| OCR Text |
Show 376 INTERSTATE COMPACTS inabove made, and each of them, may 'be assumed as the measure of an equitable apportionment of the waters of the Tongue river between the states of Wyoming and Montana to satisfy, as of the date of this compact, those established rights for beneficial consumptive uses which are exercised beneficially and which are valid under the laws of the states of Wyoming or Montana, as the case may be. " (b) Such provisions and allotments shall become operative either ten (10) years from and after the date that this compact is ratified by the congress; or on June 15 of the year in which water is available for release through any adequate distributary system, other than the stream bed, from the Tongue river reservoir of the Montana water conservation board for beneficial uses in Montana, the amount of water so released, however, shall be equal to at least one-half of the working capacity of such reservoir; or on June 15 of the year in which water is available for release through any adequate distributary system, other than the stream bed, if such be necessary, from any storage reservoir constructed in Wyoming to conserve for beneficial uses in Wyoming the waters of the Tongue river, the amount of water re- leased, however, shall be equal to at least one-half of the working capacity of such reservoir; or whichever of said dates is the earlier. "4. Powder River (Exclusive of Little Powder River): "Each day during the period May 1st to September 30th, inclusive, of each year, the first 2,000 acre-feet of mean divertible daily flow of the Powder river, determined at the Wyoming-Montana state line, shall be divided ninety-six and one-half (96y2) per cent to Wyoming and three and one-half (3%) per cent to Montana: Provided, that when in the judgment of the compact commission the carriage loss in and through the stream bed depletes the divertible flow to such an extent that an unreasonable waste of water would result if Wyoming were regulated to produce such percentage to Montana, then such regu- lation shall be enforced only to the extent directed by the commission. The next 2,600 acre-feet of mean divertible daily flow shall be di- vided sixty (60) per cent to Wyoming, and forty (40) per cent to Montana; however, either state may temporarily divert, consume, or store for 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 4,600 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 sub- ject to future appropriation for beneficial use within the Yellowstone river basin in Montana, Wyoming, and North Dakota in accordance with the laws of said respective states. "5. Yellowstone River-Main Stem (Near Montana-North Dakota State Line) : "During the period May 1st to September 30th, inclusive, of each year, lands within the Yellowstone river basin in Montana and in North Dakota below Intake, Montana, shall be entitled to the beneficial use of the available residual flow of the waters of the Yellowstone river below Intake, Montana, on a pro rata basis of acreage irrigated. "All residual flows of the Yellowstone river below Sidney, Montana, after the States of Montana and Wyoming have made, or may make, |
