| OCR Text |
Show 306 INTERSTATE COMPACTS or regulating water in one State for use in the other State, when such use is within the allocation to such State made by this compact. B. Either State shall have the right to acquire such property rights as are necessary to the use of water in conformity with this compact in the other State by donation, purchase or through the exercise of the power of eminent domain. Either State, upon the written request of the Governor of the other State, for the benefit of whose water users property is to be acquired in the State to which such written request is made, shall proceed expeditiously to acquire the desired property either by purchase at a price satisfactory to the requesting State, or if such purchase cannot be made, then through the exercise of its power of eminent domain and shall convey such property to the requesting State or such entity as may be designated by the requesting State; provided, that all costs of acquisition and expenses of every kind and nature whatsoever incurred in obtaining the requested prop- erty shall be paid by the requesting State at the time and in the manner prescribed by the State requested to acquire the property. C. Should any facility be constructed in either State by and for the benefit of the other State, as above provided, the construction, repair, replacement, maintenance and operation of such facility shall be subject to the laws of the State in which the facility is located, except that, in the case of a reservoir constructed in either State for the benefit of the other State, the proper officials of the State in which the facility is located shall permit the storage and release of any water to which the other State is entitled under this compact. D. Either State having property rights in the other State acquired as provided in B of this Article VIII shall pay to the political sub- divisions of the State in which such property rights are located, each and every year during which such rights are held, a sum of money equivalent to the average annual amount of taxes assessed against those rights during the ten years preceding the acquisition of such rights in reimbursement for the loss of taxes to said political sub- division of the State, except that this provision shall not be applicable to interests in property rights the legal title to which is in the United States. Payments so made to a political subdivision shall be in lieu of any and all taxes by that subdivision on the property rights for which the payments are made. ARTICLE IX The provisions of this compact shall not apply to or interfere with the right or power of either State to regulate within its boundaries the appropriation, use and control of waters allocated to such State by this compact. article x The failure of either State to use the waters, or any part thereof, the use of which is allocated to it under the terms of this compact, shall not constitute a relinquishment of the right to such use to the other State, nor shall it constitute a forfeiture or abandonment of the right to such use. |
