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Show BELLE FOURCHE RIVER COMPACT 35 B. Rights to the use of the waters of the Belle Fourche River, whether based on direct diversion or storage, are hereby recognized as of the date of this compact to the extent these rights are valid under the law of the State in which the use is made, and shall remain unimpaired hereby. These rights, together with the additional allo- cations made under A of this Article, are agreed to be an equitable apportionment between the States of the waters of the Basin. C. The waters allocated under A of this Article and the rights recognized under B of this Article are hereinafter referred to collec- tively as the apportioned water. For the purposes of the adminis- tration of this compact and determining the apportioned water at any given date within a given calendar year, tnere shall be taken the sum of: (1) The quantity of water in acre-feet that passed the Wyoming- South Dakota State line during the period from January 1 of that year to that given date. (2) The quantity of water in acre-feet in storage on that date in all reservoirs built in Wyoming on the Belle Fourche River subsequent to the date of this compact. ARTICLE VI Any person, entity, or state shall have the right to acquire necessary property rights in another 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 V and Article VII A; 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 thereon during the 10 years preceding the use of such lands in reimbursement for the loss of taxes to said political sub- division of the State. ARTICLE VII A. Either State shall have the right, by compliance with the laws of the other State, to file applications for and receive permits to construct or participate in the construction and use of any dam, storage reservoir, or diversion works in such State for the purpose of con- serving and regulating the apportioned water of the other State; provided, that such right is subject to the rights of the other State to control, regulate, and use water apportioned to it. B. Each claim hereafter initiated for storage or diversion of water in one State for use in another State shall be filed in the Office of the State Engineer of the State in which the water is to be stored or diverted, and a duplicate copy of the application including a map showing the character and location of the proposed facilities and the lands to be irrigated shall be filed in the Office of the State Engineer of the State in which the water is to be used. If a portion or all the lands proposed to be reclaimed are located in a State other than the one in which the water is to be stored or diverted, then, before approval |
