from 10 to 25 cfs, Storage had reached 198,190 acre feet by April 1, 1967 at which time water was ordered released to supply Kansas and Colcrado demands for 500 cfs. each. The original Kansas demand remained constant. Colorado demands reached a peak of 750 cfs. at 0300 April 5, which held for 10 days,
Through a mutual agreement by irrigators in both States, a 207 reduction in maxinum demands was made to conserve storage and at 0830 May 16 an order was issued for 900 cfs. Demands of both States decreased until May 30 at which time Kansas cancelled all demands and the release was ordered reduced to 375 cfs. at 1330 for Colorado. On that date heavy rains were reported in the evening in the McClave and Big Bend'area as well as in Caddoa and Mud Creek drainages. By tele-phone and personal investigation of the drainage areas it became ob-vious that there would be considerable runoff from these areas. A
-4-call was made by your secretary to close the gates at John Martin at 2100 and was informed they had been closed at 2045 on a call from Mr. George Reyher. Considerable flooding was experienced in McClave and Big Bend drainages. Caddoa and Mud Creeks flows were nil by daylight May 31. The Amity, Buffalo and XY Canals had some damage as a result of the flooding.
To meet Colorado's demand, 250 cfs. was ordered for release at 0830 June 5, 1967.
Return flows and problems at measuring stations have required trips to the state line and to tributaries to the river. The U.S.G.S. has worked hard setting up new stations and furnishing data to assist in the measurements for Compact operation. The telemark station just below the reservoir mossed up and created some problems for release measurements.
Storage has increased about 12,000 acre-feet since the low of 74,500 acre-feet midnight May 26.
Storage midnight 6/5/67 87,026 acre-feet Decrease since 4/1/67 111,164 acre-feet
Respectfully submitted, Ernest Hofmeister
Some discussion followed on the demands by Colorado and Kansas.
Mr. Green then moved that the Operations Committee Report be received and approved and placed in the record. Mr. Sparks seconded the motion and the motion was passed by, vote of the states.
OLD AND NEW BUSINESS
Mr. Heckler then asked if there. was any unfinished business. There being none, he passed on to new business and suggested consideration of the Trinidad Project as the first item.
Mr. Sparks was asked to present the Trinidad Project for consideration. He said the project had been before the Administration for a long time and he asked if Kansas had any further questions on the project.
Mr. Smrha said that the revised operating principles had not been submitted to the Administration as such.
Mr. Sparks then submitted the revised operating principles along with a letter written to the ditch companies in Kansas. He said this material had been previously submitted to the State of Kansas. After
-5-some discussion Mr. Sparks said that these were the same principles that were submitted originally to the Administration and in addition contained the five points requested by the State of Kansas.
Mr. Bentrup said there seemed to be some conflict in Article VI whether there should be a ten-year review or a five-year review and Mr. Ogilvie was called upon to explain it.
Mr. Ogilvie said the amendments specify a five-year review shall be made instead of a ten.
After some discussion Mr. Saunders said that the amendments to the docu-ment supersede the original docudocu-ment.
Mr. Sparks said that in all documents such as this, the amendments supersede the original document.
Mr. Smrha then asked Mr. Ogilvie if the operating principles as amended had been sent to the ditch companies and if there had been any response to these.
Mr. Ogilvie said there had been no response from the ditch companies. Mr. Sparks then asked if Kansas wanted anything further done with respect to the operating principles.
Mr. Smrha replied that if the question of approval was submitted to the Administration then Kansas will act.
. Mr. Sparks then moved and M±. Hofmeister seconded a motion that the Administration approve the operating principles with the understanding that the amendments take precedent over the original operating prin-ciples as presented.
Mr. Green said that he thought that it would be less clumsy to redraw the principles and incorporate the amendments into a single document. He said that as of now there were two documents to approve. He suggested that if everything were incorporated into one document then everyone would know what it means.
Mr. Sparks then asked Mr. Ogilvie to explain the operating principles and amendments.
Mr. Ogilvie said the amendments do take precedent over the original item and that the items included make one document. Mr. Ogilvie further said that at the first review the operating principles would be revised and amended as deemed necessary.
Mr. Smrha then asked for a recess of five minutes to which Mr. Heckler agreed.
-6-Mr. Heckler reconvened the recessed meeting and -6-Mr. Green said that the Kansas delegates had caucused and thought that if the letter of March 20, 1967, from H. P. Dugan to the Governor of Kansas and countersigned by the Purgatoire Conservancy District was referred to in an amended motion then Kansas could act upon that.
Mr. Sparks said that he would like to withdraw his original motion and make a new motion, which he did as follows:
Moved that the document of March 20, 1967 submitted to Governor Docking and signed by H. P. Dugan and countersigned by Dr. Donnelly be approved by the Arkansas River Compact Administration. Mr. Green seconded the motion and after some discussion the motion was carried by vote of the states. The documents are attached as Appendix A.
Mt. Hofmeister presented a proposed budget for 19684969 and said that it provided for a $200 increase for gage reports and a $25 per month raise for the secretary. He also said that an additional Kansas relay station might be necessary, so $1,500 was included for that.
Mt. Tripp was then called upon to explain the relay situation. He said that there may be need for an additional relay besides the ones at Syracuse and Hartland. Mr. Tripp explained that the $7,500 in last year's budget for the relay stations and Garden City recorder was put in the budget without the prospect of matching funds from U.S.G.S. At the present time there are matching funds available so there is a surplus of funds in this category. He said that the receiver at Garden City had not been decided upon as yet, but that the U.S.G.S. preferred that this receiver be purchased either by Kansas or the Compact Admini-stration since the U.S.G.S. did not want to keep it on their inventory account.
Mr. Smrha then asked what choices there were on receiving equipment: Mr. Tripp explained that if someone is on duty for Kansas most of the time there is no need for a print-out tape.
Mr. Bell said any manual receiver will get the signal if it is designed or converted to receive the proper frequency.
Mr. Corrigan was asked what he thought and explained that he could see no need for a tape recorder type receiver.
Mr. Smrha agreed that Mr. Corrigan's idea for a receiver without a tape recorder would satisfy Kansas' purpose.
Mr. Buchhagen said that the receiver at John Martin Reservoir has some trouble receiving the zeros and ones. After some discussion it was apparent that this was a common trouble.
Mr. Heckler then asked if it would be possible to eliminate the $1,500 relay item from the budget.
Mr. Smrha then moved and Mr. Sparks seconded the motion that the budget be approved and adopted without the $1,500 relay item. The motion was passed.
The approved budget is as follows: BUDGET
Fiscal Year July 1, 1968 - June 30, 1969 Personal Services
Secretary's Salary $1,500.00
Social Security 75.00
Gage Reports 2,200.00
Professional Services (audit) 100.00
$3,875.00
Capital Outlay 300.00
Maintenance and Operation
Bond (Treasurer) 15.00
Printing 900.00
Official Publications 100.00
Travel Expenses 500.00
Typing and Mailing 100.00 Investigation & Inspection 100.00 Telephone and Telegraph 300.00
Office Supplies 300.00
Total Proposed Budget 1968-1969
Estimated Carry Over as of June 30, 1968
2,315.00
$6,490.00 1,000.00 Total to be appropriated by Colo. and Kansas $5,490.00 Colorado's Share 60%
Kansas' Share 40%
$3,294.00 2,196.00 $5,490.00 Both Mr. Sparks and Mr. Smrha said that the funds from each state for the Arkansas River Compact Administration will be available on July 1, and the treasurer was advised to request those funds as soon as possible.
Mr. Heckler then said that the next item On the agenda was consi-deration of the permanent pool in John Martin Reservoir and asked Mr. Sparks to explain the situation.
-8-Mr. Sparks explained that this agenda item had been included at the request of Colorado. He reviewed Congressional legislation authorizing invasion of the flood-control storage capacity of John Martin Reservoir to the extent of 10,000 acre-feet for establishment of a permanent pool. He also pointed out that at the request of Colorado, the Chief of
Engineers authorized storage in the flood control pool of this 10,000 acre-feet from surplus flows in 1965. Evaporation records maintained since this storage was accomplished show that about 1500 acre-feet have been lost by evaporation and that about 8500 acre-feet of the original 10,000 remain in storage. He explained that Colorado will need to acquire an average of about 5,000 acre-feet annually in order to main-tain a 10,000 acre foot pool and he reviewed the efforts of the Colorado Game, Fish and Parks Department to acquire the necessary water. These efforts include the following.
1. The Corps of Engineers has offered to transfer to Colorado all water rights obtained by the Corps when it purchased land in the John Martin Reservoir area.
2. Transfer of storage rights from Setchfield Reservoir on Muddy Creek to John Martin Reservoir. Setchfield Reservoir is owned by the Colorado Game, Fish and Parks Department, but the dam was breached in the 1965 flood.
3. Negotiations for the purchase of Two Buttes Reservoir. This reservoir has a capacity of about 40,000 acre-feet, part of which could be used to deliver demands by Kansas and by exchange replace evaporation losses from the permanent pool. 4. Negotiations with the cities of Aurora and Colorado Springs
for the purchase of 5,000 acre-feet annually from the Homestake Project.
Mr. Sparks then asked if in view of the plans now being made whether Kansas could appoint someone to work with Colorado to account for the water into the reservoir. He explained that Colorado wants to make sure that there will be an over-delivery of water to make up for the evaporation losses. He welcomed any discussion of this project.
Mr. Smrha then said he disagreed with Mr. Sparks' remarks with respect to surplus water stored by order of the Chief of Engineers and he read from the Bill authorizing the invasion of the flood control pool. No agreement or approval as required by the legislation has yet been reached. Therefore, no permanent pool can be considered to exist and all water in storage is under terms of the Compact below elevation 3,851 and is subject to release under the terms of the Compact.
Mr. Sparks said he had not considered raising such a point and that he only wanted to know if Kansas would appoint someone to look over the shoulder of Colorado and keep them advised as to their desires. He also suggested that maybe someone from the Administration would look on and find out what went on.
-9-Mr. Smrha 4aid any proposal which Colorado may make would receive consideration of the Kansas people.
Mr. Heckler questioned if others mentioned in the Bill should be contacted before the study goes much further.
Mr. Sparks remarked that Colorado had experienced some difficulty with the Trinidad Operating Principles trying to find who in Kansas should approve the plans and he didn't wish to run into the same trouble again.
Mr. Smrha said that in the Trinidad authorizing document the Kansas water users, the State of Kansas and the Arkansas River Compact Admini-stration were to be considered; however, in the permanent pool legisla-tion Kansas is not menlegisla-tioned. Therefore, the subject of the permanent pool will be referred only to the Compact Administration members.
Mr. Sparks said that Colorado will proceed with the plans for replacing evaporation, and will keep the Kansas members informed, and that any details will have to be worked out jointly.. He said that his own water conservation board and the Corps of Engineers have to approve anything before it will be sent to the Kansas Administration members. He averred that the 10,000 acre-feet was stored at the behest of Colorado and would not have been stored except for Colorado's action. The State of Colorado hopes to obtain the necessary water to make up for evaporation losses this summer and therefore wished to offer the following resolution to the Administration. He read as follows:
RESOLUTION
WHEREAS, during the floods of June 1965 the Chief of Engineers, U. S. Army, at the request of the State of Colorado retained
10,000 acre-feet of water in the flood control storage space of • the John Martin Reservoir; and
WHEREAS, the Congress of the United States has enacted Public Law 89-298 which authorizes and directs the Chief of Engineers, U. S. Army, to modify the flood control storage space of the John Martin Reservoir to an amount not to exceed 10,000 acre-feet for the purpose of establishing and main-taining a permanent pool for fish and wildlife and recreational purposes; and
WHEREAS, Proviso (1) of said Public Law 89-298 provides that the State of Colorado shall purchase and make available any necessary water rights to maintain said permanent pool; and
WHEREAS, the Colorado Game, Fish and Parks Department has made and is making diligent efforts to acquire water rights to maintain the permanent pool; and
-10-WHEREAS, said permanent pool has now been reduced to 8,649 acre-feet as of May 31, 1967 due to evaporation and seepage losses; and
WHEREAS, Proviso (4) of said Public Law requires that the Arkansas River Compact Administration approve the operating procedures of said permanent pool;
NOW, THEREFORE, be it resolved by the Arkansas River Compact Administration that it hereby authorizes the maintenance of the storage of 8,649 acre-feet for the operation of the permanent pool for recreational and fish and wildlife purposes; and
BE IT FURTHER RESOLVED, that the State of Colorado through its Game, Fish and Parks Department, continue its efforts to obtain the necessary water to maintain said permanent pool at 10,000 acre-feet.
Mr. Hofmeister questioned how the reservoir would be operated.
Mr. Sparks replied that they would simply draw the reservoir down by the daily amount of evaporation.
Mr. Bentrup said that assuming that this resolution was passed he could not see where the Administration had any authority to curtail the releases if water was called, for by the irrigators. He said that Kansas wishes to keep an open mind on this subject and he hoped that the pool could be maintained on a voluntary basis. After more discussion
Mr. Sparks moved for the adoption of the resolution as read. Since no second was forthcoming, the Chairman ruled that the motion had died for lack of a second.
After further discussion Mr. Hackett asked what the Secretary should do if he gets requests for water that is now in the permanent pool. After an informal discussion it seemed that everyone agreed that if the irrigators demand the water it must be released.
Mr. Bentrup then volunteered to act as a contact for the ditches in Kansas to ask them to cease their demand when the reservoir gets down to that point. He said he would like to see someone in Colorado also volunteer for this service.
Mr. Sparks voiced his appreciation of Mr. Bentrup's views and remarked that Kansas has helped greatly in this respect.
Chairman Heckler asked if there was any other business and Mr. Sparks said that he wished to submit a revised area capacity table for the John Martin Reservoir. He noted that all the Administration members had received a copy, but he had extra copies which he would mail out or give to anyone interested.
-11-Mr. Nevius was asked for his views on the permanent pool. He stated that in his opinion it would be very difficult to maintain a permanent pool without material injury to water users below John Martin Reservoir. He pointed out that during periods when the reservoir is empty these water users have historically had the benefit of accretions to the river as it courses through the reservoir area. He estimated that these
accretions range from 10,000 to 16,000 acre-feet annually. He suggested that raising the water level 25 feet above normal stream level to main-tain the permanent pool would reduce or eliminate the accretions to which the downstream users are entitled. For this reason he firmly opposes any plans for a permanent pool. Mr. Nevius also reminded the Administration that during the negotiations for the Compact the matter of a permanent pool had been explored thoroughly and discussed vigor-ously and discarded as completely impractical.
Mr. Smrha said that he thought that the Administration should take note of the retirement of the former Chairman Frank Bell .and that a suitable resolution should be written and adopted.
Mr. Green asked if Mr. Sparks would be willing to draw up such a resolution and Mr. Sparks agreed.
There being no further business the meeting adjourned at 11:45 A.M.
-12-'APPENDIX A
7-100
Hon. Robert Docking Governor of Kansas Topeka, Kansas
Dear Governor Docking:
On February 1, 1967, I concurred with views of the Kansas Water Resources Board and the State of Kansas relative to the Trinidad Project and the plan of operation as set forth in the "Operating Principles". At the same time, evidence of acceptance by the Purgatoire River Water Conservancy District of the five conditions set forth in Governor Avery's letter of December 30, 1966 was presented. Subsequent discussion with representatives of the Kansas Water Resources Board indicates the desirability of setting forth the "Operating Principles" and the five conditions clearly in one document so as to avoid any misunderstanding in the future as to their intent and purpose. I concur in this suggestion and, accord-ingly, quoted below are the "Operating Principles" as contained in
the Irrigation Report on the Trinidad Project, Colorado, July 1964 (Revised September 1964) and the five conditions suggested in
Governor Avery's letter of December 30, 1966: OPERATING PRINCIPLES
TRINIDAD DAM AND RESERVOIR PROJECT Preamble
The Trinidad Dam and Reservoir Project as reported in House Document No. 325, 84th Congress, 2d Session, and as authorized by the Flood Control Act of 1958, will be operated in such a manner as to secure the greatest practicable benefits from the regulation and use of the flows of the Purgatoire River consistent with the laws and policies of the State of Colorado and of the United States including the Arkansas River Compact. The objectives and principles governing the operation of the Trinidad Dam and Reservoir Project to secure such benefits are contained within the following articles.
Article I - OBJECTIVES
Article II - DEFINITION OF TERMS Article III _ FLOOD CONTROL
Article IV - IRRIGATION
Article V _ FISHERY AND RECREATION Article VI - REVIEW AND AMENDMENT
Article I - OBJECTIVES
The operation of the Trinidad Dam and Reservoir involves the regu-lation of the flows of the Purgatoire River for flood control, irri-gation use, and recreation including a permanent fishery pool. The project plan provides for:
1. Control of floods originating above the reservoir for benefit of the City of Trinidad and downstream reaches. 2. Optimum beneficial use of the available water for irri-gation within the project area consistent with the pro-tection of downstream non-project rights as set forth in House Document No. 325, 84th Congress, 2d Session, which provides:
(a) Transfer of the storage decree of the Model Land and Irrigation Company for 20,000 acre-feet annually from the present site to the pro-posed Trinidad Reservoir.
(b) Storage in the Trinidad Reservoir of flood flows originating on the Purgatoire River above the dam site which would otherwise spill from John Martin Reservoir.
(c) Storage in Trinidad Reservoir of the winter flows of the Purgatoire River historically diverted for winter irrigation of project lands.
3. The maintenance of a minimum pool for enhancement of recrea-tion and fishery values.
4. The construction of the Trinidad Dam and Reservoir with the -following allocated capacities:
Flood control . . . 51,000 acre-feet Irrigation. . • • . . . . 20,000 acre-feet Permanent fishery pool. . . 4,500 acre-feet Joint use * • • • 39,000 acre-feet Total capacity - 114,500 acre-feet * For irrigation and sediment accumulation
Article II - DEFINITION OF TERMS Definition of terms as used herein:
1. "Reservoir" means the reservoir presently planned and authorized for construction on the Purgatoire River above the City of Trinidad, Colorado.
2. "District" means the Purgatoire River Water Conservancy District, that entity created and existing under laws of the State of Colorado to contract for repayment to the United States of an appropriate share of the project costs allocated to the irrigation use. The District shall also be the agency responsible for the regulation of irrigation water supplies within the District boundaries in the manner set forth therein.
3. "Unused Sediment Capacity" means that portion of the 39,000 acre-feet of reservoir capacity allocated to joint use but unoccupied by sediment at any given time.
4. "Irrigation Capacity" means the 20,000 acre-feet of reser-voir capacity allocated to irrigation plus the unsedimented portion of the joint use capacity.
5. "Permanent Fishery Pool Capacity" means the 4,500 acre-feet of reservoir capacity allocated to fishery and recreation. •
6. "Permanent Fishery Pool" means the quantity of water stored in the permanent fishery pool capacity.
7. "Flood Control" means the temporary storage of flood waters at any reservoir pool level as necessary to alleviate flood damages through the City of Trinidad and downstream reaches. 8. "Flood Control Capacity" means the 51,000 acre-feet of
capacity exclusively allocated to flood control lying initially above m.s.l. reservoir elevation 6229.6.
9. "Reservoir InfloW" is to be expressed in mean daily cubic feet per second of time and means that total flow of water entering the reservoir, comprising measured flows at the inflow gaging stations and other unmeasured inflows entering the reservoir, less such flow of water as may be acquired by the State of Colorado for filling and maintaining the
permanent fishery pool.
10. "District Irrigable Area" means only the 19,717 acres of Class 1, 2 and 3 irrigable lands to be served lying within District boundaries.
11. "Irrigation Season" means that period of the year, as determined annually by the District, during which water may be beneficially applied to the District irrigable area, provided the irrigation season will not begin earlier than April 1 or end later than October 15, except as modified by the District with the consent of the Secretary of Interior.
12. "Nonirrigation Season" means that period of the year other than the irrigation season.
13. "District Storaje Right" means those rights under which the District may store water in the irrigation capacity for use on the District irrigable area.
14. "District Water Supply" means that water supply of the Purgatoire River subject to District administration for irrigation use within the District irrigable area.
15. "Colorado State Engineer" means the Colorado State Engineer or such other administrative agency having jurisdiction and control over the distribution of the waters of the State of Colorado.
16. "Operating Agency" means the U. S. Army Engineer District, Albuquerque, New Mexico, Corps of Engineers.
Article III - FLOOD CONTROL
Trinidad Reservoir shall be operated for flood control benefits in accordance with regulations prescribed by the Secretary of the Army and the following operating principles:
1. All potentially damaging flood inflows shall be temporarily detained as necessary to limit the flow insofar as possible to a nondamaging flow, currently estimated to be 5,000 c.f.s., downstream from the Trinidad Reservoir.
2. All flood waters stored in the flood control capacity shall be released at the maximum nondamaging rate insofar as practicable.
3. Any inflow, other than that stored for irrigation use, temporarily retained below the bottom of the flood control capacity for flood control purposes, shall be released by the operating agency at such a rate, time, and quantity as may be ordered by the Colorado State Engineer, but within nondamaging flaw in the channels below the reservoir.
Article IV - IRRIGATION
Administration of the irrigation capacity in Trinidad Reservoir and the distribution of water to the District irrigable area will be made by the District in accordance with House Document No. 325, 84th Congress, 2d Session, and these operating principles. Agree-ments, satisfactory to the Secretary of the Interior, shall be entered into between the District and the ditch companies and other owners of affected water rights to insure that these principles and the operation described herein shall be adopted.
The principles and provisions under which the District will admin-ister water supplies to ,the District irrigable area are contained in the following four parts of this Article: "Water Rights", "Limits of Land and Water Use", "District Water Supply", and "Operation and Exercise of Water Rights".
A. Water Rights
Accomplishment of the following conditions is necessary under the laws of the State of Colorado to provide the District with the right to regulate the flows of the Purgatoire River in the manner described herein:
1. The water users within the District shall assign the right to the exercise of all the decreed direct flow water rights within the District boundaries to the District for administration by the District at such times and to the degree outlined in these
principles. The right to the exercise of the follow-ing water rights, all in Water District No. 19, shall be so assigned.
2. Waters of the Purgatoire River shall be stored by the District in the irrigation capacity of Trinidad Reservoir under rights created under Colorado law; said rights, defined as the District storage right, include:
(a) The Model storage right, being the right to store 20,000 acre-feet of water from the flows of the Purgatoire River, under
reservoir priority No. 10 in Water District No. 19 at a rate of flow not exceeding 700 cubic feet per second of time under date of appropriation of January 22, 1908, as decreed by the District Court of Las Animas County, Colorado, on January 12, 1925, which right shall, by appropriate statutory proceedings be transferrel from the place of storage as originally decreed to the site of the
reservoir; and
(b) Such other rights to store water in the reservoir as the District may lawfully acquire by appropriation or purchase. Priority Amount
Number Date (cfs) Name of Ditch
3 11/30/61 6.00 Baca 5 3/20/62 4.00 Johns Flood 7 4/30/62 7.00 Chilili 8 11/15/62 2.82 Baca 8 11/15/62 1.18 El Moro 9 1/ 1/63 1.28 Johns Flood 9 1/ 1/63 4.72 Hoehne 12 6/30/63 0.50 South Side 13 1/ 1/64 1.25 Johns Flood
13 1/ 1/64 3.75 Lewelling & McCormick
15 4/10/64 5.10 Johns Flood
15 4/10/64 0.80 Hoehne
15 4/10/64 2.54 Salas
19 6/ 1/65 4.00 Lewelling & McCormick
20 10/ 7/65 7.35 Johns Flood
20 10/ 7/65 16.65 Hoehne
21 1/ 1/66 6.00 Burns & Duncan
22 2/ 1/66 4.00 Salas 27 5/31/66 2.25 Johns Flood 27 5/31/66 2.25 Salas 40 4/30/68 1.40 South Side 64 4/ 1/73 2.40 Johns Flood 73 11/ 1/75 6.00 South Side 74 2/17/76 34.00 South Side 75 12/25/76 4.00 , South Side 77 3/11/77 1.30 El Moro 6
Priority Amount
Number Date (cfs) Name of Ditch
77 3/11/77 2.70 Baca 80 4/ 7/77 18.60 South Side 93 12/15/82 4.00 South Side 95 11/ 4/83 14.33 Baca 96 11/23/83 16.84 South Side 98 4/30/84 60.00 South Side 103 6/21/86 14.73 Baca
104 10/21/86 10.00 Lawelling & McCoimick
106 3/12/87 15.00 Baca 108 2/15/88 . 9.70 South Side 109 3/ 1/88 8.00 South Side 137 11/23/97 2.00 V. Florez 145 10/20/02 100.00 Johns Flood 152 12/31/03 2.00 V. Florez 168 1/22/08 200.00 Model 2421- 6/12/20 45.56 Baca
B. Limits of Land and Water Use
In order that the Trinidad Dam and Reservoir Project may provide an optimum beneficial use of water for irrigation within the District, the following limitations on land and water use shall apply:
1. The acreage irrigated by the District water supply shall be limited to the 19,717 acres classified as 1, 2 and 3 irrigable land lying within the District boundaries. These 19,717 acres of the District irri-gable area shall be composed as nearly as practicable of ale following acreages under individual ditches:
Baca 2,428 acres Chilili 114 El Moro 160 11 Johns Flood 1,854 Model 6,177 11 South Side 6,359 Victor Florez 22 Hoehne 1,742 It
Burns & Duncan 322 Lewelling & McCormick 378
Salas 161 if
Total 19,717 Acres
2. All water deliveries to the 19,717 acres of the District irrigable area will be limited during the irrigation season to the irrigation requirements at the farm head-gate as determined by the District. Allowance for canal and lateral losses on the individual ditch systems will also be determined by the District.
3. No water deliveries for irrigation of the 19,717 acres of the District irrIgable area will be made during the nonirrigation season.
C. District Water Supply
1. That water supply of the Purgatoire River Subject to District administration for irrigation use within the District irrigable area, defined as the District water supply, consists of,:
(a) The water stored under the District storage right in the irrigation capacity.
(b) The stream gains to the Purgatoire River below Trinidad Dam that are divertible to the District irrigable area for irrigation use through the District's exercise of the rights listed in IV.A.1.
(c) That portion of the reservoir inflow bypassed to the river below Trinidad Dam which is sub-ject to diversion to the District irrigable area through the District's exercise of the water rights listed in IV.A.1.
2. The District water supply will be allocated by the District to the ditches within the District to provide each acre of the District irrigable area an equitable share of the District water supply after allowance has been made for individual ditch transportation losses, provided such allocation will not exceed the irrigation requirements at the farm headgate.
D. Operation and Excercise of Water Rights
The principles governing operation of the irrigation capacity and the District's exercise of the assigned direct flow water rights listed under IV.A.1. and the District storage right are
hereinafter set forth as they apply to operations during the entire year as well as to operations during either the non-irrigation season or non-irrigation season.
1. Non-interference with Downstream Water Rights
(a) Bypasses to the river shall be made at any time during the year to satisfy downstream senior rights as ordered by the Colorado
State Engineer to the extent that such demands are not met by stream gains or otherwise satis-fied but are limited to the extent as deter-mined by the Colorado State Engineer to actually benefit such rights without unnecessary waste through channel losses.
(b) Reservoir inflow in excess of the amount stared under the transferred Model right may be detained in the reservoir at such times as John Martin Reservoir is reasonably expected to spill; to the extent that John Martin Reservoir would have spilled, such detained water shall be considered to have been stored under the District storage right and become
(c)
part of the District water supply. Such detained water which does not become a part of the District water supply shall be released as called for by the Colorado State Engineer in the amounts and at such times as he shall deter-mine that such releases may be required to avoid a material depletion of the water of the Arkansas River as defined in Article 3 of the Arkansas River Compact, C.R.S., 1953, 148-9-1.
Except as provided by paragraph (b) above, any water temporarily detained in the reservoir as a result of the reservoir inflow exceeding the design outlet capacity of the reservoir shall be released as soon as possible.
(d) All releases from the reservoir, as set forth in (a), (b) and (c) above, shall be passed down the Purgatoire River without interference by water
users in the District irrigable area.
2. District Operation, Non-irrigation Season
(a) During the non-irrigation season the District will provide an allowance for stock watering purposes of not more than a daily mean flow of five second-feet or its volume equivalent
measured at a gage to be located near and above the Baca River headgate. If the stream gains from the Trinidad Dam to the said gage are insuf-ficient to fulfill the allowance, an equivalent volume of reservoir inflow will be released to satisfy stock water demands within the allowance. (b) During the non-irrigation season the District
will exercise the direct flaw water rights and the Disttict storage right only at such times and to the degree as necessary to assure:
(1) That the maximum possible storage of reservoir inflow is accrued.
(2) The stock water allowance is distributed in a manner determined equitable by the District.
3. District Operation - Irrigation Season
(a) During the irrigation season, except at such times as provided for in IV.D.3.(c) below, the District shall exercise the direct flaw water rights and the District storage right only at such times and to the degree necessary to assure:
(1) That stream gains to the river below Trinidad Dam which are divertible to the District irrigable area and such reservoir inflow which is bypassed to the river for District irrigation use will be equitably distributed to the District irrigable area as part of the allocated District water supply.
(2) That the District storage right can be fully exercised to store reservoir inflow in excess of that bypass to the river as may be required under D.1.(a) and D.3.(a) (1) above.
(b) During the irrigation season water stored in the irrigation capacity will be released as needed to fulfill or partially fulfill the irrigation require-ments of the District irrigable area as part of the allocated District water supply.
(c) During the irrigation season, when the irrigation capacity is empty as determined by the District, the District will relinquish its exercise of the direct flow water rights provided that if the reservoir inflow and stream gains below Trinidad Dam which are divertible to the District irrigable area exceed the irrigation requirement and such excess is storable under the District storage right, the District will resume the exercise of the direct flow rights and exercise of the District Storage right as in D.3.(a)(2) above.
4.. Evaporation and Seepage Losses
In the accounting for water in storage, evaporation and seep-age losses due to water stored in the irrigation capacity shall be determined using the most recent data available by the Colorado State Engineer and the District with the cooper-ation of the operating agency.
Article V - FISHERY AND RECREATION
The permanent fishery pool shall be operated in accordance with the following principles:
1. Water for the initial and subsequent fillings and for replacing evaporation and seepage losses will be acquired by the State of Colorado without interference to the District water supply or without additional cost to the District or the United States for the. Trinidad Project as envisioned in House Document No. 325.
2. In the accounting for water in storage, evaporation and seepage losses due to the permanent fishery pool shall be determined using the most recent data available by the Colorado State Engineer and the District with the coopera-tion of the operating agency.
3. There shall never be any release of water from the permanent fishery pool except upon the request of the Colorado Game, Fish, and Parks Commission to the Colorado State Engineer.
Article VI - REVIEW AND AMENDMENT
These operating principles may be subject to review and amendment not more than once a year at the request of any of the parties' signatory; provided, that at least one review shall be accomplished within the first 10 years following completion of the Trinidad Dam and at least one review be accomplished every 10 years thereafter. The primary object of such reviews will be obtaining optimum beneficial use of water as conditions change, operating experience is gained, and more technical data become available.
FIVE CONDITIONS State of Kansas
1. All inflows over established Colorado water rights (1156.05 cfs) be designated flood flows and released as promptly as downstream conditions permit. The only time water so designated may be stored in the conservation pool will be when John Martin Reservoir does not have the capacity to store additional water.
2. Any subsequent amendment of the operating principles should be subject to review and approval of the same interests as provided for in the original procedure.
3. Assurances that there will be no significant increase in water use which would result in a depletion of water yield to other Colorado and Kansas water users.
4. That 5 years after beginning operation of the Trinidad Reser-voir for irrigation purposes, the operating principles be reviewed
to determine the effect, if any, the operation has had on other Colorado and Kansas water users and the principles amended as necessary. Each 10 years thereafter reviews should be provided with amendments as needed.
5. All operating records be open for inspection by any qualified representative of the Arkansas River Compact Administration.
The Bureau of Reclamation concurs fully with the "Operating Principles" as set forth above and further agrees with the five conditions noted and suggested by the State of Kansas, also stated above.
To further assure acceptance and complete understanding of the
"Operating Principles" and the five conditions, both set forth herein, and consistent with the resolution of the Purgatoire River Water
Conservancy District, Dr. James E. Donnelly, President of the District, is joining the Bureau of Reclamation in this letter and so indicates by his signature, approving in its entirety the material set forth herein. Authority for Dr. Donnelly's approval is contained in a resolution passed by the Purgatoire River Water Conservancy District on January 26, 1967 and a copy of this resolution and Dr. James E. Donnelly's letter of January 26, 1967 is attached for your ready reference.
I am sure this adequately documents the intent and purpose of comply-ing with the provisions set forth herein by the parties concerned and I would appreciate early advice from you of the State of Kansas' approval of this action.
Sincerely yours,
/s/ H. P. Dugan H. P. Dugan Director
PURGATOIRE RIVER WATER CONSERVANCY DISTRICT
By: /s/ James E. Donnelly James E. Donnelly, President
Enclosures cc:
Commissioner, Attention: 400 (with enclosures)
'•or
MINUTES OF
ARKANSAS RIVER COMPACT ADMINISTRATION SPECIAL MEETING July 9, 1963 Court House Lamar, Colorado Attendance: For Colorado: L. R. Kuiper, Denver Hacket Smartt, Lamar David Jenkins, Las Animas For Kansas:
Logan N. Green, Garden City, Vice-Chairman Carl E. Bentrup, Deerfield
R. V. Smrha, Topeka For the United States:
F. N. Bell, Denver, Chairman
Others Attending: F. C. Snyder J. W. Odell Ross W. Moor Dean N. Zander' R., J. McGrath Harry C. Nevius Win. Pattie W. R. Randle Arthur C. Gordon Guy. M. Vincent Robert H. Buchhagen George H. Russell E. A. Thaxton C. V. Mills Dan Bogart Sisto Guidotti Ralph Adkins Robert G. Rogers James E. Wagner
Div. Engineer - Div. #2
U. SO GO SO U. So GO SO
Corps of Engineers Water Comm.
#66 st
#67 Amity Canal Co.Fort Lyon Canal Co.
City of Lamar Water Department Fort Lyon Canal Co.
Kans. State Div. of Water Resources Corps of Engineers
City Engineer Daily News
Colo. Game & Fish Amity Canal Co.
Colo. Fuel & Iron Corp.. City of Lamar
Fort Lyon Canal Co.
Pueblo, Cob, Denver, Colo. Lamar, Colo. Albuquerque, N. M. Lamar, Colo. Lamar, Colo. Las Animas, Colo. Lamar, Colo. Lamar, Colo.
Garden City, Kans. John Martin Dam Lamar, Colo. Las Animas, Colo. Lamar, Colo. Lamar, Colo. Bristol, Colo. Pueblo, Colo. Lamar, Colo. Lamar, Colo.
Others Attending: (Continued) J. A. McGlothlin Frank Milenski Everette Marshall Roy Eckles Chester Cozine Wm. Howland Fred L. Boydston, Jr.
Catlin Canal Co. Catlin Canal Co. Catlin Canal Co. Game & Fish Comm.
Model Land & Irrig. Co. Amity Canal Co.
Colorado Water Conservation Board
La Junta, Colo. La Junta, Colo. La Junta, Colo. Lamar, Colo. Model, Colo. Holly, Colo. Denver, Colo.
Chairman Bell called the meeting to order at 9:30 A. M. and noted that there were several items of business on the agenda, but that he would proceed with them in the regular order of business. He asked for any corrections or additions to the minutes of the special meeting held March 26, 1963. Corrections were suggested and agreed to on pages
5
and6.
The Chairman, hearing no objections, declared the minutes approved as corrected.Mr. Bell said that the Chairman had no written report to make, but he had received a report of the Corps of Engineers on the City of Las Animas Flood Control Pro-ject and had transmitted it to the Chairman of the Engineering Committee. He also had received an inquiry from the Chairman of the Conference of Interstate Agencies wanting general information on the Compact Administration. Mr. Bell said he had answered the inquiry.
following:
The Chairman asked for the Secretary's Report, and Mr. Smartt gave the
SECRETARY'S REPORT
from
3/26/63 to 7/9/63
The Secretary distributed the Annual Reports to the Canal Boards below the reservoir, sent 25 copies to Mr. Barnhart, Secretary of the Arkansas Valley Ditch Association at Pueblo, Colorado, Fort Lyon Canal Co. at Las Animas were furnished with 25 copies; also some were mailed to others upon request.
The releases from the reservoir were ordered on April 1st and the gage at The Lamar Station was read by the Secretary and Mr. Guy Vincent was furnished the report on this daily.
On April 8th a Telephonic Meeting was called for the purpose of finding the reservoir empty. It was declared to become empty on April 12th.
Mr. Whitten, State Engineer, was notified by telephone. Also Mr. F. C. Snyder was contacted by telephone. Mr. Whitten was later
given written notice, with a copy being sent to Mr. F. C. Snyder, Division Engineer at Pueblo.
Bills
are
paid to date and a Treasurer's Report prepared for this meeting:Respectfully submittedj
Hacket Smartt, Secretarg-Treasurer
. Mr. Bell said if there were no Objections the Secretary's Report would be accepted.
Chairman Bell then asked Mr. Smartt to give the Treasurer's Report which he did as follows:
TREASURERIS REPORT to June 30, 1963
Balance on hand March 261 1963 Voucher
Date Number Payee and Purpose
3/28/63 365 Peerless Printing Company
Printing 14th Annual Report
4/ 2/63
366
Mt. States Telephone Co.4/ 2/63
367 Hacket Smartt, Sec.-Treas. Qtr. ending March 31, 19634/ 2/63 368 Treasurer of the United States
1st qtr. 1963 Social Security
5/ 5/63
369
Mt. States Telephone Co. April Telephone service6/30/63 370 U. S. Geological Survey
3rd qtr. Cooperative Agreement
6/30/63 371 Hacket Smartt, Sec.-Treas.
April, May & June Salary includes $12 mileage and $12 reading gage
6/30/63 372 Second qtr. Social Security
6/30/63
373
Mt. States Telephone Co.May & June telephone bill Total Disbursements this, period Balance on hand - 7/9/63
$5,815.29
Amount $ 625.00 $ 12.65 $ 289.13 $ 21.75 $ 20.20$ 450.00
$ 313.13
$ 21.75
$ 23.75
$1,777.36
$4,037.93
Mr. Bell said that the Treasurer's Report would be received unless he heard objections. No objections were heard.
.3
-Mr. Green was asked to report for the Administrative and Legal Committee, and he said the Committee had nothing to report.
Mr. Smrha was asked to report for the Engineering Committee. He said that the Engineering Committee had completed the study on the effect of stock ponds in the Ar-kansas River Basin, and he would like to present it to the Administration. Mr. Kuiper moved and Mr. Smartt seconded the motion to accept the report. The motion was passed and the report is included as Appendix A to these minutes.
Mr. Smrha continued his report by saying that on May 17, 1963 the Chairman of the Administration had transmitted to him a copy of the Corps of Engineers proposed flood control project for Las Animas. He asked Mr. Kuiper to read the report of the Engineering Committee on this proposed project. Mr. Kuiper reported as follows:
Engineering Committee
Arkansas River Compact Administration July 9, 1963
Report on Flood Control Project for Las Animas, Colorado
An Interim Report on Review Survey for Flood Control, Arkansas River and Tributaries, Las Animas, Colorado and Vicinity has been prepared by the U. S. Corps of Engineers, and has been reviewed by the Engineering Com-mittee of the Arkansas River Compact Administration.
Of three proposed plans submitted in the report, Plan C is the most comprehensive and affords the greatest total benefits of flood damage reduction, increased land utilization, and recreation facilities, but also requires the greatest expenditure of funds. The 1963 estimated cost is $1,872,000 of which the Federal Government will bear $1,759,000 and non-Federal or local costs are $113,000. The Arkansas River Conservancy District, the contracting agency, has agreed to all terms of construction, operation and maintenance prescribed by the Corps of Engineers.
The flood protection area consists of a strip of land adjacent to and parallel to the Arkansas River approximately nine miles long and about 2i miles wide at Las Animas, Colorado. The area contains about
6,880
acres --740 acres urban and 6,140 acres of farm land. The project plan provides for 9.6 miles of levee, about 12 feet high on the south side of the river. Abouttwo-thirds of the levee will be west of Las Animas and about one-third east of town. The latter location provides a back water flood protection from the Purgatoire River mouth which is less than a half mile distant. A 13 foot levee one mile in length on the north side of the Arkansas River opposite Las Animas provides protection for State Highway #94 and U. S. Highway #50. In conjunction with the levee system, flexible type bank protection is provided where necessary. Plans call for an interior drainage system including a drainage ditch, two pond-ing areas coverpond-ing approximately 80 acres, outlet structures to the river, and outlet drains and pumping facilities for the lagoon area of the existing sewage disposal plant. Inlet structures are provided for two irrigation canals which traverse the flood control area.
. The Arkansas Valley Branch Line of the A. T. & S. F. Railroad west of town is to be raised nine-feet in. grade, and the railroad .bridge over the river northeast of town is to be altered to pass the design flood. The Colorado State Highway Department will construct a new bridge on 1% S: Highway #50 north of town. Plans for the two bridges meet all requirements to pass a design flood of 140,000 c.f4s4 The channel between the two bridges will be entirely stripped
of all vegetation and obstruction Channel straightening is provided at other
river stations. A specified borrow area for levee fill material will produce a , lake some 2,200 feet long of about 22 acres in extent to be used as a fishing lake and recreation area. This area is city owned and water for the pond would be main-tained by an existing irrigation ditch from which the city has a water right4
It is the opinion of the Engineering Committee that this flood pro-, tection project will have no effect on the useable flows of the Arkan6as River, and replacement water for evaporation "losses from the small fish pond
which
is to be constructed will come from ditch rights which are presently being used in irrigation.Therefor, the Engineering Committee recommends that the attached letter be approved for dispatch to the U. S. Corps of Engineers.
Respectfully submitted by the Engineering Committee
/s/ R. V. Smrha R. V. Smrha, Chairman /s/ L. R. Kuiper ,11101111.16, L. R. Kuiper July 9,
1963
Colonel John F. Arfman District Engineer
U. S. Amy Corps of Engineers Albuquerque District
517 Gold Avenue Federal Building
Albuquerque, New Mexico Dear Colonel Arfman:
The Arkansas River Compact Administration has reviewed the Interim Report on Review Survey for Flood Control, Arkansas River and Tributaries, Las Animas, Colorado and Vicinity.
It is the opinion of the Compact Administration
that the proposed project will not be injurious to the operation of John Martin Reservoir, nor will it materially deplete or adversely affect the usable quantity and availability for use of the waters of the Arkansas River to water users in Colorado Water District 67 and Kansas.
Very truly yours,
Hacket Smartt, Secretary
Chairman Bell said that he had transmitted the proposed project report to the Engineering Committee directly in the hope that action on the report could be taken at this meeting. He, therefor, requested approval of the Administration for his action. Mr. Kuiper's motion, seconded by Mr. Smartt, to approve the action of the Chairman in forwarding the Las Animas Flood Control report directly to the Engineering Committee was passed by vote of the states. Mr. Smrha then moved for approval of the report of the Engineering Committee, including the letter to the Corps of Engineers, on the Las Animas Flood Control Project. Mr. Bentrup seconded the motion and it was duly passed by vote of the states. Mr. Smrha said that concluded the report of the Engineering Committee. In the discussion of clearing of the channel of the Arkansas for the Flood Control Pro-ject at Las Animas, Mr. Kuiper related that studies have shown that salt cedar growth has increased greatly in the Arkansas river and estimates have been made of the excessive consumptive use of water of these phreatophytes over usable grasses. He said he hopes to be able to make recommendations in the future for solution of the problem.
Mr. Bentrup gave the report of the Operations Committee as follows: OPERATION'S COMMITTEE REPORT
to July
9, 1963
The gates at The John Martin Reservoir were opened on April 1st, with a discharge of 1,000 c.f.s. being re-quested. Kansas called for 400 c.f.s. and Colorado called for 600 c.f.s. These requests were continued until the reservoir was empty at 12 p.m. on April 12, 1963, at which time the gates were ordered open for river flow and have remained open to date.
Water in storage on April 1st 21,950 Ac. Ft.
H " July 9th None
Respectfully submitted,
/s/ Carl E. Bentrup
Carl E. Bentrup, Chairman. Hacket Smartt, Member.
-6...
Mr. Bell said that unless there were some objections, the report of the Operations Committee would be accepted.
Mr. Bentrup asked to be excused from the rest of the meeting because of other commitments, and noted that a quorum would still be present to carry on the business. Mr. Bell thanked Mr. Bentrup for coming to the meeting.
Mr. Smartt presented the minutes of the telephonic meeting and confirmation letter to the Colorado State Engineer as follows:
SPECIAL TELEPHONIC MEETING April
8,
1963A Special Telephonic meeting was held on April 8th, 1963, as provided in Article IV, Section
3 B
of the By-laws of the Administration, for the purpose of declaring the reservoir empty. As a result of this meeting, the reser-voir was declared to beccme empty on April 12th, 1963. The State Engineer of Colorado was notified that commenc-ing on this date, unless a change of conditions justify, cancellation or modification of this notice, he isrequired, under terms of the compact, to administer the rights
of water users
in Colorado in the manner and for a period of time as set forth in Article V F of the compact. A copy of this notice was also sent to Mr.. F. C. Snyder, Division Engineer at Pueblo.The reservoir was empty 12 p.m., April 12, 1963. Members contacted were:
For Kansas - Mr. Green and Mr. Bentrup. For Colorado - Mr. Smartt and Mr. Jenkins.
,Hacket Smartt, Secretary A.R.C.A.
7
-April
8, 1963
Mr. J. E. Whitten
State Engineer for Colorado State Office Building
Denver 31 Colorado Dear Mr. Whitten:
This will confirm my telephone conversation with your
office on this date through the Colorado Water Conservation Board concerning action taken by the Administration this date declaring that if nothing unforeseen happens to modify or change the situation the John Martin Reservoir will be empty on April 121 19631 and priority administration should commence and decreed rights of water users in rado would be administered by the State Engineer of Colo-rado. Respectfully yours, Hacket Smartt, Secretary A.R.C.A. cc: F. C. Snyder . Pueblo, Colorado
Mr. Bell said that the minutes of the April
8, 1963
telephonic meeting will stand approved, as written, since no objections were heard.Mr. Kuiper read a proposal from the City of Lamar for construction of a dam and reservoir on Clay Creek. The proposal is attached as Appendix B. In the
discussion
which followed, both Mr. Smartt and Mr. Jenkins voiced their opinion that when floods occurred on Clay Creek there are usually floods on most of the other dry creeks in the area. Mr. Kuiper gave his opinion that the proposed reservoir would not diminish the usable flows of the Arkansas river, and suggested that at this time the Administration could onlyapprove
the proposal in principle, reserving final ap-proval for such time as final plans are submitted. Mr. Smrha said any apap-proval should come only after the Engineering Committee has studied the proposal. He therefor moved and Mr. Kuiper seconded that the Administration accept the proposal of the City of Lamar and refer it to the Engineering Committee for study and recommendations. Themotion
passed by vote of the states. When Mr. Russell was asked about the urgency of constructing the project, he replied that Lamar water consumption was now at about4,000,000
gallons per day and he considered the situation to be very urgent. Mr. Kuiper then suggested that the Engineering Committee advise the City of Lamar as soon as pos-sible of the sense of the report to be made to the Administration so that Lamar could proceed with plans. Mr. Smrha agreed that this could be done.Mr. Jenkins brought up the subject of ditches diverting without decreed rights. He related an instance where he knew of a man in La Junta diverting from Smith Canyon who admitted he had no decree on the stream. He said he realized the State Engineer did not have sufficient men to administer the rights, and asked when the Compact Administration was going to look into rights of those making diversions. It was his opinion that the Ad-ministration should hire an engineer to work on checking the decrees and report to the Administration all information on the illegal use of water. Mr. Kuiper said he thought that such action would be beyond the scope of the duties of the Administration and he would not like to considerhiring an engineer until he could have an opinion from the Attorney General. Chairman Bell read Article VI, A, 1 of the Compact, and in the dis-cussion which followed, Mr. Smrha remarked that unless such policing would result in water being stored in John Martin Reservoir, Kansas would not be interested in the problem, and he was sure the Kansas legislature would not provide any money for such policing as is suggested. Mr. Kuiper also said that the Colorado legislature would probably not appropri-ate money to the Administration for this, but that the Stappropri-ate Engineer would stand a much better chance of getting an appropriation. Mr. Snyder was asked how much water was being used illegally and he said the amount was very small and that there are really very few cases of stealing of water.
Mr. Odell was asked to report on the cost of automatic recording gages on the Arkansas and Purgatoire near Las Animas, and read the following report:
Radio Equipment for Arkansas Basin
A rough estimate of the cost of installing radio equipment at the gaging stations on the Arkansas River at Las Animas and Purgatoire River near Las Animas was Obtained from Motorola Communications and Electronics Inc., Dewier, Colorado, on July
5,
1963.The estimate was $13,500. Includes:
Transmitters at Las Animas (2 stations) , Relay station at John Martin Dam
Receiver at Lamar with Printout on tape. Regular broadcast at 1 hour intervals.
If the relay is not needed at the Dam, the cost would be $11,000 to $12,000.
Additional printout at Dam $11600.
Interrogation from Lamar or the Dam $11700.
The Company has a contract with the Air Force for furnishing this type of equipment. The contract may be utilized by other Federal Agencies. They also have a lease-purchase plan under the contract which permits lease of the equipment with option to purchase later.
9
-This would be about $210 per month rental plus about $75 per month maintenance.
If the rent-purchase plan is used, there will be an interest charge of approximately 2.1% per month on the value of the equipment.
J. W. Odell 7/8/63
A lengthy discussion followed during which Eft.. Odell, in answer to a question, estimated the annual operating costs, exclusive of normal operating costs, would probably be about $200 which would be mostly for batteries. Mr. Kuiper said studies have been made of water savings which could have been accomplished by leaving the gate openings in John Martin Reservoir set at 1,000 c.f.s. and possible 850 c.f.s. when the reservoir was dry. He said it appeared that with better control about 5,000 acre feet additional could be stored in most years. He thought the $13,500 cost of these gages would, therefor, be a good investment.
The budget was then taken under consideration, and after lengthy discussion, the following budget was presented by Chairman Bell:
