OCR Text |
Show 378 INTERSTATE COMPACTS (6) In the 1944 Compact, paragraph A of Article VII omitted the phrase "except as to legislative consent" found in the 1950 Com- pact. Paragraph B of the same Article read as follows: "Each claim hereafter initiated for an appropriation of water in one signatory state for use in another signatory state shall be filed in the office of the state engineer of the signatory state in which the water is to be diverted, and a duplicate cop;y of the application includ- ing a map showing the character and location of the proposed facili- ties and the lands to be irrigated shall be filed in the office of the state engineer of the signatory state in which the water is to be used. If a portion or all the lands proposed to be reclaimed are located in a state other than the one in which the water is to be diverted, then, before approval of the application shall be granted, said application shall be checked against the records of the appropriate office of the state in which the water is to be used, and a notation shall be placed thereon by the officer in charge of such records to the effect that the land description does not indicate a conflict with existing water rights. All endorsements shall be placed on both the original and duplicate copies of all such maps filed, to the end that the records in both states may be complete and identical." Article Vll of the 1944 Compact did not contain a paragraph D as does the 1950 Compact. (7) Article VIII did not contain the word "lands" in the expres- sion "lands, easements, and rights-of-way" which appears in the 1950 Compact. (8) Article X of the 1944 Compact omitted the first sentence that appears in Article X of the 1950 Compact. The second sentence of the Article used the expression "divertible flows apportioned in ac- cordance with Article V herein" instead of "water apportioned in accordance with Article V herein." (9) Article XII of the 1944 Compact read as follows: "No action taken by the compact commission shall be valid except by the unanimous consent of the commissioners representing the sig- natory states." (10) Article XV of the 1944 Compact read as follows: "Nothing in this compact shall be construed as affecting any rights to the use of the waters of the Big Horn or Wind river and the Little Horn river and their tributaries, existing by virtue of Indian treaties." (11) Article XVII of the 1944 Compact read as follows: "This compact shall become operative when approved by the legis- lature of each of the signatory states and consented to and approved by the Congress of the United States." (12) Clause (a) of Article XVIII of the 1944 compact varied from clause (a) of Article XVI of the 1950 compact in that it read thus: "To impair or affect any rights or powers of the United States, its agencies, or instrumentalitieSj in and to the use of the waters of the Yellowstone river basin nor its capacity to acquire rights in and to the use of said waters"; (13) Article XVIII of the 1950 Compact did not appear in the 1944 Compact. |