From The Pueblo Chieftain (Chris Woodka):
Formed in 1949, after Kansas and Colorado had ratified the 1948 Arkansas River Compact, the administration has proven to be an unwieldy body when it comes to moving water. No transfer of water ever has been approved from District 67, which covers the Arkansas River and its tributaries downstream from John Martin Reservoir. Both states are committed to abide by the compact under an act of Congress, and violations are serious. A U.S. Supreme Court case filed in 1985 was the latest round in a fight that has gone on for more than a century. While the massive water district touches corners of Elbert and El Paso counties, taking water to populated urban areas would require moving water outside District 67.
The compact has “bright red letter” language that prohibits that, said Steve Witte, Division 2 engineer for the State Division of Water Resources and ARCA operations secretary. The movement of water is covered in Article V, Section H of the compact, which prohibits transferring water into other districts or upstream of John Martin Dam unless it can be proved there are no adverse effects. “It’s pretty clear you can’t change water rights in Colorado to other districts unless you can prove there are no depletions,” Witte said…
Because the commission meets only once a year and it takes the agreement of both states to pass any resolution, change in the compact is glacially slow. Kansas can stop a discussion just by not addressing the issue. In recent years, the states have started talking again, but they proceed carefully. Under procedures developed during the court case, most matters are referred to an engineering committee, and it takes action by one of the state representatives to even get the administration to hear requests…
GP Water officials have portrayed the proposed pipeline project as one which moves only the consumptive use of the water, by drying up 4,000 acres of farm ground. No change would be made in the point of diversion and returned flows would be timed to meet historic conditions.
Colin Thompson, who represents District 67 on ARCA, said he is concerned about any plans to move water along the river — including the Arkansas Valley Super Ditch — because of the potential to diminish return flows and degrade water quality…
[Matt Heimerich, who represents upstream water users on ARCA] said the compact was adopted 63 years ago, and did not anticipate that large blocks of water could be moved from agricultural to urban use. He too sees problems with how [Lower Arkansas Water Management Association] shares figure into the GP plan…
Heimerich still farms on land in Crowley County that was left behind after much of the farm water was sold to Colorado Springs and Aurora. He can relate to concerns raised by other farmers in the Granada-Lamar area about the depletion of so much water on one canal. “It is really important to keep the people who are left whole,” Heimerich said.
More Lamar Pipeline coverage here.