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Show 194 INTERSTATE COMPACTS Upper Klamath Eiver Basin; nor to affect the rights and obligations of the United States under any migratory bird treaty or the Migra- tory Bird Conservation Act (45 Stat. 1222), as amended, to the effective date of this compact. ARTICLE XII. GENERAL PROVISIONS A. Each state and all persons using, claiming or in any manner asserting any right to the use of the waters of the Klamath River Basin under the authority of either state shall be subject to the terms of this compact. B. Nothing in this compact shall be construed to limit or prevent either state from instituting or maintaining any action or proceeding, legal or equitable, in any court of competent jurisdiction for the pro- tection of any right under this compact or the enforcement of any of its provisions. C. Should a court of competent jurisdiction hold any part of this compact to be contrary to the Constitution of either state or the United States, all other provisions shall continue in full force and effect, unless it is authoritatively and finally determined judicially that the remaining provisions cannot operate for the purposes, or substantially in the manner, intended by the states independently of the portions declared unconstitutional or invalid. D. Except as to matters requiring the exercise of discretion by the commission, the provisions of this compact shall be self-executing and shall by operation of law be conditions of the various state permits, licenses or other authorizations relating to the waters of the Klamath River Basin issued after the effective date of this compact. E. The physical and other conditions peculiar to the Klamath River Basin constitute the basis for this compact, and neither of the states hereby, nor the Congress of the United States by its consent, considers that this compact establishes any general principle or precedent with respect to any other interstate stream. ARTICLE XIII. RATIFICATION A. This compact shall become effective when ratified by the legisla- ture of each signatory state, and when consented to by an act of Con- gress of the United States which will, in substance, meet the provisions hereinafter set forth in this article. B. The act of Congress referred to in subdivision A of this article shall provide that the United States or any agency thereof, and any entity acting under any license or other authority granted under the laws of the United States (referred to in this article as "the United States"), in connection with developments undertaken after the effec- tive date of this compact pursuant to laws of the United States, shall comply with the following requirements: 1. The United States shall recognize and be bound by the provisions of subdivision A of Article III. 2. The United States shall not, without payment of just compen- sation, impair any rights to the use of water for use (a) or (b) within the Upper Klamath River Basin by the exercise of any powers or rights to use or control water (i) for any purpose whatsoever outside |
