§ 41-12-501 — Generally

The compact relating to the waters of the Snake River, entered
into and duly executed at the city of Cheyenne, Wyoming, on the
10th day of October, 1949, by and between the commissioners of
the state of Wyoming acting pursuant to authority granted under
section 71-2601, Wyoming Compiled Statutes, 1945, and the
commissioners of the state of Idaho acting pursuant to authority
granted by chapter 11, Idaho Session Laws of 1949, and approved
by the representative of the United States, be, and the same is,
hereby ratified and approved and is in full as follows:
SNAKE RIVER COMPACT
The states of Idaho and Wyoming, parties signatory to this
compact, have resolved to conclude a compact as authorized by
the act of June 3, 1948 (62 Stat. 294), and after negotiations
participated in by the following named state commissioners:
For Idaho
Mark R. Kulp, Boise
N. V. Sharp, Filer
Charles H. Welteroth, Jerome
Roy Marquess, Paul
Ival V. Goslin, Aberdeen
R. Willis Walker, Rexburg
Alex O. Coleman, St. Anthony
Leonard E. Graham, Rigby
Charles E. Anderson, Idaho Falls
A. K. Van Orden, Blackfoot
For Wyoming
L. C. Bishop, Cheyenne
E. B. Hitchcock, Rock Springs
J. G. Imeson, Jackson
David P. Miller, Rock Springs
Carl Robinson, Afton
Ciril D. Cranney, Afton
Clifford P. Hansen, Jackson
Clifford S. Wilson, Driggs, Idaho
Lloyd Van Deburg, Jackson
and by R. J. Newell, representative of the United States of
America, have agreed upon the following articles, to-wit:
Article I
(a) The major purposes of this compact are to provide for
the most efficient use of waters of the Snake River for multiple
purposes; to provide for equitable division of such waters; to
remove causes of present and future controversies; to promote
interstate comity; to recognize that the most efficient
utilization of such waters is required for the development of
the drainage area of the Snake River and its tributaries in
Wyoming and Idaho; and to promote joint action by the states and
the United States in the development and use of such waters and
the control of floods.
(b) Either state using, claiming or in any manner
asserting any right to the use of the waters of the Snake River
under the authority of either state shall be subject to the
terms of this compact.
Article II
(a) As used in this compact:
(i) The term "Snake River" as distinguished from
terms such as "Snake River and its tributaries" shall mean the
Snake River from its headwaters to the Wyoming-Idaho boundary
and all tributaries flowing into it within the boundaries of
Wyoming, and the Salt River and all its tributaries;
(ii) The terms "Idaho" and "Wyoming" shall mean,
respectively, the state of Idaho and the state of Wyoming, and,
except as otherwise expressly provided, either of those terms or
the term "state" or "states" used in relation to any right or
obligation created or recognized by this compact shall include
any person or entity of any nature whatsoever, including the
United States;
(iii) The term "domestic use" shall mean the use of
water by an individual, or by a family unit or household for
drinking, cooking, laundering, sanitation and other personal
comforts and necessities; and for the irrigation of a family
garden or orchard not exceeding one-half acre in area;
(iv) The term "stock water use" shall mean the use of
water for livestock and poultry;
(v) The term "established Wyoming rights" shall mean
Snake River water rights that have been validly established of
record in Wyoming prior to July 1, 1949, for use in Wyoming.
Article III
(a) The waters of the Snake River, exclusive of
established Wyoming rights and other uses coming within the
provisions of (c) of this article III, are hereby allocated to
each state for storage or direct diversion as follows:
To Idaho .................... ninety-six percent (96%)
To Wyoming ......................... four percent (4%)
subject to the following stipulations and conditions as to the
four percent (4%) allocated to Wyoming:
(i) One-half may be used in Wyoming by direct
diversion or by storage and subsequent diversion without
provision being made for replacement storage space;
(ii) The other one-half may be diverted for direct
use or stored for later diversion and use on the condition that
there shall have been provided for reimbursement of Idaho users
replacement storage space to the extent of one-third of the
maximum annual diversion in acre-feet but not in excess,
however, of one-third of half the total hereby allocated to
Wyoming. Until this total replacement storage space has been
made available, provision for meeting its proportionate part of
this total shall be a prerequisite to the right to use water in
Wyoming for any irrigation project authorized after June 30,
1949, for construction by any federal agency.
(b) The amount of water subject to allocation as provided
in (a) of this article III shall be determined on an annual
water-year basis measured from October 1 of any year through
September 30 of the succeeding year. The quantity of water to
which the percentage factors in (a) of this article III shall be
applied through a given date in any water year shall be, in
acre-feet, equal to the algebraic sum of:
(i) The quantity of water, in acre-feet, that has
passed the Wyoming state line in the Snake River to the given
date, determined on the basis of gaging stations to be
established at such points as are agreed on under the provisions
of (b) of article VI;
(ii) The change during that water year to the given
date in quantity of water, in acre-feet, in any existing or
future reservoirs in Wyoming which water is for use in Idaho;
(iii) The quantity of water, in acre-feet, stored in
that water year and in storage on the given date for later
diversion and use in Wyoming, under rights having a priority
later than June 30, 1949;
(iv) One-third of the quantity of water, in
acre-feet, excluding any storage water held over from prior
years, diverted, under rights having a priority later than June
30, 1949, in that water year to the given date:
(A) from the Snake River for use that year on
lands in Wyoming; and
(B) from tributaries of the Salt River for use
that year on lands in Idaho.
(c) (i) There are hereby excluded from the allocations
made by this compact:
(A) Existing and future domestic and stock water
uses of water; provided, that the capacity of any reservoir for
stock water shall not exceed twenty (20) acre-feet;
(B) Established Wyoming rights; and
(C) All water rights for use in Idaho on any
tributary of the Salt River heading in Idaho which were validly
established under the laws of Idaho prior to July 1, 1949;
(ii) and all such uses and rights are hereby
recognized.
Article IV
No water of the Snake River shall be diverted in Wyoming
for use outside the drainage area of the Snake River except with
the approval of Idaho; and no water of any tributary of the Salt
River heading in Idaho shall be diverted in Idaho for use
outside the drainage area of said tributary except with the
approval of Wyoming.
Article V
Subject to the provisions of this compact, waters of the
Snake River may be impounded and used for the generation of
electrical power, but such impounding and use shall be
subservient to the use of such waters for domestic, stock and
irrigation purposes, and shall not interfere with or prevent
their use for such preferred purposes. Water impounded or
diverted in Wyoming exclusively for the generation of electrical
power shall not be charged to the allocation set forth in
article III of this compact.
Article VI
(a) It shall be the duty of the two (2) states to
administer this compact through the official in each state who
is now or may hereafter be charged with the administration of
the public water supplies, and to collect and correlate through
such officials the data necessary for the proper administration
of the provisions of this compact. Such officials may, by
unanimous action, adopt rules and regulations consistent with
the provisions of this compact.
(b) The states shall in conjunction with other responsible
agencies cause to be established, maintained and operated such
suitable water gaging stations as they find necessary to
administer this compact. The United States geological survey, or
whatever federal agency may succeed to the functions and duties
of that agency, so far as this compact is concerned, shall
collaborate with officials of the states charged with the
administration of this compact in the execution of the duty of
such officials in the collection, correlation and publication of
information necessary for its proper administration.
(c) In the case of failure of the administrative officials
of the two (2) states to agree on any matter necessary to the
administration of this compact, the director of the United
States geological survey, or whatever official succeeds to his
duties, shall be asked to appoint a federal representative to
participate as to the matters in disagreement, and points of
disagreement shall be decided by majority vote.
Article VII
(a) Either state shall have the right to file applications
for and receive permits to construct or participate in the
construction and use of any dam, storage reservoir or diversion
works in the other state for the purpose of conserving and
regulating its allocated water and to perfect rights thereto.
Either state exercising this right shall comply with the laws of
the other state except as to any general requirement for
legislative approval that may be applicable to the granting of
rights by one (1) state for the diversion or storage of water
for use outside of that state.
(b) Each claim or right hereafter initiated for storage or
diversion of water in one state for use in the other state shall
be filed in the office of the proper official of the state in
which the water is to be stored or diverted, and a duplicate
copy of the application, including a map showing the character
and location of the proposed facilities and the lands to be
irrigated, shall be filed in the office of the proper official
of the 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 stored or
diverted, then, before approval, said application shall be
checked against the records of the 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 as to whether or not he
approves the application. All endorsements shall be placed on
both the original and duplicate copies of all such applications
and maps filed to the end that the records in both states may be
complete and identical.
Article VIII
(a) Neither state shall deny the right of the United
States, and, subject to the conditions hereinafter contained,
neither state shall deny the right of the other state to acquire
rights to the use of water, or to construct or participate in
the construction and use of diversion works and storage
reservoirs with appurtenant works, canals and conduits in one
(1) state for the purpose of diverting, conveying, storing or
regulating water in one (1) state for use in the other state,
when such use is within the allocation to such state made by
this compact.
(b) Either state shall have the right to acquire such
property rights as are necessary to the use of water in
conformity with this compact in the other state by donation,
purchase or through the exercise of the power of eminent domain.
Either state, upon the written request of the governor of the
other 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 satisfactory to the
requesting state, 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 such entity as
may be designated by the requesting state; provided, that all
costs of acquisition and expenses of every kind and nature
whatsoever incurred in obtaining the requested property shall be
paid by the requesting state at the time and in the manner
prescribed by the state requested to acquire the property.
(c) Should any facility be constructed in either state by
and for the benefit of the other state, 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, except that, in the case of a reservoir
constructed in either state for the benefit of the other state,
the proper officials of the state in which the facility is
located shall permit the storage and release of any water to
which the other state is entitled under this compact.
(d) Either state having property rights in the other state
acquired as provided in (b) of this article VIII shall pay to
the political subdivisions of the state in which such property
rights are located, each and every year during which such rights
are held, a sum of money equivalent to the average annual amount
of taxes assessed against those rights during the ten (10) years
preceding the acquisition of such rights in reimbursement for
the loss of taxes to said political subdivision of the state,
except that this provision shall not be applicable to interests
in property rights the legal title to which is in the United
States. Payments so made to a political subdivision shall be in
lieu of any and all taxes by that subdivision on the property
rights for which the payments are made.
Article IX
The provisions of this compact shall not apply to or
interfere with the right or power of either state to regulate
within its boundaries the appropriation, use and control of
waters allocated to such state by this compact.
Article X
The failure of either state to use the waters, or any part
thereof, the use of which is allocated to it under the terms of
this compact, shall not constitute a relinquishment of the right
to such use to the other state, nor shall it constitute a
forfeiture or abandonment of the right to such use.
Article XI
In case any reservoir is constructed in one (1) state where
the water is to be used principally in the other state,
sufficient water not to exceed five (5) cubic feet per second
shall be released at all times, if necessary for stock water use
and conservation of fish and wildlife.
Article XII
The provisions of this compact shall remain in full force
and effect unless amended or terminated by action of the
legislatures of both states and consented to and approved by the
congress of the United States in the same manner as this compact
is required to be ratified and approved to become effective;
provided, that in the event of such amendment or termination all
rights theretofore established hereunder or recognized hereby
shall continue to be recognized as valid by both states
notwithstanding such amendment or termination.
Article XIII
Nothing in this compact shall be construed to limit or
prevent either state from instituting or maintaining any action
or proceeding, legal or equitable, for the protection of any
right under this compact or the enforcement of any of its
provisions.
Article XIV
(a) Nothing in this compact shall be deemed:
(i) To affect adversely any rights to the use of the
waters of the Snake River, including its tributaries entering
downstream from the Wyoming-Idaho state line, owned by or for
Indians, Indian tribes and their reservations. The water
required to satisfy these rights shall be charged against the
allocation made to the state in which the Indians and their
lands are located;
(ii) To impair or affect any rights or powers of the
United States, its agencies or instrumentalities, in and to the
use of the waters of the Snake River nor its capacity to acquire
rights in and to the use of said waters;
(iii) To apply to any waters within the Yellowstone
National Park or Grand Teton National Park;
(iv) To subject any property of the United States,
its agencies or instrumentalities to taxation by either state or
subdivisions thereof, nor to create an obligation on the part of
the United States, its agents or instrumentalities, by reason of
the acquisition, construction or operation of any property or
works of whatsoever kind, to make any payments to any state or
political subdivisions thereof, state agency, municipality or
entity whatsoever in reimbursement for the loss of taxes;
(v) To subject any works of the United States used in
connection with the control or use of waters which are the
subject of this compact to the laws of any state to an extent
other than the extent to which these laws would apply without
regard to this compact.
(b) Notwithstanding the provisions of (a) of this article,
any beneficial uses hereafter made by the United States, or
those acting by or under its authority, within either 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.
Article XV
This compact shall become operative when approved by
legislative enactment by each of the states, and when consented
to by the congress of the United States.
Article XVI
Wyoming hereby relinquishes the right to the allocation of
stored water in Grassy Lake Reservoir, as set forth in Wyoming's
reservoir permit No. 4631 Res. and evidenced by certificate No.
R-1, page 318, and all claims predicated thereon.
IN WITNESS WHEREOF the commissioners have signed this
compact in quadruplicate, one (1) of which shall be filed in the
archives of the department of state of the United States of
America and shall be deemed the authoritative original, and of
which a duly certified copy shall be forwarded to the governor
of each of the states.
Done at the city of Cheyenne, in the state of Wyoming, this
10th day of October, in the year of our Lord, one thousand nine
hundred and forty-nine.
Commissioners for Idaho Commissioners for Wyoming
/s/ Mark R. Kulp /s/ L. C. Bishop
Mark R. Kulp L. C. Bishop
/s/ N. V. Sharp /s/ E. B. Hitchcock
N. V. Sharp E. B. Hitchcock
/s/ Charles H. Welteroth /s/ J. G. Imeson
Charles H. Welteroth J. G. Imeson
/s/ Roy Marquess /s/ David P. Miller
Roy Marquess David P. Miller
/s/Ival V. Goslin /s/ Carl Robinson
Ival V. Goslin Carl Robinson
/s/ R. Willis Walker /s/ Ciril D. Cranney
R. Willis Walker Ciril D. Cranney
/s/ Alex O. Coleman /s/ Clifford P. Hansen
Alex O. Coleman Clifford P. Hansen
/s/ Leonard E. Graham /s/ Clifford S. Wilson
Leonard E. Graham Clifford W. Wilson
/s/ Chas. E. Anderson /s/ Lloyd Van Deburg
Charles E. Anderson Lloyd Van Deburg
/s/ A. K. Van Orden
A. K. Van Orden
I have participated in the negotiations of this compact and
intend to report favorably thereon to the congress of the United
States.
/s/ R. J. Newell
R. J. Newell
Representative of
The United States of America