Wyoming § 41-12-214 When compact becomes operative

Wyoming Statutes

§ 41-12-214 — When compact becomes operative

Wyoming·Title 41 Water·Ch. 12 INTERSTATE COMPACTS·Art. 2 BELLE FOURCHE RIVER COMPACT

(a)This compact shall become operative when approved by the legislature of each of the states, and when consented to by the congress of the United States by legislation providing, among other things, that:

(i)Any beneficial uses hereafter made by the United States, or those acting by or under its authority, within a state, of the waters allocated by this compact, shall be within the allocations hereinabove made for use in that state and shall be taken into account in determining the extent of use within that state;

(ii)The United States, or those acting by or under its authority, in the exercise of rights or powers arising from whatever jurisdiction the United States has in, over and to the waters of the Belle Fourche River and all its tributaries, shall recognize, to the extent consist

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(a) This compact shall become operative when approved by
the legislature of each of the states, and when consented to by
the congress of the United States by legislation providing,
among other things, that:
(i) Any beneficial uses hereafter made by the United
States, or those acting by or under its authority, within a
state, of the waters allocated by this compact, shall be within
the allocations hereinabove made for use in that state and shall
be taken into account in determining the extent of use within
that state;
(ii) The United States, or those acting by or under
its authority, in the exercise of rights or powers arising from
whatever jurisdiction the United States has in, over and to the
waters of the Belle Fourche River and all its tributaries, shall
recognize, to the extent consistent with the best utilization of
the waters for multiple purposes, that beneficial use of the
waters within the basin is of paramount importance to
development of the basin, and no exercise of such power or right
thereby that would interfere with the full beneficial use of the
waters shall be made except upon a determination, giving due
consideration to the objectives of this compact and after
consultation with all interested federal agencies and the state
officials charged with the administration of this compact, that
such exercise is in the interest of the best utilization of such
waters for multiple purposes;
(iii) The United States, or those acting by or under
its authority, will recognize any established use, for domestic
and irrigation purposes, of the apportioned waters which may be
impaired by the exercise of federal jurisdiction in, over, and
to such waters; provided, that such use is being exercised
beneficially, is valid under the laws of the appropriate state
and in conformity with this compact at the time of the
impairment thereof, and was validly initiated under state law
prior to the initiation or authorization of the federal program
or project which causes such impairment.