OCR Text |
Show YELLOWSTONE RIVER COMPACT 377 full beneficial use of the waters of said stream, is hereby allotted to the state of North Dakota. "B. From time to time following the consummation of this compact, the commission shall re-examine the allocations made under part 'A' of this article and shall, after reaching unanimous agreement, make such modifications in these allotments as are fair, just, and equitable, giving consideration among other factors to: (a) priorities of water rights; (b) acreage irrigated; (c) acreage irrigable under existing works; and (d) potentially irrigable lands. "Provided, that if the commission should fail to reach unanimous agreement as to the modification of any allotment provided for in this article, then, as to the stream affected, the allotment then existing shall continue in full force and effect until unanimous agreement thereon be reached; and "Provided further, that changes and amendments that are substan- tive and are not modifications of allotments as herein provided shall be subject to Article XI. "C. The allocations made herein shall be exclusive of the use of the waters for domestic and stock use, and each signatory state shall be allowed unrestricted use for these purposes, except that no reservoir for such use shall exceed 20 acre-feet in capacity. "D. It is recognized that variable climatic conditions, stream flow regulation, the administration of the interstate tributaries in Wyo- ming and Montana, and other causes will produce diurnal and other unavoidable variations and fluctuations in the stream flows at the interstate measuring stations, and it is agreed that in the perform- ance of provisions of part 'A', of this article and subsequent modi- fications thereof, minor compensating irregularities and fluctuations in the flow shall be permitted; but where any deficiency of the mean daily flow at an interstate measuring station may be occasioned by neglect, error, or failure in the performance of the duty of the upstream-state water officials having charge of the administration of the diversions from the stream, each such deficiency shall be made up within the next succeeding period of 72 hours by delivery of addi- tional flow at the interstate measuring station over and above the amount allotted, sufficient to compensate for such deficiency. Not- withstanding the allocations of this compact, the commission, in its administration, shall direct the regulation of the streams within each of the signatory states to avoid unreasonable carriage losses." (5) Article VI of the 1944 Compact read as follows: "Present vested rights within each state and between states relating to the beneficial use of the waters of the Yellowstone river system are recognized by this compact and shall be administered by the proper officials of the respective states. All rights to the beneficial use of the waters of the Yellowstone river system, heretofore and hereafter established under the laws of any signatory state, shall be satisfied solely from the portion of the water allotted to that state as provided in Article V. All Indian treaty rights pertaining to the waters of the Yellowstone river basin are unaffected by this compact and are excluded therefrom." 94-497-69------25 |