Nebraska v. Wyoming, 534 U.S. 40, 14 (2001)

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Cite as: 534 U. S. 40 (2001)

Appendix to Decree

the portion of its jurisdiction covered by paragraphs II(a) and II(b). The record keeping and reporting required of the State of Wyoming by this paragraph shall be implemented in accordance with procedures that have been approved and adopted in the Final Settlement Stipulation. The records required by this paragraph shall be available for inspection at all reasonable times; provided, however, that such records shall not be required in reference to the water uses permitted by paragraphs X and XII(f).

X. This Modified Decree shall not affect or restrict the use or diversion of water from the North Platte River and its tributaries in Colorado or Wyoming for ordinary and usual domestic, municipal, and stock watering purposes and consumption.

XI. For the purposes of this Modified Decree: (a) "Season" or "seasonal" refers to the irrigation season, May 1 to September 30, inclusive;

(b) The term "storage water" as applied to releases from reservoirs owned and operated by the United States is defined as any water which is released from reservoirs for use on lands under canals having storage contracts in addition to the water which is discharged through those reservoirs to meet natural flow uses permitted by this Modified Decree;

(c) "Natural flow water" shall be taken as referring to all water in the stream except storage water;

(d) Return flows from the Kendrick Project shall be deemed to be "natural flow water" when they have reached the North Platte River, subject to the same diversion and use as any other natural flow in the stream;

(e) "Hydrologically connected groundwater wells" are defined in procedures attached to the North Platte Decree Committee Charter as Exhibits 4, 6, and 12 approved and adopted in the Final Settlement Stipulation. The North Platte Decree Committee may modify such definition in accordance with the Final Settlement Stipulation.


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