OCR Text |
Show YELLOWSTONE RIVER COMPACT 367 such use incident to tJhe diversion, impounding, or conveyance of water in one State for use in another shall be charged to such latter State. ARTICLE VIII A lower signatory State shall have the right to acquire in an upper State by purchase, or through exercise of the power of eminent domain, such lands, easements, and rights-of-way for the construction, opera- tion, and maintenance of pumping plants, storage reservoirs, canals, conduits, and appurtenant works as may be required for the enjoy- ment of the privileges granted herein to such lower State. This pro- vision shall apply with equal force and effect to an upper State in the circumstance of the necessity of the acquisition of rights by an upper State in a lower State. ARTICLE IX Should any facilities be constructed by a lower signatory State in an upper signatory State under the provisions of Article VII, the construction, operation, repairs, and replacements of such facilities shall be subject to the laws of the upper State. This provision shall apply with equal force and effect to an upper State m the circum- stance of the necessity of the acquisition of rights by an upper State in a lower State. article x No water shall be diverted from the Yellowstone River Basin with- out the unanimous consent of all the signatory States. In the event water from another river basin shall be imported into the Yellowstone River Basin or transferred from one tributary basin to another by the United States of America, Montana, North Dakota, or Wyoming, or any of them jointly, the State having the right to the use of such water shall be given proper credit therefor in determining its share of the water apportioned in accordance with Article V herein. ARTICLE XI The provisions of this Compact shall remain in full force and effect until amended in the same manner as it is required to be ratified to become operative as provided in Article XV. ARTICLE XII This Compact may be terminated at any time by unanimous consent of the signatory States, and upon such termination all rights then established hereunder shall continue unimpaired. ARTICLE XIII Nothing in this Compact shall be construed to limit or prevent any State from instituting or maintaining any action or proceeding, legal or equitable, in any Federal Court or the United States Supreme Court, for the protection of any right under this Compact or the enforcement of any of its provisions. |