73-16-2 - Text of compact.
73-16-2. Text of compact.
The text of the Bear River Compact is as follows:
The State of Idaho, the State of Utah and the State of Wyoming, acting through theirrespective Commissioners after negotiations participated in by a representative of the UnitedStates of America appointed by the President, have agreed to an Amended Bear River Compactas follows:
A. The major purposes of this Compact are to remove the causes of present and futurecontroversy over the distribution and use of the waters of the Bear River; to provide for efficientuse of water for multiple purposes; to permit additional development of the water resources ofBear River; to promote interstate comity; and to accomplish an equitable apportionment of thewaters of the Bear River among the compacting States.
B. The physical and all other conditions peculiar to the Bear River constitute the basis forthis Compact. No general principle or precedent with respect to any other interstate stream isintended to be established.
As used in this Compact the term
1. "Bear River" means the Bear River and its tributaries from its source in the UintaMountains to its mouth in Great Salt Lake;
2. "Bear Lake" means Bear Lake and Mud Lake;
3. "Upper Division" means the portion of Bear River from its source in the UintaMountains to and including Pixley Dam, a diversion dam in the Southeast Quarter of Section 25,Township 23 North, Range 120 West, Sixth Principal Meridian, Wyoming;
4. "Central Division" means the portion of Bear River from Pixley Dam to and includingStewart Dam, a diversion dam in Section 34, Township 13 South, Range 44 East, Boise Base andMeridian, Idaho;
5. "Lower Division" means the portion of the Bear River between Stewart Dam andGreat Salt Lake, including Bear Lake and its tributary drainage;
6. "Upper Utah Section Diversions" means the sum of all diversions in second-feet fromthe Bear River and the tributaries of the Bear River joining the Bear River upstream from thepoint where the Bear River crosses the Utah-Wyoming State line above Evanston, Wyoming;excluding the diversions by the Hilliard East Fork Canal, Lannon Canal, Lone Mountain Ditch,and Hilliard West Side Canal;
7. "Upper Wyoming Section Diversions" means the sum of all diversions in second-feetfrom the Bear River main stem from the point where the Bear River crosses the Utah-WyomingState line above Evanston, Wyoming, to the point where the Bear River crosses theWyoming-Utah State line east of Woodruff, Utah, and including the diversions by the HilliardEast Fork Canal, Lannon Canal, Lone Mountain Ditch, and Hilliard West Side Canal;
8. "Lower Utah Section Diversions" means the sum of all diversions in second-feet fromthe Bear River main stem from the point where the Bear River crosses the Wyoming-Utah Stateline east of Woodruff, Utah, to the point where the Bear River crosses the Utah-Wyoming Stateline northeast of Randolph, Utah;
9. "Lower Wyoming Section Diversions" means the sum of all diversions in second-feetfrom the Bear River main stem from the point where the Bear River crosses the Utah-Wyoming
State line northeast of Randolph to and including the diversion at Pixley Dam;
10. "Commission" means the Bear River Commission, organized pursuant to Article IIIof this Compact;
11. "Water user" means a person, corporation, or other entity having a right to divertwater from the Bear River for beneficial use;
12. "Second-foot" means a flow of one cubic foot of water per second of time passing agiven point;
13. "Acre-foot" means the quantity of water required to cover one acre to a depth of onefoot, equivalent to 43,560 cubic feet;
14. "Biennium" means the 2-year period commencing on October 1 of the firstodd-numbered year after the effective date of this Compact and each 2-year period thereafter;
15. "Water year" means the period beginning October 1 and ending September 30 of thefollowing year;
16. "Direct flow" means all water flowing in a natural watercourse except water releasedfrom storage or imported from a source other than the Bear River watershed;
17. "Border Gaging Station" means the stream flow gaging station in Idaho on the BearRiver above Thomas Fork near the Wyoming-Idaho boundary line in the Northeast Quarter of theNortheast Quarter of Section 15, Township 14 South, Range 46 East, Boise Base and Meridian,Idaho;
18. "Smiths Fork" means a Bear River tributary which rises in Lincoln County,Wyoming, and flows in a general southwesterly direction to its confluence with Bear River nearCokeville, Wyoming;
19. "Grade Creek" means a Smiths Fork tributary which rises in Lincoln County,Wyoming, and flows in a westerly direction and in its natural channel is tributary to Smiths Forkin Section 17, Township 25 North, Range 118 West, Sixth Principal Meridian, Wyoming;
20. "Pine Creek" means a Smiths Fork tributary which rises in Lincoln County,Wyoming, emerging from its mountain canyon in Section 34, Township 25 North, Range 118West, Sixth Principal Meridian, Wyoming, and its natural channel is tributary to Smiths Fork inSection 36, Township 25 North, Range 119 West, Sixth Principal Meridian, Wyoming;
21. "Bruner Creek" and "Pine Creek Springs" means Smiths Fork tributaries which risein Lincoln County, Wyoming, in Sections 31 and 32, Township 25 North, Range 118 West, SixthPrincipal Meridian, and in their natural channels are tributary to Smiths Fork in Section 36,Township 25 North, Range 119 West, Sixth Principal Meridian, Wyoming;
22. "Spring Creek" means a Smiths Fork tributary which rises in Lincoln County,Wyoming, in Sections 1 and 2, Township 24 North, Range 119 West, Sixth Principal Meridian,Wyoming, and flows in a general westerly direction to its confluence with Smiths Fork in Section4, Township 24 North, Range 119 West, Sixth Principal Meridian, Wyoming;
23. "Sublette Creek" means the Bear River tributary which rises in Lincoln County,Wyoming, and flows in a general westerly direction to its confluence with Bear River in Section20, Township 24 North, Range 119 West, Sixth Principal Meridian, Wyoming;
24. "Hobble Creek" means the Smiths Fork tributary which rises in Lincoln County,Wyoming, and flows in a general southwesterly direction to its confluence with Smiths Fork inSection 35, Township 28 North, Range 118 West, Sixth Principal Meridian, Wyoming;
25. "Hilliard East Fork Canal" means that irrigation canal which diverts water from theright bank of the East Fork of Bear River in Summit County, Utah, at a point West 1,310 feet and
North 330 feet from the Southeast corner of Section 16, Township 2 North, Range 10 East, SaltLake Base and Meridian, Utah, and runs in a northerly direction crossing the Utah-WyomingState line into the Southwest Quarter of Section 21, Township 12 North, Range 119 West, SixthPrincipal Meridian, Wyoming;
26. "Lannon Canal" means that irrigation canal which diverts water from the right bankof the Bear River in Summit County, Utah, East 1,480 feet from the West Quarter corner ofSection 19, Township 3 North, Range 10 East, Salt Lake Base and Meridian, Utah, and runs in anortherly direction crossing the Utah-Wyoming State line into the South Half of Section 20,Township 12 North, Range 119 West, Sixth Principal Meridian, Wyoming;
27. "Lone Mountain Ditch" means that irrigation canal which diverts water from the rightbank of the Bear River in Summit County, Utah, North 1,535 feet and East 1,120 feet from theWest Quarter corner of Section 19, Township 3 North, Range 10 East, Salt Lake Base andMeridian, Utah, and runs in a northerly direction crossing the Utah-Wyoming State line into theSouth Half of Section 20, Township 12 North, Range 119 West, Sixth Principal Meridian,Wyoming;
28. "Hilliard West Side Canal" means that irrigation canal which diverts water from theright bank of the Bear River in Summit County, Utah, at a point North 2,190 feet and East 1,450feet from the South Quarter corner of Section 13, Township 3 North, Range 9 East, Salt LakeBase and Meridian, Utah, and runs in a northerly direction crossing the Utah Wyoming State lineinto the South Half of Section 20, Township 12 North, Range 119 West, Sixth PrincipalMeridian, Wyoming;
29. "Francis Lee Canal" means that irrigation canal which diverts water from the leftbank of the Bear River in Uinta County, Wyoming, in the Northeast Quarter of Section 30,Township 18 North, Range 120 West, Sixth Principal Meridian, Wyoming, and runs in awesterly direction across the Wyoming-Utah State line into Section 16, Township 9 North,Range 8 East, Salt Lake Base and Meridian, Utah;
30. "Chapman Canal" means that irrigation canal which diverts water from the left bankof the Bear River in Uinta County, Wyoming, in the Northeast Quarter of Section 36, Township16 North, Range 121 West, Sixth Principal Meridian, Wyoming, and runs in a northerly directioncrossing over the low divide into the Saleratus drainage basin near the Southeast corner ofSection 36, Township 17 North, Range 121 West, Sixth Principal Meridian, Wyoming, and thenin a general westerly direction crossing the Wyoming-Utah State line;
31. "Neponset Reservoir" means that reservoir located principally in Sections 34 and 35,Township 8 North, Range 7 East, Salt Lake Base and Meridian, Utah, having a capacity of 6,900acre-feet.
A. There is hereby created an interstate administrative agency to be known as the "BearRiver Commission" which is hereby constituted a legal entity and in such name shall exercise thepowers hereinafter specified. The Commission shall be composed of nine Commissioners, threeCommissioners representing each signatory State, and if appointed by the President, oneadditional Commissioner representing the United States of America who shall serve as chairman,without vote. Each Commissioner, except the chairman, shall have one vote. The StateCommissioners shall be selected in accordance with State law. Six Commissioners who shallinclude two Commissioners from each State shall constitute a quorum. The vote of at leasttwo-thirds of the Commissioners when a quorum is present shall be necessary for the action of
the Commission.
B. The compensation and expenses of each Commissioner and each adviser shall be paidby the government which he represents. All expenses incurred by the Commission in theadministration of this Compact, except those paid by the United States of America, shall be paidby the signatory States on an equal basis.
C. The Commission shall have power to:
1. Adopt bylaws, rules, and regulations not inconsistent with this Compact;
2. Acquire, hold, convey or otherwise dispose of property;
3. Employ such persons and contract for such services as may be necessary to carry outits duties under this Compact;
4. Sue and be sued as a legal entity in any court of record of a signatory State, and in anycourt of the United States having jurisdiction of such action;
5. Co-operate with State and Federal agencies in matters relating to water pollution ofinterstate significance;
6. Perform all functions required of it by this Compact and do all things necessary,proper or convenient in the performance of its duties hereunder, independently or in cooperationwith others, including State and Federal agencies.
D. The Commission shall:
1. Enforce this Compact and its orders made hereunder by suit or other appropriateaction;
2. Compile a report covering the work of the Commission and expenditures during thecurrent biennium, and an estimate of expenditures for the following biennium and transmit it tothe President of the United States and to the Governors of the signatory States on or before July 1following each biennium.
Rights to direct flow water shall be administered in each signatory State under state law,with the following limitations:
A. When there is a water emergency, as hereinafter defined for each division, water shallbe distributed therein as provided below.
1. Upper Division.
a. When the divertible flow as defined below for the upper division is less than 1,250second-feet, a water emergency shall be deemed to exist therein and such divertible flow isallocated for diversion in the river sections of the Division as follows:
Upper Utah Section Diversions - 0.6%,
Upper Wyoming Section Diversions - 49.3%,
Lower Utah Section Diversions - 40.5%,
Lower Wyoming Section Diversions - 9.6%.
Such divertible flow shall be the total of the following five items:
(1) Upper Utah Section Diversions in second-feet,
(2) Upper Wyoming Section Diversions in second-feet,
(3) Lower Utah Section Diversions in second-feet,
(4) Lower Wyoming Section Diversions in second-feet,
(5) The flow in second-feet passing Pixley Dam.
b. The Hilliard East Fork Canal, Lannon Canal, Lone Mountain Ditch, and Hilliard WestSide Canal, which divert water in Utah to irrigate lands in Wyoming, shall be supplied from the
divertible flow allocated to the Upper Wyoming Section Diversions.
c. The Chapman, Bear River, and Francis Lee Canals, which divert water from the mainstem of Bear River in Wyoming to irrigate lands in both Wyoming and Utah, shall be suppliedfrom the divertible flow allocated to the Upper Wyoming Section Diversions.
d. The Beckwith Quinn West Side Canal, which diverts water from the main stem ofBear River in Utah to irrigate lands in both Utah and Wyoming, shall be supplied from thedivertible flow allocated to the Lower Utah Section Diversions.
e. If for any reason the aggregate of all diversions in a river section of the Upper Divisiondoes not equal the allocation of water thereto, the unused portion of such allocation shall beavailable for use in the other river sections in the Upper Division in the following order: (1) Inthe other river section of the same State in which the unused allocation occurs; and (2) In theriver sections of the other State. No permanent right of use shall be established by the distributionof water pursuant to this paragraph e.
f. Water allocated to the several sections shall be distributed in each section inaccordance with State law.
2. Central Division.
a. When either the divertible flow as hereinafter defined for the Central Division is lessthan 870 second-feet, or the flow of the Bear River at Border Gaging Station is less than 350second-feet, whichever shall first occur, a water emergency shall be deemed to exist in theCentral Division and the total of all diversions in Wyoming from Grade Creek, Pine Creek,Bruner Creek and Pine Creek Springs, Spring Creek, Sublette Creek, Smiths Fork, and all thetributaries of Smiths Fork above the mouth of Hobble Creek including Hobble Creek, and fromthe main stem of the Bear River between Pixley Dam and the point where the river crosses theWyoming-Idaho State line near Border shall be limited for the benefit of the State of Idaho, tonot exceed 43% of the divertible flow. The remaining 57% of the divertible flow shall beavailable for use in Idaho in the Central Division, but if any portion of such allocation is not usedtherein it shall be available for use in Idaho in the Lower Division.
The divertible flow for the Central Division shall be the total of the following three items:
(1) Diversions in second-feet in Wyoming consisting of the sum of all diversions fromGrade Creek, Pine Creek, Bruner Creek and Pine Creek Springs, Spring Creek, Sublette Creek,and Smiths Fork and all the tributaries of Smiths Fork above the mouth of Hobble Creekincluding Hobble Creek, and the main stem of the Bear River between Pixley Dam and the pointwhere the river crosses the Wyoming-Idaho State line near Border, Wyoming.
(2) Diversions in second-feet in Idaho from the Bear River main stem from the pointwhere the river crosses the Wyoming-Idaho State line near Border to Stewart Dam includingWest Fork Canal which diverts at Stewart Dam.
(3) Flow in second-feet of the Rainbow Inlet Canal and of the Bear River passingdownstream from Stewart Dam.
b. The Cook Canal, which diverts water from the main stem of the Bear River inWyoming to irrigate lands in both Wyoming and Idaho, shall be considered a Wyoming diversionand shall be supplied from the divertible flow allocated to Wyoming.
c. Water allocated to each State shall be distributed in accordance with State law.
3. Lower Division.
a. When the flow of water across the Idaho-Utah boundary line is insufficient to satisfywater rights in Utah, covering water applied to beneficial use prior to January 1, 1976, any water
user in Utah may file a petition with the Commission alleging that by reason of diversions inIdaho he is being deprived of water to which he is justly entitled, and that by reason thereof, awater emergency exists, and requesting distribution of water under the direction of theCommission. If the Commission finds a water emergency exists, it shall put into effect waterdelivery schedules based on priority of rights and prepared by the Commission without regard tothe boundary line for all or any part of the Division, and during such emergency, water shall bedelivered in accordance with such schedules by the State official charged with the administrationof public waters.
B. The Commission shall have authority upon its own motion (1) to declare a wateremergency in any or all river divisions based upon its determination that there are diversionswhich violate this Compact and which encroach upon water rights in a lower State, (2) to makeappropriate orders to prevent such encroachments, and (3) to enforce such orders by action beforeState administrative officials or by court proceedings.
C. When the flow of water in an interstate tributary across a State boundary line isinsufficient to satisfy water rights on such tributary in a lower State, any water user may file apetition with the Commission alleging that by reason of diversions in an upstream State he isbeing deprived of water to which he is justly entitled and that by reason thereof a wateremergency exists, and requesting distribution of water under the direction of the Commission. Ifthe Commission finds that a water emergency exists and that interstate control of water of suchtributary is necessary, it shall put into effect water delivery schedules based on priority of rightsand prepared without regard to the State boundary line. The State officials in charge of waterdistribution on interstate tributaries may appoint and fix the compensation and expenses of ajoint water commissioner for each tributary. The proportion of the compensation and expenses tobe paid by each State shall be determined by the ratio between the number of acres therein whichare irrigated by diversions from such tributary, and the total number of acres irrigated from suchtributary.
D. In preparing interstate water delivery schedules the Commission, upon notice andafter public hearings, shall make finding of fact as to the nature, priority and extent of waterrights, rates of flow, duty of water, irrigated acreages, types of crops, time of use, and relatedmatters; provided that such schedules shall recognize and incorporate therein priority of waterrights as adjudicated in each of the signatory States. Such findings of fact shall, in any court orbefore any tribunal, constitute prima facie evidence of the facts found.
E. Water emergencies provided for herein shall terminate on September 30 of each yearunless terminated sooner or extended by the Commission.
A. Water rights in the Lower Division acquired under the laws of Idaho and Utahcovering water applied to beneficial use prior to January 1, 1976, are hereby recognized and shallbe administered in accordance with State law based on priority of rights as provided in ArticleIV, paragraph A3. Rights to water first applied to beneficial use on or after January 1, 1976, shallbe satisfied from the respective allocations made to Idaho and Utah in this paragraph and thewater allocated to each State shall be administered in accordance with State law. Subject to theforegoing provisions, the remaining water in the Lower Division, including ground watertributary to the Bear River, is hereby apportioned for use in Idaho and Utah as follows:
(1) Idaho shall have the first right to the use of such remaining water resulting in anannual depletion of not more than 125,000 acre-feet.
(2) Utah shall have the second right to the use of such remaining water resulting in anannual depletion of not more than 275,000 acre-feet.
(3) Idaho and Utah shall each have an additional right to deplete annually on an equalbasis, 75,000 acre-feet of the remaining water after the rights provided by subparagraphs (1), and(2) above have been satisfied.
(4) Any remaining water in the Lower Division after the allocations provided for insubparagraphs (1), (2), and (3) above have been satisfied shall be divided; 30% to Idaho and 70%to Utah.
B. Water allocated under the above subparagraphs shall be charged against the State inwhich it is used regardless of the location of the point of diversion.
C. Water depletions permitted under provisions of subparagraphs (1), (2), and (3), and(4) above, shall be calculated and administered by a Commission-approved procedure.
A. Existing storage rights in reservoirs constructed above Stewart Dam prior to February4, 1955, are as follows:
Idaho
Utah
Wyoming
Additional rights are hereby granted to store in any water year above Stewart Dam,35,500 acre-feet of Bear River water and no more under this paragraph for use in Utah andWyoming; and to store in any water year in Idaho or Wyoming on Thomas Fork 1,000 acre-feetof water for use in Idaho. Such additional storage rights shall be subordinate to, and shall not beexercised when the effect thereof will be to impair or interfere with (1) existing direct flow rightsfor consumptive use in any river division and (2) existing storage rights above Stewart Dam, butshall not be subordinate to any right to store water in Bear Lake or elsewhere below StewartDam. One-half of the 35,500 acre-feet of additional storage right above Stewart Dam so grantedto Utah and Wyoming is hereby allocated to Utah, and the remaining one-half thereof is allocatedto Wyoming.
B. In addition to the rights defined in Paragraph A of this Article, further storageentitlements above Stewart Dam are hereby granted. Wyoming and Utah are granted anadditional right to store in any year 70,000 acre-feet of Bear River water for use in Utah andWyoming to be divided equally; and Idaho is granted an additional right to store 4,500 acre-feetof Bear River water in Wyoming or Idaho for use in Idaho. Water rights granted under thisparagraph and water appropriated, including ground water tributary to Bear River, which isapplied to beneficial use on or after January 1, 1976, shall not result in an annual increase indepletion of the flow of the Bear River and its tributaries above Stewart Dam of more than28,000 acre-feet in excess of the depletion as of January 1, 1976. Thirteen thousand (13,000)acre-feet of the additional depletion above Stewart Dam is allocated to each of Utah andWyoming, and two thousand (2,000) acre-feet is allocated to Idaho.
The additional storage rights provided for in this Paragraph shall be subordinate to, andshall not be exercised when the effect thereof will be to impair or interfere with (1) existingdirect flow rights for consumptive use in any river division and (2) existing storage rights aboveStewart Dam, but shall not be subordinate to any right to store water in Bear Lake or elsewherebelow Stewart Dam; provided, however, there shall be no diversion of water to storage aboveStewart Dam under this Paragraph B when the water surface elevation of Bear Lake is below
5,911.00 feet, Utah Power & Light Company datum (the equivalent of elevation 5,913.75 feetbased on the sea level datum of 1929 through the Pacific Northwest Supplementary Adjustmentof 1947). Water depletions permitted under this Paragraph B shall be calculated and administeredby a Commission-approved procedure.
C. In addition to the rights defined in Article VI, Paragraphs A and B, Idaho, Utah andWyoming are granted the right to store and use water above Stewart Dam that otherwise wouldbe bypassed or released from Bear Lake at times when all other direct flow and storage rights aresatisfied. The availability of such water and the operation of reservoir space to store water aboveBear Lake under this paragraph shall be determined by a Commission-approved procedure. Thestorage provided for in this Paragraph shall be subordinate to all other storage and direct flowrights in the Bear River. Storage rights under this Paragraph shall be exercised with equal priorityon the following basis: 6% thereof to Idaho; 47% thereof to Utah; and 47% thereof to Wyoming.
D. The waters of Bear Lake below elevation 5,912.91 feet, Utah Power and LightCompany Bear Lake datum (the equivalent of elevation 5,915.66 feet based on the sea leveldatum of 1929 through the Pacific Northwest Supplementary Adjustment of 1947) shallconstitute a reserve for irrigation. The water of such reserve shall not be released solely for thegeneration of power, except in emergency, but after release for irrigation it may be used ingenerating power if not inconsistent with its use for irrigation. Any water in Bear Lake in excessof that constituting the irrigation reserve may be used for the generation of power or for otherbeneficial uses. As new reservoir capacity above the Stewart Dam is constructed to provideadditional storage pursuant to Paragraph A of this Article, the Commission shall make a findingin writing as to the quantity of additional storage and shall thereupon make an order increasingthe irrigation reserve in accordance with the following table:
Lake surface elevation
Utah Power & Light
Additional Storage Company
Acre-feet Bear Lake datum
__________________ ____________________
5,000 5,913.24
10,000 5,913.56
15,000
20,000
25,000
30,000
35,500
36,500
E. Subject to existing rights, each State shall have the use of water, includinggroundwater, for ordinary domestic, and stock watering purposes, as determined by State law andshall have the right to impound water for such purposes in reservoirs having storage capacitiesnot in excess, in any case, of 20 acre-feet, without deduction from the allocation made byparagraphs A, B, and C of this Article.
F. The storage rights in Bear Lake are hereby recognized and confirmed subject only tothe restrictions hereinbefore recited.
It is the policy of the signatory States to encourage additional projects for the
development of the water resources of the Bear River to obtain the maximum beneficial use ofwater with a minimum of waste, and in furtherance of such policy, authority is granted within thelimitations provided by this Compact, to investigate, plan, construct, and operate such projectswithout regard to State boundaries, provided that water rights for each such project shall, exceptas provided in Article VI, Paragraphs A and B, thereof, be subject to rights theretofore initiatedand in good standing.
A. No State shall deny the right of the United States of America, and subject to theconditions hereinafter contained, no State shall deny the right of another signatory State, anyperson or entity of another signatory State, to acquire rights to the use of water or to construct orto participate in the construction and use of diversion works and storage reservoirs withappurtenant works, canals, and conduits in one State for use of water in another State, eitherdirectly or by exchange. Water rights acquired for out-of-state use shall be appropriated in theState where the point of diversion is located in the manner provided by law for appropriation ofwater for use within such State.
B. Any signatory State, any person or any entity of any signatory State, shall have theright to acquire in any other signatory State such property rights as are necessary to the use ofwater in conformity with this Compact by donation, purchase, or, as hereinafter provided throughthe exercise of the power of eminent domain in accordance with the law of the State in whichsuch property is located. Any signatory State, upon the written request of the Governor of anyother signatory State for the benefit of whose water users property is to be acquired in the State towhich such written request is made, shall proceed expeditiously to acquire the desired propertyeither by purchase at a price acceptable to the requesting Governor, or if such purchase cannot bemade, then through the exercise of its power of eminent domain and shall convey such propertyto the requesting State or to the person, or entity designated by its Governor provided, that allcosts of acquisition and expenses of every kind and nature whatsoever incurred in obtaining suchproperty shall be paid by the requesting State or the person or entity designated by its Governor.
C. Should any facility be constructed in a signatory State by and for the benefit ofanother signatory State or persons or entities therein, as above provided, the construction, repair,replacement, maintenance and operation of such facility shall be subject to the laws of the Statein which the facility is located.
D. In the event lands or other taxable facilities are acquired by a signatory State inanother signatory State for the use and benefit of the former, the users of the water madeavailable by such facilities, as a condition precedent to the use thereof, shall pay to the politicalsubdivisions of the State in which such facilities are located, each and every year during whichsuch rights are enjoyed for such purposes, a sum of money equivalent to the average of theamount of taxes annually levied and assessed against the land and improvements thereon duringthe ten years preceding the acquisition of such land. Said payments shall be in full reimbursementfor the loss of taxes in such political subdivision of the State.
E. Rights to the use of water acquired under this Article shall in all respects be subject tothis Compact.
Stored water, or water from another watershed may be turned into the channel of the BearRiver in one State and a like quantity, with allowance for loss by evaporation, transpiration, andseepage, may be taken out of the Bear River in another State either above or below the point
where the water is turned into the channel, but in making such exchange the replacement watershall not be inferior in quality for the purpose used or diminished in quantity. Exchanges shallnot be permitted if the effect thereof is to impair vested rights or to cause damage for which nocompensation is paid. Water from another watershed or source which enters the Bear River byactions within a State may be claimed exclusively by that State and use thereof by that State shallnot be subject to the depletion limitations of Articles IV, V and VI. Proof of any claimed increasein flow shall be the burden of the State making such claim, and it shall be approved only by theunanimous vote of the Commission.
A. The following rights to the use of Bear River water carried in interstate canals arerecognized and confirmed.
Lands irrigated
Name of Canal Date of priority Primary right second-feet Acres State
Hilliard East Fork 1914 28.00 2,644 Wyoming
Chapman 8-13-86 16.46 1,155 Wyoming
8-13-86 98.46 6,892 Utah
4-12-12 .57 40 Wyoming
5-3-12 4.07 285 Utah
5-21-12 10.17 712 Utah
2-6-13 .79 55 Wyoming
8-28-05 134.001
Francis Lee 1879 2.20 154 Wyoming
1879 7.41 519 Utah
1Under the right as herein confirmed not to exceed 134 second-feet may be carried acrossthe Wyoming-Utah State line in the Chapman Canal at any time for filling the NeponsetReservoir, for irrigation of land in Utah and for other purposes. The storage right in NeponsetReservoir is for 6,900 acre-feet, which is a component part of the irrigation right for the Utahlands listed above.
All other rights to the use of water carried in interstate canals and ditches, as adjudicatedin the State in which the point of diversion is located, are recognized and confirmed.
B. All interstate rights shall be administered by the State in which the point of diversionis located and during times of water emergency, such rights shall be filled from the allocationsspecified in Article IV hereof for the Section in which the point of diversion is located, with theexception that the diversion of water into the Hilliard East Fork Canal, Lannon Canal, LoneMountain Ditch, and Hilliard West Side Canal shall be under the administration of Wyoming.During times of water emergency these canals and the Lone Mountain Ditch shall be suppliedfrom the allocation specified in Article IV for the Upper Wyoming Section Diversions.
Applications for appropriation, for change of point of diversion, place and nature of use,and for exchange of Bear River water shall be considered and acted upon in accordance with thelaw of the state in which the point of diversion is located, but no such application shall beapproved if the effect thereof will be to deprive any water user in another state of water to whichhe is entitled, nor shall any such application be approved if the effect thereof will be an increasein the depletion of the flow of the Bear River and its tributaries beyond the limits authorized in
each State in Articles IV, V and VI of this Compact. The official of each State in charge of wateradministration shall, at intervals and in the format established by the Commission, report on thestatus of use of the respective allocations.
Nothing in this Compact shall be construed to prevent the United States, a signatory Stateor political subdivision thereof, person, corporation, or association, from instituting ormaintaining any action or proceeding, legal or equitable, for the protection of any right underState or Federal law or under this Compact.
Nothing contained in this Compact shall be deemed
1. To affect the obligations of the United States of America to the Indian tribes;
2. To impair, extend or otherwise affect any right or power of the United States, itsagencies or instrumentalities involved herein; nor the capacity of the United States to hold oracquire additional rights to the use of the water of the Bear River;
3. To subject any property or rights of the United States to the laws of the States whichwere not subject thereto prior to the date of this Compact;
4. To subject any property of the United States to taxation by the States or anysubdivision thereof, nor to obligate the United States to pay any State or subdivision thereof forloss of taxes.
At intervals not exceeding twenty years, the Commission shall review the provisionshereof, and after notice and public hearing, may propose amendments to any such provision,provided, however, that the provisions contained herein shall remain in full force and effect untilsuch proposed amendments have been ratified by the legislatures of the signatory States andconsented to by Congress.
This Compact may be terminated at any time by the unanimous agreement of thesignatory States. In the event of such termination all rights established under it shall continueunimpaired.
Should a court of competent jurisdiction hold any part of this Compact to be contrary tothe constitution of any signatory State or to the Constitution of the United States, all otherseverable provisions of this Compact shall continue in full force and effect.
This Compact shall be in effect when it shall have been ratified by the Legislature of eachsignatory State and consented to by the Congress of the United States of America. Notice ofratification by the legislatures of the signatory States shall be given by the Governor of eachsignatory State to the Governor of each of the other signatory States and to the President of theUnited States of America, and the President is hereby requested to give notice to the Governor ofeach of the signatory States of approval by the Congress of the United States of America.
IN WITNESS WHEREOF, The Commissioners and their advisers have executed thisCompact in five originals, one of which shall be deposited with the General ServicesAdministration of the United States of America, one of which shall be forwarded to the Governorof each of the signatory States, and one of which shall be made a part of the permanent records ofthe Bear River Commission.
Done at Salt Lake City, Utah, this 22nd day of December, 1978.
For the State of Idaho:
(s) Clifford J. Skinner (s) Don W. Gilbert
(s) J. Daniel Roberts
For the State of Utah:
(s) S. Paul Holmgren (s) Daniel F. Lawrence
(s) Simeon Weston
For the State of Wyoming:
(s) George L. Christopulos (s) John A. Teichert
(s) J. W. Myers
Approved: Attest:
Wallace N. Jibson Daniel F. Lawrence
Representative of the Secretary of the Bear River
United States of America Commission
Amended by Chapter 254, 1979 General Session