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Show BELLE FOURCHE RIVER COMPACT 39 "(2) 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 Belle Fourche River and all its tributaries shall recognize, to the extent consistent with the best utilization of the waters for multiple purposes, that beneficial use of the waters within the Basin is of paramount impor- tance to the development of the Basin; and no exercise of such power or right thereby that would interfere with the full beneficial use of the waters within the Basin shall be made except upon a determination, giving due consideration to the objectives of such compact and after consultation with all interested Federal agencies and the State officials charged with the administration of such compact, that such exercise is in the interest of the best utilization of such waters for multiple purposes; "(3) The United States, or those acting by or under its authority, will recognize any established use, for domestic and irrigation pur- poses, of the apportioned water which may be impaired by the exer- cise of Federal jurisdiction in, over, and to such water: Provided, That such use is being exercised beneficially, is valid under the laws of the appropriate State and in conformity with such 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. " (b) As used in this section, the following terms: 'beneficial use,' 'Basin,' and 'apportioned water,' shall have the same meanings as those ascribed to them in the compact consented to by this Act." For legislative history, see H.E. 2580 and S. 1057, 78th Congress; House Report 788 (Committee on Irrigation and Reclamation) and Senate Report 683 (Committee on Irrigation and Reclamation), 78th Congress; 89 Gong.Bee. 9533-9535 (1943), 90 Cong. Bee. 1660 (1944); P.L. 236, 78th Congress. Hearings on H.R. 2580 were printed; for report of Federal representative see pp. 12-15. After approving the bill, the President issued the following state- nent dated February 28, 1944: "In signing the Belle Fourche River Basin Compact bill, I find it necessary to call attention, as I did last May in the case of the Repub- lican River Compact bill, to the restrictions imposed upon the use of water by the United States. The procedure prescribed by the bill for the exercise of the powers of the Federal Government would not be entirely satisfactory in all circumstances but the prospects in fact for the exercise of such powers in the Belle Fourche basin are not great. For streams where conditions are otherwise and there appears to be a possible need for Federal comprehensive multiple-purpose develop- ment or where opportunities for important electric power projects are present, I believe the Belle Fourche River Compact should not serve as a precedent. In such cases the compact and the legislation should more adequately reflect a recognition of the responsibilities and prerogatives of the Federal Government." |