OCR Text |
Show YELLOWSTONE RIVER COMPACT 375 unappropriated flows occurring during the period October 1st to April 30th, inclusive, shall be subject to future appropriation for beneficial use within the Yellowstone river basin in Montana, North Dakota and Wyoming in accordance with the laws of said respective states. "2. Big Horn River (Exclusive of Little Horn River) : "Each day during the period May 1st to September 30th, inclusive, of each year, after due consideration being given to all Indian-treaty- water rights of the lands in Wyoming and Montana served directly from the main stem of the Big Horn river, the first 15,000 acre-feet of mean divertible daily flow of the Big Horn river, determined at or near the Big Horn river bridge on U.S. highway 87 near Hardin, Montana, shall be divided ninety (90) per cent to Wyoming and ten (10) per cent to Montana; and the next 15,000 acre-feet of mean di- vertible daily flow shall be divided ninety-three (93) per cent to Wyo- ming and seven (7) per cent to Montana; provided, however, that either state may temporarily divert, consume, or store for its bene- ficial use any unused part of the above flows allotted to the other, but no continuing right to such unused flows shall be established there- by. Subject to Indian-treaty-water rights, the unappropriated di- vertible daily flows in excess of 30,000 acre-feet occurring during the period May 1st to September 30th, inclusive, of each year, and all presently unappropriated flows occurring during the period Octo- ber 1st to April 30th, inclusive, shall be subject to future appropria- tion for beneficial use within the Yellowstone river basin in Montana, Wyoming and North Dakota in accordance with the laws of said re- spective states. "3. Tongue River: "Each day during the period May 1st to September 30th, inclusive, of each year, the first 2,200 acre-feet of mean divertible daily flow of the Tongue river, determined at the lowest point of diversion on this stream, shall be divided seventy-two (72) per cent to Wyoming and twenty-eight (28) per cent to Montana; and the next 1,200 acre- feet of mean divertible daily flow shall be divided forty-three (43) per cent to Wyoming and fifty-seven (57) per cent to Montana: Pro- vided, that either state may temporarily divert, consume, or store for its beneficial use any unused part of the above flows allotted to the other, but no continuing right to such unused flows shall be estab- lished thereby. Unappropriated divertible daily flows in excess of 3,400 acre-feet occurring during the period May 1st to September 30th, inclusive, and all presently unappropriated flows occurring during the period October 1st to April 30th, inclusive, of each year, shall be subject to future appropriation for beneficial use within the Yellow- stone river basin in Wyoming, Montana, and North Dakota in ac- cordance with the laws of said respective states. "The provisions herein, and each of them, and in particular the allotments and each of them, shall be subject to the following conditions : "(a) For the purpose of determining the engineering feasibility, particularly as to water supply, of any project or program of the United States for the further conservation and utilization of the wa- ters of the Tongue river, particularly the storage of waters in the State of Wyoming for beneficial use in that state, the allotments here- |