| OCR Text |
Show 48 INTERSTATE COMPACTS ceptible to irrigation, reclamation or flood protection, from said river and its said tributaries. "article vi "Should any claim or controversy arise between any two or more of the signatory states: (a) with respect to the waters of the Canadian River System not covered by the terms of this compact; (b) over the meaning or performance of any of the terms of this compact; (c) as to the allocation of the burdens incident to the performance of any article of this compact, or the delivery of waters as herein provided; (d) as to the construction or operation of works within the Canadian River Basin to be situated in two or more states, or to be constructed in one state for the benefit of another state; or (e) as to the diversion of water in one state for the benefit of another state, the Commissions of the states affected, upon request of one of them, shall have authority to adjust such claim or controversy. "article vii "Nothing in this compact shall be construed as affecting the obliga- tion of the United States of America to Indian Tribes. "article vm "Present perfected vested rights, if any exist, to the beneficial use of waters of the Canadian River System, within the scope of this agreement are unimpaired by this compact. Whenever storage capacity shall have been provided for the flow of the Canadian River, or any of its tributaries whereon perfected rights exist below such storage, then claims of such rights below such storage capacity, if any there be, by the appropriators or users of water below such storage, if any be, shall attach to such stored water to such extent as the right exists, as may be determined by the laws of the states justly, and m accord- ance with the laws of the state within which said alleged right is situated; and shall be satisfied from water that may be stored not in conflict with Article III hereof, but out of the proportion of the water allocated to the state in which the present right exists; and 'all rights to the beneficial use of the water of the Canadian River System here- after established under the laws of any state shall be satisfied solely from the proportion of the water apportioned to that state in which such rights are claimed and allowed. "article ix "Nothing^ in this compact shall be construed to limit or prevent any state from instituting or maintaining any action or proceeding, legal or equitable, for the protection of any right in any state, or in any of its citizens, arising under this compact, or for the enforcement of any of its provisions, but on the contrary, this compact shall con- stitute an agreement waiving any question of the right by one state to have judicial remedy against (another state, or its citizens, or in- habitants, or any states' citizens, arising hereunder. |
