§ 41-12-101 — Generally

Ratification and approval is hereby given to the Bear River
Compact as signed at Salt Lake City, in the state of Utah, on
the 22nd day of December, A.D., 1978, by George L. Christopulos,
the state engineer of the state of Wyoming, and others, which
compact was also signed by the duly authorized commissioners of
the states of Idaho and Utah, and approved by the representative
of the United States, which Bear River Compact is in full as
follows:
BEAR RIVER COMPACT
The state of Idaho, the state of Utah, and the state of Wyoming,
acting through their respective commissioners after negotiations
participated in by a representative of the United States of
America appointed by the president, have agreed to an amended
Bear River Compact as follows:
ARTICLE I
A. The major purposes of this compact are to remove the causes
of present and future controversy over the distribution and use
of the waters of the Bear River; to provide for efficient use of
water for multiple purposes; to permit additional development of
the water resources of Bear River; to promote interstate comity;
to accomplish an equitable apportionment of the waters of the
Bear River among the compacting states.
B. The physical and all other conditions peculiar to the Bear
River constitute the basis for this compact. No general
principle or precedent with respect to any other interstate
stream is intended to be established.
ARTICLE II
As used in this compact the term
1. "Bear River" means the Bear River and its tributaries
from its source in the Uinta Mountains 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 Uinta Mountains 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 the Bear River
from Pixley Dam to and including Stewart Dam, a diversion dam in
section 34, township 13 south, range 44 east, Boise base and
meridian, Idaho;
5. "Lower division" means the portion of the Bear River
between Stewart Dam and Great Salt Lake, including Bear Lake and
its tributary drainage;
6. "Upper Utah section diversions" means the sum of all
diversions in second-feet from the Bear River and the
tributaries of Bear River joining the Bear River upstream from
the point 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-feet from the Bear River main stem from the
point where the Bear River crosses the Utah-Wyoming state line
above Evanston, Wyoming, to the point where the Bear River
crosses the Wyoming-Utah state line east of Woodruff, Utah, and
including the diversions by the Hilliard East 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 from the Bear River main stem from the
point where the Bear River crosses the Wyoming-Utah state line
east of Woodruff, Utah, to the point where the Bear River
crosses the Utah-Wyoming state line northeast of Randolph, Utah;
9. "Lower Wyoming section diversions" means the sum of all
diversions in second-feet from 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 III of this compact;
11. "Water user" means a person, corporation, or other
entity having a right to divert water from the Bear River for
beneficial use;
12. "Second-foot" means a flow of one cubic foot of water
per second of time passing a given point;
13. "Acre-foot" means the quantity of water required to
cover one acre to a depth of one foot, equivalent to 43,560
cubic feet;
14. "Biennium" means the 2-year period commencing on
October 1 of the first odd 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 the following year;
16. "Direct flow" means all water flowing in a natural
watercourse except water released from storage or imported from
a source other than the Bear River watershed;
17. "Border gauging station" means the stream flow gauging
station in Idaho on the Bear River above Thomas Fork near the
Wyoming-Idaho boundary line in the northeast quarter of the
northeast 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 near Cokeville,
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 Fork
in 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 118 west, sixth principal
meridian, Wyoming, and in its natural channel is tributary to
Smiths Fork in section 36, township 25 north, range 119 west,
sixth principal meridian, Wyoming;
21. "Bruner Creek" and "Pine Creek Springs" means Smiths
Fork tributaries which rise in Lincoln County, Wyoming, in
sections 31 and 32, township 25 north, range 118 west, sixth
principal 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 section 4, 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 section 20,
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 in
section 35, township 28 north, range 118 west, sixth principal
meridian, Wyoming;
25. "Hilliard East Fork Canal" means that irrigation canal
which diverts water from the right 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, Salt Lake base and meridian, Utah, and
runs in a northerly direction crossing the Utah-Wyoming state
line into the southwest quarter of section 21, township 12
north, range 119 west, sixth principal meridian, Wyoming;
26. "Lannon Canal" means that irrigation canal which
diverts water from the right bank of the Bear River in Summit
County, Utah, east 1,480 feet from the west quarter corner of
section 19, township 3 north, range 10 east, Salt Lake base and
meridian, Utah, and runs in a northerly 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 right bank of the Bear River in
Summit County, Utah, north 1,535 feet and east 1,120 feet from
the west quarter corner of section 19, township 3 north, range
10 east, Salt Lake base and meridian, Utah, and runs in a
northerly direction crossing the Utah-Wyoming state line into
the south 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 the right bank of the Bear River in
Summit County, Utah, at a point north 2,190 feet and east 1,450
feet from the south quarter corner of section 13, township 3
north, range 9 east, Salt Lake base and meridian, Utah, and runs
in a northerly direction crossing the Utah-Wyoming state line
into the south half of section 20, township 12 north, range 119
west, sixth principal meridian, Wyoming;
29. "Francis Lee Canal" means that irrigation canal which
diverts water from the left bank 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 a westerly 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 bank of the Bear River in Uinta
County, Wyoming, in the northeast quarter of section 36,
township 16 north, range 121 west, sixth principal meridian,
Wyoming, and runs in a northerly direction crossing over the low
divide into the Saleratus drainage basin near the southeast
corner of section 36, township 17 north, range 121 west, sixth
principal meridian, Wyoming and then in 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
6,900 acre-feet.
ARTICLE III
A. There is hereby created an interstate administrative
agency to be known as the "Bear River Commission" which is
hereby constituted a legal entity and in such name shall
exercise the powers hereinafter specified. The commission shall
be composed of nine commissioners, three commissioners
representing each signatory state, and if appointed by the
president, one additional commissioner representing the United
States of America who shall serve as chairman, without vote.
Each commissioner, except the chairman, shall have one vote. The
state commissioners shall be selected in accordance with state
law. Six commissioners who shall include two commissioners from
each state shall constitute a quorum. The vote of at least
two-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 paid by the government which he
represents. All expenses incurred by the commission in the
administration of this compact, except those paid by the United
States of America, shall be paid by the signatory states on an
equal basis.
C. The commission shall have power to:
1. Adopt by-laws, 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 out its duties under this compact;
4. Sue and be sued as a legal entity in any court of
record of a signatory state, and in any court of the United
States having jurisdiction of such action;
5. Cooperate with state and federal agencies in
matters relating to water pollution of interstate 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
cooperation with others, including state and federal agencies.
D. The commission shall:
1. Enforce this compact and its orders made hereunder
by suit or other appropriate action;
2. Compile a report covering the work of the
commission and expenditures during the current biennium, and an
estimate of expenditures for the following biennium and transmit
it to the president of the United States and to the governors of
the signatory states on or before July 1 following each
biennium.
ARTICLE IV
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 shall be distributed therein as
provided below.
1. Upper division
a. When the divertible flow as defined below for the
upper division is less than 1,250 second-feet, a water emergency
shall be deemed to exist therein and such divertible flow is
allocated for diversion in the river sections of the division as
follows:
Upper Utah section diversions-0.6 percent,
Upper Wyoming section diversions-49.3 percent,
Lower Utah section diversions-40.5 percent,
Lower Wyoming section diversions-9.6 percent.
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 West Side 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 main stem of Bear River in Wyoming
to irrigate lands in both Wyoming and Utah, shall be supplied
from the divertible flow allocated to the Upper Wyoming section
diversions.
d. The Beckwith Quinn West Side Canal, which diverts
water from the main stem of Bear River in Utah to irrigate lands
in both Utah and Wyoming, shall be supplied from the divertible
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 division does not equal the
allocation of water thereto, the unused portion of such
allocation shall be available for use in the other river
sections in the upper division in the following order: (1) In
the other river section of the same state in which the unused
allocation occurs; and (2) In the river sections of the other
state. No permanent right of use shall be established by the
distribution of water pursuant to this paragraph e.
f. Water allocated to the several sections shall be
distributed in each section in accordance with state law.
2. Central division
a. When either the divertible flow as hereinafter
defined for the central division is less than 870 second-feet,
or the flow of the Bear River at Border Gauging Station is less
than 350 second-feet, whichever shall first occur, a water
emergency shall be deemed to exist in the central 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 the tributaries of Smiths
Fork above the mouth of Hobble Creek including Hobble Creek, and
from the main stem of the Bear River between Pixley Dam and the
point where the river crosses the Wyoming-Idaho state line near
Border shall be limited for the benefit of the state of Idaho,
to not exceeding forty-three (43) percent of the divertible
flow. The remaining fifty-seven (57) percent of the divertible
flow shall be available for use in Idaho in the central
division, but if any portion of such allocation is not used
therein 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 from Grade 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 Creek including Hobble Creek, and the main stem of the
Bear River between Pixley Dam and the point where 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 point where the river crosses the
Wyoming-Idaho state line near Border to Stewart Dam including
West Fork Canal which diverts at Stewart Dam.
(3) Flow in second-feet of the Rainbow Inlet Canal and of
the Bear River passing downstream from Stewart Dam.
b. The Cook Canal, which diverts water from the main
stem of the Bear River in Wyoming to irrigate lands in both
Wyoming and Idaho, shall be considered a Wyoming diversion and
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 satisfy water 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 in Idaho he is
being deprived of water to which he is justly entitled, and that
by reason thereof, a water emergency exists, and requesting
distribution of water under the direction of the commission. If
the commission finds a water emergency exists, it shall put into
effect water delivery schedules based on priority of rights and
prepared by the commission without regard to the boundary line
for all or any part of the division, and during such emergency,
water shall be delivered in accordance with such schedules by
the state official charged with the administration of public
waters.
B. The commission shall have authority upon its own motion
(1) to declare a water emergency in any or all river divisions
based upon its determination that there are diversions which
violate this compact and which encroach upon water rights in a
lower state, (2) to make appropriate orders to prevent such
encroachments, and (3) to enforce such orders by action before
state administrative officials or by court proceedings.
C. When the flow of water in an interstate tributary
across a state boundary line is insufficient to satisfy water
rights on such tributary in a lower state, any water user may
file a petition with the commission alleging that by reason of
diversions in an upstream state he is being deprived of water to
which he is justly entitled and that by reason thereof a water
emergency exists, and requesting distribution of water under the
direction of the commission. If the commission finds that a
water emergency exists and that interstate control of water of
such tributary is necessary, it shall put into effect water
delivery schedules based on priority of rights and prepared
without regard to the state boundary line. The state officials
in charge of water distribution on interstate tributaries may
appoint and fix the compensation and expenses of a joint water
commissioner for each tributary. The proportion of the
compensation and expenses to be paid by each state shall be
determined by the ratio between the number of acres therein
which are irrigated by diversions from such tributary, and the
total number of acres irrigated from such tributary.
D. In preparing interstate water delivery schedules the
commission, upon notice and after public hearings, shall make
findings of fact as to the nature, priority and extent of water
rights, rates of flow, duty of water, irrigated acreages, types
of crops, time of use, and related matters; provided that such
schedules shall recognize and incorporate therein priority of
water rights as adjudicated in each of the signatory states.
Such findings of fact shall, in any court or before any
tribunal, constitute prima facie evidence of the facts found.
E. Water emergencies provided for herein shall terminate
on September 30 of each year unless terminated sooner or
extended by the commission.
ARTICLE V
A. Water rights in the lower division acquired under the
laws of Idaho and Utah covering water applied to beneficial use
prior to January 1, 1976, are hereby recognized and shall be
administered in accordance with state law based on priority of
rights as provided in Article IV, paragraph A.3. Rights to water
first applied to beneficial use on or after January 1, 1976,
shall be satisfied from the respective allocations made to Idaho
and Utah in this paragraph and the water allocated to each state
shall be administered in accordance with state law. Subject to
the foregoing provisions, the remaining water in the lower
division, including ground water tributary 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 an annual 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 an annual depletion of not
more than 275,000 acre-feet;
(3) Idaho and Utah shall each have an additional
right to deplete annually on an equal basis, 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 in subparagraphs (1), (2), and (3)
above have been satisfied shall be divided; thirty (30) percent
to Idaho and seventy (70) percent to Utah.
B. Water allocated under the above subparagraphs shall be
charged against the state in which 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.
ARTICLE VI
A. Existing storage rights in reservoirs constructed above
Stewart Dam prior to February 4, 1955 are as follows:
Idaho ..................................... 324 acre-feet
Utah ................................... 11,850 acre-feet
Wyoming ................................. 2,150 acre-feet
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 and Wyoming; and to
store in any water year in Idaho or Wyoming on Thomas Fork 1,000
acre-feet of water for use in Idaho. Such additional storage
rights shall be subordinate to, and shall not be exercised when
the effect thereof will be to impair or interfere with (1)
existing direct flow rights for consumptive use in any river
division and (2) existing storage rights above Stewart Dam, but
shall not be subordinate to any right to store water in Bear
Lake or elsewhere below Stewart Dam. One-half of the 35,500
acre-feet of additional storage right above Stewart Dam so
granted to Utah and Wyoming is hereby allocated to Utah, and the
remaining one-half thereof is allocated to Wyoming.
B. In addition to the rights defined in paragraph A. of
this article, further storage entitlements above Stewart Dam are
hereby granted. Wyoming and Utah are granted an additional right
to store in any year 70,000 acre-feet of Bear River water for
use in Utah and Wyoming to be divided equally; and Idaho is
granted an additional right to store 4,500 acre-feet of Bear
River water in Wyoming or Idaho for use in Idaho. Water rights
granted under this paragraph and water appropriated, including
ground water tributary to Bear River, which is applied to
beneficial use on or after January 1, 1976, shall not result in
an annual increase in depletion of the flow of the Bear River
and its tributaries above Stewart Dam of more than 28,000
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 and Wyoming, and
two thousand (2,000) acre-feet is allocated to Idaho.
The additional storage rights provided for in this
paragraph shall be subordinate to, and shall not be exercised
when the effect thereof will be to impair or interfere with (1)
existing direct flow rights for consumptive use in any river
division and (2) existing storage rights above Stewart Dam, but
shall not be subordinate to any right to store water in Bear
Lake or elsewhere below Stewart Dam; provided, however, there
shall be no diversion of water to storage above Stewart 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 feet based on the sea
level datum of 1929 through the Pacific Northwest Supplementary
Adjustment of 1947). Water depletions permitted under this
paragraph B. shall be calculated and administered by a
commission-approved procedure.
C. In addition to the rights defined in article VI,
paragraphs A. and B., Idaho, Utah and Wyoming are granted the
right to store and use water above Stewart Dam that otherwise
would be bypassed or released from Bear Lake at times when all
other direct flow and storage rights are satisfied. The
availability of such water and the operation of reservoir space
to store water above Bear Lake under this paragraph shall be
determined by a commission-approved procedure. The storage
provided for in this paragraph shall be subordinate to all other
storage and direct flow rights in the Bear River. Storage rights
under this paragraph shall be exercised with equal priority on
the following basis: six (6) percent thereof to Idaho;
forty-seven (47) percent thereof to Utah; and forty-seven (47)
percent thereof to Wyoming.
D. The waters of Bear Lake below elevation 5,912.91 feet,
Utah Power & Light Company Bear Lake datum (the equivalent of
elevation 5915.66 feet based on the sea level datum of 1929
through the Pacific Northwest Supplementary Adjustment of 1947)
shall constitute a reserve for irrigation. The water of such
reserve shall not be released solely for the generation of
power, except in emergency, but after release for irrigation it
may be used in generating power if not inconsistent with its use
for irrigation. Any water in Bear Lake in excess of that
constituting the irrigation reserve may be used for the
generation of power or for other beneficial uses. As new
reservoir capacity above the Stewart Dam is constructed to
provide additional storage pursuant to paragraph A. of this
article, the commission shall make a finding in writing as to
the quantity of additional storage and shall thereupon make an
order increasing the 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 ................................ 5,913.87
20,000 ................................ 5,914.15
25,000 ................................ 5,914.41
30,000 ................................ 5,914.61
35,500 ................................ 5,914.69
36,500 ................................ 5,914.70
E. Subject to existing rights, each state shall have the
use of water, including ground water, for ordinary domestic, and
stock watering purposes, as determined by state law and shall
have the right to impound water for such purposes in reservoirs
having storage capacities not in excess, in any case, of 20
acre-feet, without deduction from the allocation made by
paragraphs A., B. and C. of this article.
F. The storage rights in Bear Lake are hereby recognized
and confirmed subject only to the restrictions hereinbefore
recited.
ARTICLE VII
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 of water
with a minimum of waste, and in furtherance of such policy,
authority is granted within the limitations provided by this
compact, to investigate, plan, construct, and operate such
projects without regard to state boundaries, provided that water
rights for each such project shall, except as provided in
article VI, paragraphs A. and B. thereof, be subject to rights
theretofore initiated and in good standing.
ARTICLE VIII
A. No state shall deny the right of the United States of
America, and subject to the conditions hereinafter contained, no
state shall deny the right of another signatory state, any
person or entity of another signatory state, to acquire rights
to the use of water or to construct or to participate in the
construction and use of diversion works and storage reservoirs
with appurtenant works, canals, and conduits in one state for
use of water in another state, either directly or by exchange.
Water rights acquired for out-of-state use shall be appropriated
in the state where the point of diversion is located in the
manner provided by law for appropriation of water for use within
such state.
B. Any signatory state, any person or any entity of any
signatory state, shall have the right to acquire in any other
signatory state such property rights as are necessary to the use
of water in conformity with this compact by donation, purchase,
or, as hereinafter provided through the exercise of the power of
eminent domain in accordance with the law of the state in which
such property is located. Any signatory state, upon the written
request of the governor of any other signatory state for the
benefit of whose water users property is to be acquired in the
state to which such written request is made, shall proceed
expeditiously to acquire the desired property either by purchase
at a price acceptable to the requesting governor, or if such
purchase cannot be made, then through the exercise of its power
of eminent domain and shall convey such property to the
requesting state or to the person, or entity designated by its
governor provided, that all costs of acquisition and expenses of
every kind and nature whatsoever incurred in obtaining such
property 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 of another 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 state in which the facility is
located.
D. In the event lands or other taxable facilities are
acquired by a signatory state in another signatory state for the
use and benefit of the former, the users of the water made
available by such facilities, as a condition precedent to the
use thereof, shall pay to the political subdivisions of the
state in which such facilities are located, each and every year
during which such rights are enjoyed for such purposes, a sum of
money equivalent to the average of the amount of taxes annually
levied and assessed against the land and improvements thereon
during the ten years preceding the acquisition of such land.
Said payments shall be in full reimbursement for 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 to this compact.
ARTICLE IX
Stored water, or water from another watershed may be turned
into the channel of the Bear River in one state and a like
quantity, with allowance for loss by evaporation, transpiration,
and seepage, 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 water
shall not be inferior in quality for the purpose used or
diminished in quantity. Exchanges shall not be permitted if the
effect thereof is to impair vested rights or to cause damage for
which no compensation is paid. Water from another watershed or
source which enters the Bear River by actions within a state may
be claimed exclusively by that state and use thereof by that
state shall not be subject to the depletion limitations of
articles IV, V and VI. Proof of any claimed increase in flow
shall be the burden of the state making such claim, and it shall
be approved only by the unanimous vote of the commission.
ARTICLE X
A. The following rights to the use of Bear River water
carried in interstate canals are recognized and confirmed.
Date of Primary right Lands irrigated
Name of canal priority 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
8-28-05 134.00 *
Francis Lee .. 1879 2.20 154 Wyoming
1879 7.41 519 Utah
*Under the right as herein confirmed not to exceed 134
second-feet may be carried across the Wyoming-Utah state line in
the Chapman Canal at any time for filling the Neponset
Reservoir, for irrigation of land in Utah and for other
purposes. The storage right in Neponset Reservoir is for 6,900
acre-feet which is a component part of the irrigation right for
the Utah lands listed above.
All other rights to the use of water carried in interstate
canals and ditches, as adjudicated in 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 diversion is located and during
times of water emergency, such rights shall be filled from the
allocations specified in article IV hereof for the section in
which the point of diversion is located, with the exception that
the diversion of water into the Hilliard East Fork Canal, Lannon
Canal, Lone Mountain 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
supplied from the allocation specified in article IV for the
Upper Wyoming section diversions.
ARTICLE XI
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 the law of the state in which the point of diversion is
located, but no such application shall be approved if the effect
thereof will be to deprive any water user in another state of
water to which he is entitled, nor shall any such application be
approved if the effect thereof will be an increase in 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
water administration shall, at intervals and in the format
established by the commission, report on the status of use of
the respective allocations.
ARTICLE XII
Nothing in this compact shall be construed to prevent the
United States, a signatory state or political subdivision
thereof, person, corporation, or association, from instituting
or maintaining any action or proceeding, legal or equitable, for
the protection of any right under state or federal law or under
this compact.
ARTICLE XIII
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, its agencies or instrumentalities
involved herein; nor the capacity of the United States to hold
or acquire 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 which were 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 any subdivision thereof, nor to
obligate the United States to pay any state or subdivision
thereof for loss of taxes.
ARTICLE XIV
At intervals not exceeding twenty years, the commission
shall review the provisions hereof, 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 until such proposed amendments have been
ratified by the legislatures of the signatory states and
consented to by congress.
ARTICLE XV
This compact may be terminated at any time by the unanimous
agreement of the signatory states. In the event of such
termination all rights established under it shall continue
unimpaired.
ARTICLE XVI
Should a court of competent jurisdiction hold any part of
this compact to be contrary to the constitution of any signatory
state or to the constitution of the United States, all other
severable provisions of this compact shall continue in full
force and effect.
ARTICLE XVII
This compact shall be in effect when it shall have been
ratified by the legislature of each signatory state and
consented to by the congress of the United States of America.
Notice of ratification by the legislature of the signatory
states shall be given by the governor of each signatory state to
the governor of each of the other signatory states and to the
president of the United States of America, and the president is
hereby requested to give notice to the governor of each 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 this compact in five originals, one of which shall
be deposited with the general services administration of the
United States of America, one of which shall be forwarded to the
governor of each of the signatory states, and one of which shall
be made a part of the permanent records of the Bear River
commission.
Done at Salt Lake City, Utah, this 22nd day of December
1978.
For the State of Idaho:
Clifford J. Skinner /s/ Clifford J. Skinner
J. Daniel Roberts /s/ J. Daniel Roberts
Don W. Gilbert /s/ Don W. Gilbert
For the State of Utah:
S. Paul Holmgren /s/ S. Paul Holmgren
Simeon Weston /s/ Simeon Weston
Daniel F. Lawrence /s/ Daniel F. Lawrence
For the State of Wyoming:
George L. Christopulos /s/ George L. Christopulos
John A. Teichert /s/ John A. Teichert
J. W. Myers /s/ J. W. Myers
Approved: Attest:
/s/ Wallace N. Jibson /s/ Daniel F. Lawrence
Wallace N. Jibson Daniel F. Lawrence
Representative of the Secretary of the Bear River
United States of America Compact Commission