§ 41-12-601 — Generally

Wyoming § 41-12-601

• Jurisdiction: Wyoming
• Title 41: Water
• Ch. 12: INTERSTATE COMPACTS
• Art. 6: YELLOWSTONE RIVER COMPACT

Text

Ratification and approval is hereby given to the Yellowstone
River Compact as signed at the city of Billings, in the state of
Montana, on the 8th day of December, A. D. 1950, by L. C.
Bishop, the state engineer of the state of Wyoming, and all of
the above named assistant commissioners, under and in accordance
with the authority of section 71-2601, Wyoming Compiled
Statutes, 1945, which compact was also signed by the duly
authorized commissioners of the states of Montana and North
Dakota, and approved by the representative of the United States,
which Yellowstone River Compact is in full as follows:
YELLOWSTONE RIVER COMPACT
The state of Montana, the state of North Dakota, and the
state of Wyoming, being moved by consideration of interstate
comity, and desiring to remove all causes of present and future
controversy between said states and between persons in one (1)
and persons in another with respect to the waters of the
Yellowstone River and its tributaries, other than waters within
or waters which contribute to the flow of streams within the
Yellowstone National Park, and desiring to provide for an
equitable division and apportionment of such waters, and to
encourage the beneficial development and use thereof,
acknowledging that in future projects or programs for the
regulation, control and use of water in the Yellowstone River
basin the great importance of water for irrigation in the
signatory states shall be recognized, have resolved to conclude
a compact as authorized under the act of congress of the United
States of America, approved June 2, 1949 (Public Law 83, 81st
congress, first session), for the attainment of these purposes,
and to that end, through their respective governments, have
named as their respective commissioners:
For the state of Montana:
Fred E. Buck
A. W. Bradshaw
H. W. Bunston
John Herzog
John M. Jarussi
Ashton Jones
Chris Josephson
A. Wallace Kingsbury
P. F. Leonard
Walter M. McLaughlin
Dave M. Manning
Joseph Muggli
Chester E. Onstad
Ed F. Parriott
R. R. Renne
Keith W. Trout
For the state of North Dakota:
I. A. Acker
Einar H. Dahl
J. J. Walsh
For the state of Wyoming:
L. C. Bishop
Earl T. Bower
J. Harold Cash
Ben F. Cochrane
Ernest J. Goppert
Richard L. Greene
E. C. Gwillim
E. J. Johnson
Lee E. Keith
N. V. Kurtz
Harry L. Littlefield
R. E. McNally
Will G. Metz
Mark N. Partridge
Alonzo R. Shreve
Charles M. Smith
Leonard F. Thornton
M. B. Walker
who, after negotiations participated in by R. J. Newell,
appointed as the representative of the United States of America,
have agreed upon the following articles, to-wit:
Article I
(a) Where the name of a state is used in this compact, as
a party thereto, it shall be construed to include the
individuals, corporations, partnerships, associations,
districts, administrative departments, bureaus, political
subdivisions, agencies, persons, permittees, appropriators, and
all others using, claiming, or in any manner asserting any right
to the use of the waters of the Yellowstone River system under
the authority of said state.
(b) Any individual, corporation, partnership, association,
district, administrative department, bureau, political
subdivision, agency, person, permittee, or appropriator
authorized by or under the laws of a signatory state, and all
others using, claiming, or in any manner asserting any right to
the use of the waters of the Yellowstone River system under the
authority of said state, shall be subject to the terms of this
compact. Where the singular is used in this article, it shall be
construed to include the plural.
Article II
(a) The state of Montana, the state of North Dakota, and
the state of Wyoming are hereinafter designated as "Montana",
"North Dakota", and "Wyoming", respectively.
(b) The terms "commission" and "Yellowstone River compact
commission" mean the agency created as provided herein for the
administration of this compact.
(c) The term "Yellowstone River basin" means areas in
Wyoming, Montana, and North Dakota drained by the Yellowstone
River and its tributaries, and includes the area in Montana
known as Lake Basin, but excludes those lands lying within
Yellowstone National Park.
(d) The term "Yellowstone River system" means the
Yellowstone River and all of its tributaries, including springs
and swamps, from their sources to the mouth of the Yellowstone
River near Buford, North Dakota, except those portions thereof
which are within or contribute to the flow of streams within the
Yellowstone National Park.
(e) The term "tributary" means any stream which in a
natural state contributes to the flow of the Yellowstone River,
including interstate tributaries and tributaries thereof, but
excluding those which are within or contribute to the flow of
streams within the Yellowstone National Park.
(f) The term "interstate tributaries" means the Clarks
Fork, Yellowstone River; the Bighorn River (except Little
Bighorn River); the Tongue River; and the Powder River, whose
confluences with the Yellowstone River are respectively at or
near the city (or town) of Laurel, Big Horn, Miles City, and
Terry, all in the state of Montana.
(g) The terms "divert" and "diversion" mean the taking or
removing of water from the Yellowstone River or any tributary
thereof when the water so taken or removed is not returned
directly into the channel of the Yellowstone River or of the
tributary from which it is taken.
(h) The term "beneficial use" is herein defined to be that
use by which the water supply of a drainage basin is depleted
when usefully employed by the activities of man.
(j) 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.
(k) The term "stock water use" shall mean the use of water
for livestock and poultry.
Article III
(a) It is considered that no commission or administrative
body is necessary to administer this compact or divide the
waters of the Yellowstone River basin as between the states of
Montana and North Dakota. The provisions of this compact, as
between the states of Wyoming and Montana, shall be administered
by a commission composed of one (1) representative from the
state of Wyoming and one (1) representative from the state of
Montana, to be selected by the governors of said states as such
states may choose, and one (1) representative selected by the
director of the United States geological survey or whatever
federal agency may succeed to the functions and duties of that
agency, to be appointed by him at the request of the states to
sit with the commission and who shall, when present, act as
chairman of the commission without vote, except as herein
provided.
(b) The salaries and necessary expenses of each state
representative shall be paid by the respective state; all other
expenses incident to the administration of this compact not
borne by the United States shall be allocated to and borne
one-half by the state of Wyoming and one-half by the state of
Montana.
(c) In addition to other powers and duties herein
conferred upon the commission and the members thereof, the
jurisdiction of the commission shall include the collection,
correlation, and presentation of factual data, the maintenance
of records having a bearing upon the administration of this
compact, and recommendations to such states upon matters
connected with the administration of this compact, and the
commission may employ such services and make such expenditures
as reasonable and necessary within the limit of funds provided
for that purpose by the respective states, and shall compile a
report for each year ending September 30 and transmit it to the
governors of the signatory states on or before December 31 of
each year.
(d) The secretary of the army; the secretary of the
interior; the secretary of agriculture; the chairman, federal
power commission; the secretary of commerce, or comparable
officers of whatever federal agencies may succeed to the
functions and duties of these agencies, and such other federal
officers and officers of appropriate agencies of the signatory
states having services or data useful or necessary to the
compact commission, shall cooperate, ex officio, with the
commission in the execution of its duty in the collection,
correlation, and publication of records and data necessary for
the proper administration of the compact; and these officers may
perform such other services related to the compact as may be
mutually agreed upon with the commission.
(e) The commission shall have power to formulate rules and
regulations and to perform any act which they may find necessary
to carry out the provisions of this compact, and to amend such
rules and regulations. All such rules and regulations shall be
filed in the office of the state engineer of each of the
signatory states for public inspection.
(f) In case of the failure of the representatives of
Wyoming and Montana to unanimously agree on any matter necessary
to the proper administration of this compact, then the member
selected by the director of the United States geological survey
shall have the right to vote upon the matters in disagreement
and such points of disagreement shall then be decided by a
majority vote of the representatives of the states of Wyoming
and Montana and said member selected by the director of the
United States geological survey, each being entitled to one (1)
vote.
(g) The commission herein authorized shall have power to
sue and be sued in its official capacity in any federal court of
the signatory states, and may adopt and use an official seal
which shall be judicially noticed.
Article IV
The commission shall itself, or in conjunction with other
responsible agencies, cause to be established, maintained, and
operated such suitable water gaging and evaporation stations as
it finds necessary in connection with its duties.
Article V
(a) Appropriative rights to the beneficial uses of the
water of the Yellowstone River system existing in each signatory
state as of January 1, 1950, shall continue to be enjoyed in
accordance with the laws governing the acquisition and use of
water under the doctrine of appropriation.
(b) Of the unused and unappropriated waters of the
interstate tributaries of the Yellowstone River as of January 1,
1950, there is allocated to each signatory state such quantity
of that water as shall be necessary to provide supplemental
water supplies for the rights described in paragraph (a) of this
article V, such supplemental rights to be acquired and enjoyed
in accordance with the laws governing the acquisition and use of
water under the doctrine of appropriation, and the remainder of
the unused and unappropriated water is allocated to each state
for storage or direct diversions for beneficial use on new lands
or for other purposes as follows:
(i) Clarks Fork, Yellowstone River
(A) To Wyoming ................ sixty percent
(60%)
To Montana ..................... forty percent (40%)
(B) The point of measurement shall be below the
last diversion from Clarks Fork above Rock Creek.
(ii) Bighorn River (Exclusive of Little Bighorn
River)
(A) To Wyoming ............... eighty percent
(80%)
To Montana .................... twenty percent (20%)
(B) The point of measurement shall be below the
last diversion from the Bighorn River above its junction with
the Yellowstone River, and the inflow of the Little Bighorn
River shall be excluded from the quantity of water subject to
allocation.
(iii) Tongue River
(A) To Wyoming ................ forty percent
(40%)
To Montana ..................... sixty percent (60%)
(B) The point of measurement shall be below the
last diversion from the Tongue River above its junction with the
Yellowstone River.
(iv) Powder River (Including the Little Powder River)
(A) To Wyoming ............ forty-two percent
(42%)
To Montana ............... fifty-eight percent (58%)
(B) The point of measurement shall be below the
last diversion from the Powder River above its junction with the
Yellowstone River.
(c) The quantity of water subject to the percentage
allocations, in paragraph (b) (i), (ii), (iii) and (iv) of this
article V, shall be determined on an annual water year basis
measured from October 1st of any year through September 30th of
the succeeding year. The quantity to which the percentage
factors shall be applied through a given date in any water year
shall be, in acre-feet, equal to the algebraic sum of:
(i) The total diversions, in acre-feet, above the
point of measurement, for irrigation, municipal, and industrial
uses in Wyoming and Montana developed after January 1, 1950,
during the period from October 1st to that given date;
(ii) The net change in storage, in acre-feet, in all
reservoirs in Wyoming and Montana above the point of measurement
completed subsequent to January 1, 1950, during the period from
October 1st to that given date;
(iii) The net change in storage, in acre-feet, in
existing reservoirs in Wyoming and Montana above the point of
measurement, which is used for irrigation, municipal, and
industrial purposes developed after January 1, 1950, during the
period October 1st to that given date;
(iv) The quantity of water, in acre-feet, that passed
the point of measurement in the stream during the period from
October 1st to that given date.
(d) All existing rights to the beneficial use of waters of
the Yellowstone River in the states of Montana and North Dakota,
below Intake, Montana, valid under the laws of these states as
of January 1, 1950, are hereby recognized and shall be and
remain unimpaired by this compact. During the period May 1 to
September 30, inclusive, of each year, lands within Montana and
North Dakota shall be entitled to the beneficial use of the flow
of waters of the Yellowstone River below Intake, Montana, on a
proportionate basis of acreage irrigated. Waters of tributary
streams, having their origin in either Montana or North Dakota,
situated entirely in said respective states and flowing into the
Yellowstone River below Intake, Montana, are allotted to the
respective states in which situated.
(e) There are hereby excluded from the provisions of this
compact:
(i) Existing and future domestic and stock water uses
of water: Provided, that the capacity of any reservoir for stock
water so excluded shall not exceed twenty (20) acre-feet;
(ii) Devices and facilities for the control and
regulation of surface waters.
(f) From time to time the commission shall reexamine the
allocations herein made and upon unanimous agreement may
recommend modifications therein as are fair, just, and
equitable, giving consideration among other factors to:
(i) Priorities of water rights;
(ii) Acreage irrigated;
(iii) Acreage irrigable under existing works; and
(iv) Potentially irrigable lands.
Article VI
Nothing contained in this compact shall be so construed or
interpreted as to affect adversely any rights to the use of the
waters of Yellowstone River and its tributaries owned by or for
Indians, Indian tribes, and their reservations.
Article VII
(a) A lower signatory state shall have the right, by
compliance with the laws of an upper signatory state, except as
to legislative consent, to file application for and receive
permits to appropriate and use any waters in the Yellowstone
River system not specifically apportioned to or appropriated by
such upper state as provided in article V; and to construct or
participate in the construction and use of any dam, storage
reservoir, or diversion works in such upper state for the
purpose of conserving and regulating water that may be
apportioned to or appropriated by the lower state: provided,
that such right is subject to the rights of the upper state to
control, regulate, and use the water apportioned to and
appropriated by it: and provided further, that should an upper
state elect, it may share in the use of any such facilities
constructed by a lower state to the extent of its reasonable
needs upon assuming or guaranteeing payment of its proportionate
share of the cost of the construction, operation, and
maintenance. This provision shall apply with equal force and
effect to an upper state in the circumstance of the necessity of
the acquisition of rights by an upper state in a lower state.
(b) Each claim hereafter initiated for an appropriation of
water in one (1) signatory state for use in another signatory
state shall be filed in the office of the state engineer of the
signatory state in which the water is to be diverted, and a
duplicate copy of the application or notice shall be filed in
the office of the state engineer of the signatory state in which
the water is to be used.
(c) Appropriations may hereafter be adjudicated in the
state in which the water is diverted, and where a portion or all
of the lands irrigated are in another signatory state, such
adjudications shall be confirmed in that state by the proper
authority. Each adjudication is to conform with the laws of the
state where the water is diverted and shall be recorded in the
county and state where the water is used.
(d) The use of water allocated under article V of this
compact for projects constructed after the date of this compact
by the United States of America or any of its agencies or
instrumentalities, shall be charged as a use by the state in
which the use is made: provided, that such use incident to the
diversion, impounding, or conveyance of water in one (1) state
for use in another shall be charged to such latter state.
Article VIII
A lower signatory state shall have the right to acquire in
an upper state by purchase, or through exercise of the power of
eminent domain, such lands, easements, and rights-of-way for the
construction, operation, and maintenance of pumping plants,
storage reservoirs, canals, conduits, and appurtenant works as
may be required for the enjoyment of the privileges granted
herein to such lower state. This provision shall apply with
equal force and effect to an upper state in the circumstance of
the necessity of the acquisition of rights by an upper state in
a lower state.
Article IX
Should any facilities be constructed by a lower signatory
state in an upper signatory state under the provisions of
article VII, the construction, operation, repairs, and
replacements of such facilities shall be subject to the laws of
the upper state. This provision shall apply with equal force and
effect to an upper state in the circumstance of the necessity of
the acquisition of rights by an upper state in a lower state.
Article X
No water shall be diverted from the Yellowstone River basin
without the unanimous consent of all the signatory states. In
the event water from another river basin shall be imported into
the Yellowstone River basin or transferred from one (1)
tributary basin to another by the United States of America,
Montana, North Dakota, or Wyoming, or any of them jointly, the
state having the right to the use of such water shall be given
proper credit therefor in determining its share of the water
apportioned in accordance with article V herein.
Article XI
The provisions of this compact shall remain in full force
and effect until amended in the same manner as it is required to
be ratified to become operative as provided in article XV.
Article XII
This compact may be terminated at any time by unanimous
consent of the signatory states, and upon such termination all
rights then established hereunder shall continue unimpaired.
Article XIII
Nothing in this compact shall be construed to limit or
prevent any state from instituting or maintaining any action or
proceeding, legal or equitable, in any federal court or the
United States supreme court, for the protection of any right
under this compact or the enforcement of any of its provisions.
Article XIV
The physical and other conditions characteristic of the
Yellowstone River and peculiar to the territory drained and
served thereby and to the development thereof, have actuated the
signatory states in the consummation of this compact, and none
of them, nor the United States of America by its consent and
approval, concedes thereby the establishment of any general
principle or precedent with respect to other interstate streams.
Article XV
This compact shall become operative when approved by the
legislature of each of the signatory states and consented to and
approved by the congress of the United States.
Article XVI
(a) Nothing in this compact shall be deemed:
(i) To impair or affect the sovereignty or
jurisdiction of the United States of America in or over the area
of waters affected by such compact, any rights or powers of the
United States of America, its agencies, or instrumentalities, in
and to the use of the waters of the Yellowstone River Basin nor
its capacity to acquire rights in and to the use of said waters;
(ii) To subject any property of the United States of
America, its agencies, or instrumentalities to taxation by any
state or subdivision thereof, nor to create an obligation on the
part of the United States of America, its agencies, 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 subdivision thereof,
state agency, municipality, or entity whatsoever in
reimbursement for the loss of taxes;
(iii) To subject any property of the United States of
America, its agencies, or instrumentalities, to the laws of any
state to an extent other than the extent to which these laws
would apply without regard to the compact.
Article XVII
Should a court of competent jurisdiction hold any part of
this compact to be contrary to the constitution of any signatory
state or of the United States of America, all other severable
provisions of this compact shall continue in full force and
effect.
Article XVIII
No sentence, phrase, or clause in this compact or in any
provision thereof, shall be construed or interpreted to divest
any signatory state or any of the agencies or officers of such
states of the jurisdiction of the water of each state as
apportioned in this compact.
IN WITNESS WHEREOF the commissioners have signed this
compact in quadruplicate original, 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 signatory state.
Done at the city of Billings in the state of Montana, this
8th day of December, in the year of our Lord, one thousand nine
hundred and fifty.
Commissioners for the state of Montana:
Fred E. Buck /s/ Fred E. Buck
A. W. Bradshaw /s/ A. W. Bradshaw
H. W. Bunston /s/ H. W. Bunston
John Herzog /s/ John Herzog
John M. Jarussi /s/ John M. Jarussi
Ashton Jones /s/ Ashton Jones
Chris Josephson /s/ Chris Josephson
A. Wallace Kingsbury /s/ A. Wallace Kingsbury
P. F. Leonard /s/ P. F. Leonard
Walter M. McLaughlin /s/ Walter M. McLaughlin
Dave M. Manning /s/ Dave M. Manning
Joseph Muggli /s/ Joseph Muggli
Chester E. Onstad /s/ Chester E. Onstad
Ed F. Parriott /s/ Ed F. Parriott
R. R. Renne /s/ R. R. Renne
Keith W. Trout /s/ Keith W. Trout
Commissioners for the State of North Dakota:
I. A. Acker /s/ I. A. Acker
Einar H. Dahl /s/ Einar H. Dahl
J. J. Walsh /s/ J. J. Walsh
Commissioners for the State of Wyoming:
L.C. Bishop /s/ L. C. Bishop
Earl T. Bower /s/ Earl T. Bower
J. Harold Cash /s/ J. Harold Cash
Ben F. Cochrane /s/ Ben F. Cochrane
Ernest J. Goppert /s/ Ernest J. Gopper
Richard L. Greene /s/ Richard L. Greene
E. C. Gwillim /s/ E. C. Gwillim
E. J. Johnson /s/ E. J. Johnson
Lee E. Keith /s/ Lee E. Keith
N. V. Kurtz /s/ N. V. Kurtz
Harry L. Littlefield /s/ Harry L. Littlefield
R. E. McNally /s/ R. E. McNally
Will G. Metz /s/ Will G. Metz
Mark N. Partridge /s/ Mark N. Partridge
Alonzo R. Shreve /s/ Alonzo R. Shreve
Charles M. Smith /s/ Charles M. Smith
Leonard F. Thornton /s/ Leonard F. Thornton
M. B. Walker /s/ M. B. Walker
I have participated in the negotiation 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.