OCR Text |
Show COMPACT 51 adopting state, or of the United States, shall be received in evidence in all courts of adopting states, and of the United States. "Executed this Thirty-first day of December, A.D., One Thousand and Nine Hundred and Twenty-six. "H. B. Jones "E. J. Freeland "James L. Briscoe "Commissioners for New Mexico "A. S. Stinnett "Commissioner for Texas "E. E. Blake "T. C. Harrill "George Kenneck "Commissioners for Oklahoma" New Mexico, as has been noted above, attached a number of con- ditions to its ratification of this compact. The principal ones were these: (1) That there be added to Article III, paragraph (a), a proviso reading thus: "Provided, that said allocation of waters shall be made only by the unanimous action of the members of the joint commission, and that such allocation shall provide for the use of sufficient of said waters for the proper irrigation of not less than one hundred thousand acres of land within the State of New Mexico susceptible of irrigation below said impounding reservoirs; Provided, that not to exceed twenty-five thousand acre feet of water may first be allotted to the State of Texas for the use of municipalities therein." (2) That there be substituted for the word "hereby" in the expres- sion "allocated to any state hereby" which appears in Article III, paragraph (b), the words "or district as provided in paragraph (a) of this Article." (3) That the third sentence of Article III, paragraph (c), be changed to read thus: "That the constructed works for the beneficial use of the waters in the Signatory States (and the districts therein) shall be designed, and constructed to carry water to the lower states and districts wher- ever practical if requested by such lower states and districts and shall be and may be used by said lower states and districts therefor to such extent within the quantities of water allocated to the respec- tive states and districts as provided in paragraph (a) of this Article and within their capacity as may be practicable; the extra cost of said construction over local necessities, if any, to be determined and fixed by the Commission in charge and such extra costs shall be assumed by such lower states and districts respectively; and each Signatory State shall provide right of way within its boundaries and exercise the power of eminent domain for the acquisition of such right of way necessary to carry waters from reservoirs or canals within its bound- aries to the border of the lower state or states requesting such exer- cise, the cost of acquiring such right of way to be paid by the state or district requesting the same." (4) That a proviso be added to Article III, paragraph (d), reading thus: |