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Show KLAMATH RIVER BASIN COMPACT 195 the Klamath River Basin by diversions in California or (ii) for any purpose whatsoever within the Klamath River Basin other than use (a) or (b). But the exercise of powers and rights by the United States shall be limited under this paragraph 2 only as against rights to the use of water for use (a) or (b) within the Upper Klamath River Basin which are acquired as provided in subdivision B of Article III after the effective date of this compact, but only to the extent that annual depletions in the flow of the Klamath River at Keno resulting from the exercise of such rights to use water for uses (a) and (b) do not exceed 340,000 acre-feet in any one calendar year. 3. The United States shall be subject to the limitation on diversions of waters from the basin of Jenny Creek as provided in subdivision A of Article VIII. 4. The United States shall be governed by all the limitations and provisions of paragraph 2 and subparagraph (a) of paragraph 3 of subdivision B of Article III. 5. The United States, with respect to any irrigation or reclama- tion development undertaken by the United States in the Upper Klamath River Basin in California, shall provide that substantially all of the return flows and waste water finally resulting from such diversions and use appearing as surface waters in the Upper Klamath River Basin shall be made to drain so as to be eventually returned to the Klamath River upstream from Keno, unless the Secretary of the Interior shall determine that compliance with this requirement would render it less feasible than under an alternate plan of develop- ment, in which event such return flows and waste waters shall be re- turned to the Klamiath River at a point above Copco Lake. C. Upon enactment of the act of Congress referred to in subdi- vision A of this article and so long as such act shall be in effect, the United States, when exercising rights to use water pursuant to state law, shall be entitled to all of the same privileges and benefits of this compact as any person exercising similar rights. D. Such act of Congress shall not be construed as relieving the United States of any requirement of compliance with state law which may be provided by other federal statutes. ARTICLE XIV. TERMINATION This compact may be terminated at any time by legislative con- sent of both states, but despite such termination, all rights then estab- lished hereunder or recognized hereby shall continue to be recognized as valid by the states. NOTES Congressional consent to negotiations.-By the Act of August 9, 1955 (69 Stat. 613), the Congress gave its consent to the negotiation of a compact between California and Oregon "providing for an equitable apportionment between the said States of the waters of the Klamath River and its tributaries, including Lost River which is not naturally tributary to the Klamath River but which is an interstate stream within the Klamath Basin which has become tributary to Klamath River by virtue of a diversion canal constructed by the Bu- reau of Reclamation, ... and for matters incidental thereto . . ." The |