OCR Text |
Show 268 INTERSTATE COMPACTS "article n "The term 'Virgin Water Supply', as herein used, is defined to be the water supply within the Basm undepleted by the activities of man. "The term 'Beneficial Consumptive Use' is herein defined to be that use by which the natural water supply of a drainage basin is con- sumed by the activities of man, and shall include water consumed by evaporation from reservoirs, canals, ditches and irrigated areas. "Beneficial consumptive use shall be the basis and measure of the right to divert and use the natural waters of the Basin, by the citizens, agencies, associations and corporations of the signatory states, and upon this principle the following allocations of water herein made are predicated." [Article III, IV, and V of this compact were virtually identical with Articles IV, III, and V, respectively, of the 1942 compact set out above, except that Article III of this compact included a last sen- tence not appearing in the 1942 compact-viz., "No state shall have the right to dictate the method of distribution or place of use of the waters herein allocated to another state."] 'ARTICLE VI "A lower signatory state, its citizens, agencies, associations and cor- porations shall have the right to construct or participate in the future construction and use of any storage reservoir or diversion works in an upper state for the purpose of regulating water herein allocated to such lower state, provided that such right is subject to the rights of the upper state, its citizens, agencies, associations and corporations, to control, regulate and use the waters herein allocated to it. "article vn "A lower signatory state, its citizens, agencies, associations and corporations, shall have the right to acquire in an upper state by pur- chase, or through exercise of the power of eminent domain, such easements and rights of way, for the construction, operation and main- tenance of storage reservoirs, and of appurtenant works, canals and conduits, required for the enjoyment of the privileges granted by Article VI; provided, however, the grantees of such rights shall pay to the governmental agencies in which such works are located, each and every year during which such rights of way are occupied for such purposes, a sum of money equivalent to the average annual amount of taxes assessed against the lands and improvements so occupied, based upon the ten years preceding the use of such lands, in reimburse- ment for the loss of taxes to said governmental agencies." [Article VIII of this compact was identical with Article VIII of the 1942 compact set out above. Article IX of this compact was iden- tical with the first sentence of Article IX of the 1942 compact, the remainder of which was omitted.] |