## YELLOWSTONE RIVER COMPACT, 1950

[Signatory States:]{.underline}

Montana, North Dakota and Wyoming

[Rivers Controlled:]{.underline}

Yellowstone River and its tributaries (Clarks Fork, Big Horn, Tongue and
Powder), excluding Yellowstone National Park.

[Ratifications:]{.underline}

Wyo. Stat. 41-511 (1957) \[Act of Jan. 27,1951, Wyo. Session. Laws p.7\]

Mont. Rev. Code 89-903 (1947) \[Act of February 13, 1951, Mont. Laws p.
58\]

N. D. Century Code Ann. 61-23-01 (1960) \[Act of March 7, 1951, N. D.
Laws p. 505\]

[Summary:]{.underline}

The Compact deals basically with dividing the waters of the four
tributaries to the Yellowstone River. To all tributaries the following
rules apply: 1) existing rights as of January 1, 1950 maintain their
status quo; 2) no water may be diverted from the Yellowstone River Basin
without consent from all states; 3) existing and future domestic and
stock water uses including stock water reservoirs up to a capacity of 20
acre-feet are exempted from provisions of the Compact.

The unappropriated or unused total divertible flow of each tributary
after needs for supplemental supply for existing rights are met, is
allocated to Wyoming and Montana on a percentage basis.

## 

## YELLOWSTONE RIVER COMPACT, 1950

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 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 P. F. Leonard

A. W. Bradshaw Walter M. McLaughlin

H. W. Bunston Dave M. Manning

John Herzog Joseph Muggli

John M. Jarussi Chester E. Onstad

Ashton Jones Ed F. Parriott

Chris. Josephson R. R. Renne

A. Wallace Kingsbury 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 N. V. Kurtz

Earl T. Rower Harry L. Littlefield

J. Harold Cash R. E. McNally

Ben F. Cochrane Will G. Metz

Ernest J. Goppert Mark N. Partridge

Richard L. Greene Alonzo R. Shreve

E. C. Gwillim Charles M. Smith

E. J. Johnson Leonard F. Thornton

Lee E. Keith 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 the 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.

I. 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.

J. 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
representative from the State of Wyoming and one representative from the
State of Montana, to be selected by the Governors of said States as such
States may choose, and one 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 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:

1\. Clarks Fork, Yellowstone River

a\. To
Wyoming\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...60%

To
Montana\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...40%

b\. The point of measurement shall be below the last diversion from

Clarks Fork above Rock Creek.

2\. Bighorn River (Exclusive of Little Bighorn River)

a\. To
Wyoming\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...80%

To
Montana\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...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.

3\. Tongue River

a\. To
Wyoming\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...40%

To
Montana\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...60%

b\. The point of measurement shall be below the last diversion from

theTongue River above its junction with the Yellowstone River.

4\. Powder River (Including the Little Powder River)

a\. To
Wyoming\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....42%

To
Montana\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....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 1, 2, 3, and 4 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:

1\. 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 lst to
that given date;

2\. 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 lst to that given
date;

3\. 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 lst to that given date:

4\. The quantity of water, in acre-feet, that passed the point of
measurement in the stream during the period from October lst 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:

> 1\. Existing and future domestic and stock water uses of water:
> [Provided]{.underline}, That the capacity of any reservoir for stock
> water so excluded shall not exceed 20 acre-feet;

2\. Devices and facilities for the control and regulation of surface
waters.

F. From time to time the Commission shall re-examine the allocations
herein made and upon unanimous agreement may recommend modifications
therein as are fair, just, and equitable, giving consideration among
other factors to:

Priorities of water rights;

Acreage irrigated;

Acreage irrigable under existing works; and

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]{.underline}, 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]{.underline},
[provided further]{.underline}, 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
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]{.underline},
That such use incident to the diversion, impounding, or conveyance of
water in one 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 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 therefore 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

Nothing in this Compact shall be deemed:

\(a\) 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;

\(b\) 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;

\(c\) 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 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 P. F. LEONARD

A. W. BRADSHAW WALTER M. McLAUGHLIN

H. W. BUNSTON DAVE M. MANNING

JOHN HERZOG JOSEPH MUGGLI

JOHN M. JARUSSI CHESTER E. ONSTAD

ASHTON JONES ED F. PARRIOTT

CHRIS JOSEPHSON R. R. RENNE

A. WALLACE KINGSBURY KEITH W. TROUT

Commissioners for the State of North Dakota:

I. A. ACKER J. J. WALSH

EINAR H. DAHL

Commissioners for the State of Wyoming:

L. C. BISHOP N. V. KURTZ

EARL T. BOWER HARRY L. LITTLEFIELD

J. HAROLD CASH R. E. McNALLY

BEN F. COCHRANE WILL G. METZ

ERNEST J. GOPPERT MARK N. PARTRIDGE

RICHARD L. GREENE ALONZO R. SHREVE

E. C. GWILLIM CHARLES M. SMITH

E. J. JOHNSON LEONARD F. THORNTON

LEE E. KEITH 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.

R. J. NEWELL

Representative of the United States of America

NOTES

[Congressional consent to negotiations]{.underline}.\-\--By the Act of
June 2, 1949 (63 Stat. 152), the Congress gave its consent to the
negotiation by the States of Montana, North Dakota, and Wyoming, of a
Yellowstone River Compact or agreement not later than June 1, 1952. The
consent was upon condition that \"one suitable person, who shall be
appointed by the President of the United States, shall participate in
said negotiations as the representative of the United States and shall
make a report to Congress of proceedings and of any compact or agreement
entered into.\" The Act further provided that the compact or agreement
should not be effective until \"approved\" by the legislatures of the
States and by the Congress and that \"nothing in this Act shall apply to
any waters within or tributary to the Yellowstone National Park or shall
establish any right or interest in or to any lands within the boundaries
thereof.

\"In a letter to Robert Newell, the Federal representative on the
Yellowstone River Compact negotiating commission, the President
expressed his views on certain possible compact provisions by reference
to the recently approved Snake River Compact. The text of the letter and
an attached memorandum from the Director of the Bureau of the Budget
follow:

\"May 3, 1950

\"MY DEAR MR. NEWELL: The purpose of this letter is to call your
attention to a problem of growing concern and, in the solution of which,
the Federal Representatives assigned to interstate water compact
commissions are in a position to perform a valuable public service. I
refer to the somewhat recent tendency to incorporate in interstate water
compacts questionable or conflicting provisions imposing restrictions on
use of waters by the United States, such as appear in the Snake River
Compact enactment which I approved on March 21, 1950 (Public Law 464,
81st Congress, 2nd Session).

\"In this particular case, the possibility of misinterpretation of
certain apparently conflicting provisions was not considered to be
serious enough to warrant withholding approval of the enrolled enactment
of the Congress (S.3159). Such provisions, however, if followed as
precedent for general application, may jeopardize the prospect of
consent and approval of compacts by the Federal Government because of
the far reaching effects such provisions might have upon the interests
of the United States. This matter is further discussed in a memorandum
to me from the Director of the Bureau of the Budget, a copy of which is
enclosed for your information and guidance.

\"I fully realize how difficult it is to resolve the numerous complex
jurisdictional and other problems encountered in reaching agreement upon
the allocation of waters of an interstate stream. At the same time, I am
impressed with the importance of insuring that compact provisions
reflect as clearly as possible a recognition of the respective
responsibilities and prerogatives of the United States and the affected
States. I can assure you that any efforts made by you and the other
compact commissioners, with whom you have occasion to collaborate in
eliminating or correcting this area of possible conflict, will be
appreciated.

\"Sincerely yours,

\"HARRY S TRUMAN\"

\"April 21, 1950

[\"Memorandum for the President]{.underline}:

\"Analysis of the enrolled enactment granting the consent and approval
of the Congress to the Snake River Compact, prior to your approval on
March 21, 1950, (Public Law 464, 81st Congress, 2nd Session), revealed
the possibility of misinterpretation of certain apparently conflicting
provisions, which did not appear to be serious enough in this particular
case to provide a sound basis for recommending disapproval of the bill,
but which, if followed as precedent for general application, might have
far reaching effects upon the interests of the United States. The
conflicts arise primarily between specific provisions imposing
restrictions upon uses of water by the United States for power and other
purposes, and the general savings clause in Article XIV. This article
provides that nothing in the compact shall be deemed to impair or affect
any rights or powers of the United States 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. By reason of such conflicts, doubts may arise as
to the extent of the control which the States concerned may exercise
over the rights, interests and structures owned or built by the United
States on the river. The resulting possibility of confusion thus tends
to defeat one of the basic purposes of the compact, of settling the
respective rights and interests of the Federal and State Governments in,
over and to the river.

\"The Committee on Public Lands of the House of Representatives, in its
report on the bill (S. 3159) recorded its interpretation of the term
\"beneficial uses\" appearing in Article XIV-B, as not regarded by the
Committee as including the use and control of water by the United States
by reason of its power with respect to navigable waters under the
commerce clause of the Constitution (H.R. Report No. 1743, 81st
Congress, 2nd Session). It is also significant that the Congress saw fit
to include in the enactment a provision (Section 2) expressly preserving
to the United States the right to alter, amend, and repeal the Act at
any time.

\"Somewhat similar provisions appear in the proposed Cheyenne River
Compact now pending before Congress (H.R. 3336 and S. 1211) and in the
Republican River Compact approved May 26, 1943, and the Belle Fourche
River Basin Compact approved February 26, 1944. In approving each of
these latter enactments, President Roosevelt issued a statement
emphasizing that the procedure prescribed by the bill for exercise of
the powers of the Federal Government, would not be entirely satisfactory
in all circumstances and that these compacts should not serve as
precedents, particularly for streams where there appears to be a
possible need for Federal comprehensive multiple purpose development or
where opportunities for important electric power projects are present.
Likewise the Snake River Compact should not serve as a precedent.

\"In its report on S. 3159 the Public Lands Committee of the Senate
expressed the view that the compact method is the logical and proper
manner to settle interstate water controversies. With this view I am in
accord but I am also mindful that compact provisions, which are subject
to misinterpretation or leave in d oubt the respective rights and
interests of the United States and the affected States, serve to impair
these rights. It is obvious therefore, that the compact method places
upon the compact commissioners the important responsibility of drawing
compacts in specific and unequivocal language, devoid of all possible
ambiguity, and which do not attempt to define, limit or otherwise
determine the extent of the powers to be exercised by the United States
which is a matter for determination by the Congress through Federal
legislation as required.

\"The importance of insuring that future compacts more adequately
reflect a clear recognition of the respective responsibilities and
prerogatives of the United States and the affected States, I believe is
readily apparent. In formulating provisions of interstate water
compacts, which impose restrictions upon use by the United States of
waters in the streams concerned, the responsibility for protecting the
rights and interests of the United States rests in the first instance
upon those appointed to represent the Federal Goverrunent in
negotiations with the State compactcommissions. The Federal
Representatives also are in a position to assist the compact
commissionin avoiding further use of questionable or conflicting
provisions similar to the aforementioned,in order to minimize the
possibility of disapproval of the compact by the State legislatures
orthe Federal Goverment, or the later possibility of prolonged and
costly litigation.

\"F. J. LAWTON

\"Director\"

[Congressional consent to compact]{.underline}.\-\--Act of October 30,
1951 (65 Stat. 663), from which the text of the compact above set out is
taken. Section 2 of this Act reads as follows:

\"The right to alter, amend or repeal section 1 of this Act is expressly
reserved. This reservation shall not be construed to prevent the vesting
of rights to the use of water pursuant to applicable law and no
alteration, amendment, or repeal of section 1 of this Act shall be held
to affect rights so vested.

\"For legislative history, see S. 1311 and H. R. 3544, 82nd Congress;
Senate Report 883 (Committee on Interior and Insular Affairs) and House
Report 1118 (Committee on Interior and Insular Affairs), 82nd Congress;
97 [Cong. Rec]{.underline}. 12954-12956, 13478-13480 (1951); P.L. 231,
82nd Congress.