An Act to consent to the Kansas-Nebraska Big Blue River compact
PL 92-308 (H.R.8116), enacted 06/02/1972

86 
STAT.] 
PUBLIC LAW 92-308-JUNE 2, 1972 
193 
Public Law 92-308 
AN ACT 
To consent to the Kansas-Nebraska Big Blue River Compact. 
June 2,1972 
[H. R. 8116] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assemhled^ That the Congress Nib^aska'si Blue 
consents to the Kansas-Nebraska Big Blue River Compact which is RivJ^compa^ct. " 
substantially as follows: 
consent o
f 
Congress. 
"KANSAS-NEBRASKA BIG BLUE RIVER COMPACT 
u 
PREAMBLE 
"The State of Kansas and the State of Nebraska, acting through 
their duly authorized Compact representatives, Keith S. Krause for 
the State of Kansas and Dan S. Jones, Jr., for the State of Nebraska, 
after negotiations participated in by Elmo W. McClendon, appointed 
by the President as the representative of the United States of America, 
and in accordance with the consent to such negotiations granted by an 
Act of Congress of the United States of America, approved June 3, 
1960, Public Law 489, 86th Congress, 2nd Session, have agreed that 
the major purposes of this Compact concerning the waters of the Big 
Blue River and its tributaries are: 
"A. To promote interstate comity between the States of 
Nebraska and Kansas; 
"B. To achieve an equitable apportionment of the waters of 
the Big Blue River Basm between the two States and to promote 
orderly development thereof; and 
"C. To encourage continuation of the active pollution-abate-
ment programs in each of the two States and to seek further 
reduction in both natural and man-made pollution of the waters 
of the Big Blue River Basin. 
"To accomplish these purposes, the said States have agreed as set 
forth in the following Articles. 
" 'ARTICLE I—DEFINITIONS 
" 'As used in this Compact: 
" '1.1 The term "State" shall mean either State signatory hereto, 
and it shall be construed to include any person, entity, or agency of 
either State who, by reason of official responsibility or by designation 
of the Governor of the State, is acting as an official representative of 
the State; 
" '1.2 The term "Kansas-Nebraska Big Blue River Compact Admin-
istration," or the term "Administration," means the agency created 
by this Compact for the administration thereof; 
" '1.3 The term "Big Blue River Basin" means all of the drainage 
basin of the Big Blue and Little Blue Rivers in Nebraska and Kansas 
downstream to the confluence of the Big Blue River with the Kansas 
River near Manhattan, Kansas ; 
" '1.4 The term "Big Blue River Basin in Nebraska" means all of 
the drainage basin of the Big Blue River in Nebraska and is exclusive 
of the drainage basin of the Little Blue River in Nebraska; 
" '1.5 The term "minimum mean daily flow" means the minimum 
mean flow for any one calendar day; 
" '1.6 The term "pollution" means contamination or other undesir-
able alteration of any of the physical, chemical, biological, radiologi-
cal, or thermal properties of the waters of the basin, or the discharge 
into the waters of the basin of any liquid, gaseous, or solid substances 
74 Stat. 160. 
194 
PUBLIC LAW 92-308-JUNE 2, 1972 
[86 STAT. 
that create or are likeJy to result in a nuisance, or tJiat render or are 
likely to render the waters into which they are discharged hai-niful, 
detrimental, or injurious to public health, safety, or welfare, or that 
are harmful, detrimental or mjurious to beneficial uses of the water; 
" '1.7 The term "water project" means any physical structure or any 
man-made changes which affect the quantity or quality of natural 
water supplies or natural streamflows and which are designed to bring 
about greater beneficial use of the water resources of an area; 
" '1.8 The term "natural flow" means that portion of the flow in a 
natural stream that consists of direct runoff from precipitation on the 
land surface, ground-water infiltration to the stream, return flows to 
the natural stream from municipal, agricultural, or other uses, and 
releases from storage for no designated beneficial use; 
" '1.9 The term "inactive water appropriation" means a water right 
that is subject to cancellation or termination foi- non-use. 
" 'ARTICLE II—DESCKIPTION or THE livsix 
" '2.1 The Big Blue River, a tributary of the Kansas River, drains 
an area of 9,696 square miles in south central Nebi'aska and north 
central Kansas. About 75 percent of the Big Blue River Basin is in 
Nebraska, and the remainder is in Kansas. The Big Blue River and 
its principal tributary, the Little Blue River, join near Blue Rapids, 
Kansas. From there, the Big Blue River flows generally southward 
to join the Kansas River near Manhattan, Kansas, as shown on Ex-
hibit A. 
" '2.2 Much of the upper portion of the basin in Nebraska is under-
lain with sands and gravels that supply large quantities of water to 
irrigation wells. The lower portion of the basin in Nebraska and that 
portion of the basin in Kansas lack significant ground-water supplies 
except within the major stream valleys. 
' 
" 'ARTICLE III—ORGANIZATION or COMPACT ADMINISTRATION 
" '3.1 ADMINISTRATION AGENCY. There is hereby established an 
interstate administrative agency, to be known as the "Kansas-
Nebraska Big Blue River Compact Administration," to administer 
the Compact. 
" '3.2 ADMINISTRATION MEMBERSHIP. The Administration shall be 
composed of one ex officio member and one advisory member from each 
State, plus a Federal member to be appointed by the President if he 
so desires. The ex officio member from each State shall be the official 
charged with the duty of administering the laws of his State pertain-
ing to water rights. Said official shall designate a representative who 
may serve in his place at meetings of the Administration. All actions 
taken by the designated representative in the transaction of tlie busi-
ness of the Administration shall be in the name of the official he rep-
resents and shall be binding on that official. The advisory member from 
each State may serve in any capacity within the Administration. He 
shall reside in the Big Blue Ri\er Basin portion of the State he 
represents. 
" 'The Governor of each State shall appoint the advisory member 
from that State for a term of 4 years. This appointment shall be made 
within 90 days after the effective date of this Compact. 
" '3.3 ADMINISTRATION GOVERNMENT, The Administration shall hold 
its first meeting within 120 days after the effective date of this Com-
pact, and it shall meet at least annually thereafter. The Federal mem-
ber, if one be designated, shall serve as Chairman, without vote. If no 
Federal repr-esentative is appointed, the Administration shall select a 
86 STAT. ] 
PUBLIC LAW 92-308-JUNE 2, 1972 
195 
Chairman, in addition to such officers as may be provided for in the 
rules and regulations, to serve at the will of the Administration. A 
meeting quorum shall consist of the ex officio members from both 
States, or their designated representatives. Each State shall have but 
one vote, cast by the ex officio member or his representative. All actions 
must be approved by both ex officio members or their representatives. 
Minutes of each meeting shall be kept, and they shall be available for 
public inspection. 
" '3.4 ADMINISTRATION POWERS AND DUTIES. The Administration 
shall have the power to adopt rules and regulations consistent with the 
provisions of this Compact, to enforce such rules and regulations, and 
to otherwise carry out its responsibilities. It may institute action in 
its own name in courts of competent jurisdiction to compel compliance 
with the provisions of this Compact and with the rules and regulations 
it adopts. 
" 'The Administration is hereby authorized to employ the technical 
and clerical staff necessary to carry out its functions, and to maintain 
the office and appurtenances necessary to conduct its business. It may 
employ attorneys, engineers, or other consultants. It may purchase 
equipment and services necessary to its functions. 
" 'The Administration shall publish an annual report including a 
^^P"''*-
review of its activities and financial status. It may also prepare and 
publish such other reports and publications as it deems necessary. 
" 'In order to provide a sound basis for carrying out the apportion-
ment provisions of this Compact, the Administration shall cause to be 
established such stream-gaging stations, ground-water observation 
wells, and other data-collection facilities as are necessary for adminis-
tering this Compact; and it shall install such other equipment and col-
lect such data therefrom, for a period of not less than 5 years, as are 
necessary or desirable for evaluating the effects of pumping of wells 
on the 
flow^s 
of the Big Blue and Little Blue Rivers at the Kansas-
Nebraska State line. The well area to be considered is described in 
Article V, paragraph 5.2. 
" 'The Administration shall have authority to accept funds from 
local. State, and Federal sources. It may enter into cooperative agree-
ments and contribute f 
mids to support such data-collection and analy-
sis programs as are necessary for administration of the Compact. 
" 'ARTICLE IV—RESPONSIBILITY OF EACH STATE 
" '4.1 EXPENSES OF ADMINISTRATION. Each State and Federal mem-
ber of the Administration shall receive such compensation and such 
reimbursement for travel and subsistence as are provided by the gov-
ernment he represents, and he shall be paid by that government. 
" '4.2. BUDGET. Each year, the Administration shall prepare a prop-
erly documented budget covering the anticipated expenditures of the 
Administration for the following fiscal period. Each State shall make 
provision in its budget for funds to pay its share of the expenses of 
the Administration, which shall be divided equally between the States 
of Kansas and Nebraska. The Administration shall establish a fund 
to which each State shall contribute equally and from which the 
expenses of the Administration shall be paid. 
" '4.3 RECORDS AND INFORMATION. The State of Kansas and the State 
of Nebraska shall cooperate with the Administration and furnish 
to it such records, information, plans, data, and assistance as may be 
reasonably available; and they shall keep the Administration advised 
of Federal activities in connection with planning, design, construction, 
operation, and maintenance of water-resource projects in the Big 
Blue River Basin. 
196 
PUBLIC LAW 92-308-JUNE 2, 1972 
[86 STAT. 
*' 'Any local, public, or private agency collecting- water data or 
planning, designing, constructing, operating, or maintaining any 
water project or facility in the Big Blue Eiver Basin shall keep the 
Administration advised of its investigations and of any proposed 
changes and additions to existing projects and facilities, and it shall 
submit plans for new projects to the Administration for review of 
those project aspects affecting snrface-water flowage and quality. 
' ' ' A K T K ' L K V—ArPORTIONMENT OF W A T E R S OF THE B l « 
B L D E 
RIVER BASIN 
" '5.1 PRINCIPLES OF APPORTIONMENT. The physical and other con-
ditions peculiar to the Big Blue River Basin constitute the basis for 
this apportionment, and neither of the signatory States hereby, nor the 
Congress of the United States by its consent hereto, concedes that this 
apportionment establishes any general principle with respect to any 
other interstate stream. 
'' 'The States of Kansas and Nebraska subscribe to the principle of 
including storage capacity for low-flow regulaticm in reservoirs con-
str-ucted Dy the U.S. Bur-eau of Reclamation and the U.S. Army Corps 
of Engineers, and to the principle of such administration as is required 
to assure that water released from storage for low-flow regulation 
shall remain available in the stream to accomplish its intended purpose. 
"'5.2 NEBRASKA APPORTIONMENT.—The State of Nebraska shall 
have free and unrestricted use of the waters of the Little Blue and Big-
Blue River Basins in Nebraska, such use to be in accordance with the 
laws of the State of Nebraska, subject to the limitations set forth 
below. 
" '(a) Water appropriations of record in the Little Blue and Big 
Blue River Basins in Nebraska on November 1, 1968, that were then 
inactive shall be cancelled by due process of laws in effect in that State. 
"'(b) During the period. May 1-September 30 the State of 
Nebraska shall regulate diversions from natural flow of Streams in the 
Little Blue and Big Blue River Basins by water appropriators junior 
to November 1, 1968, in order to maintain minimum mean daily flows 
at the state-line gaging stations (which are now located at Fairbury 
and Barneston, respectively, but which may be relocated at such other 
))laces as may be designated state-line gaging stations by the Adminis-
tration) during each month as follows: 
Little Blue River 
Big Blue River 
-May 
45 cfs 
May 
45 cfs 
June 
45 cfs 
.June 
45 cfs 
Ji;ly 
75 cfs 
July 
80 cfs 
August 
80 cfs 
August 
90 cfs 
September 
60 cfs 
September 
65 cfs 
'' 'Whe2i such action is necessary to maintain the above schedule of 
Hows, the State of Nebraska shall: 
"'(1) 
Limit diversions by natural-flow 
appropriators in 
Nebraska in accordance with theii- water appropriations; 
'"(2) Clo.se, in reverse order of priority, natural-flow appro-
priations with priority dates subsequent to November 1, 1968, 
including rights to store water in the conservation-storage zones 
of reservoirs; 
" '(3) Enjoin all persons not holding valid natural-flow appro-
priations from taking water during periods when the exercise of 
junior natural-flow appropriations is being restricted; 
" '(4) Regulate, in the same manner that divereion of natural 
flows is reirulated, withdrawals of water from irrigation wells 
installed aftei- November 1, 1968, except equivalent wells drilled 
86 STAT. ] 
PUBLIC LAW 92-308-JUNE 2, 1972 
197 
to replace wells installed before that date, in the alluvium and 
valley side terrace deposits within one mile from the thread of 
the river and between the mouth of Walnut Creek and the Kansas-
Nebraska State line on the Little Blue Eiver and between the 
mouth of Turkey Creek and the Kansas-Nebraska State line on 
the Big Blue River (as delineated on Exhibits A and B of Supple-
ment No. 1 to the Report of the Engineering Committee) pro-
vided that, if the regulation of such wells fails to yield an3^ 
measurable increases in flows at the state-line gaging stations as 
determined by the investigations to be undertaken under Article 
III, paragraph 3.4, the regulation of such wells shall be discon-
tinued. Determination of the effect on streamflow of the pumping 
of such wells shall rest with the administration. 
" 'Delivery of water under the terms of this article shall be deemed 
to be in compliance with its provisions when the amounts passing the 
state-line gaging stations are substantially equivalent to the scheduled 
amounts. Minor irregularities in flow shall be disregarded. 
'"(c) The storage capacity provided in reservoirs in the Little 
Blue River Basin m Nebraska shall be limited to a total of 200,000 
acre-feet. Similarly, the storage capacity in reservoirs in the Big 
Blue River Basin in Nebraska shall be limited to 500,000 acre-feet. 
These limitations are exclusive of storage capacity that may be found 
necessary for regulation and use of waters imported into these basins 
in Nebraska; exclusive of storage capacity in small reservoir projects 
where the storage of water for subsequent use is less than 200 acre-feet; 
exclusive of storage capacity allocated to sedimentation and flood 
control; and exclusive of storage capacity allocated to, and from which 
water is released to accomplish low-flow augmentation for improve-
ment of water quality, for fishery, wildlife, or recreation purposes, or 
for meeting the flow schedules at the Kansas-Nebraska State line as set 
out in Article V, paragraph 5.2. 
" '5.3 KANSAS APPORTIONMENT. The State of Kansas shall have free 
and unrestricted use of all waters of the Big Blue River Basin flow-
ing into Kansas from Nebraska in accordance with this Compact, and 
of all waters of the basin originating in Kansas, excepting such waters 
as may, in the future, flow from Kansas into Nebraska. 
" '5.4 TRANSBASIN DIVERSION. In the event of any importation of 
water into the Big Blue River Basin by either State, the State making 
the importation shall have exclusive use of such imported water, 
including identifiable return flows therefrom. Neither State shall 
authorize the exportation from the Big Blue River of water originat-
ing within that basin without the approval of the administration. 
" 'ARTICLE VI—^WATER QUALITY CONTROL 
" '6.1 The States of Kansas and Nebraska mutually agree to the 
principle of individual State efforts to control natural and man-made 
water pollution within each State and to the continuing support of 
both States in active water pollution control programs. 
" '6.2 The two States agree to cooperate, through their appropriate 
State agencies, in the investigation, abatement, and control of sources 
of alleged interstate pollution within the Big Blue River Basin 
whenever such sources are called to their attention by the Adminis-
tration. 
" '6.3 The two States agree to cooperate in maintaining the quality 
of the waters of the Big Blue River Basin at or above such water 
quality standards as may be adopted, now or hereafter, by the water 
pollution control agencies of the respective States in compliance with 
the provisions of the Federal Water Quality Act of 1965, and amend- 
^^ ^tat. 903. 
mentsthereto. 
note.^^^ ^^^^ 
198 
PUBLIC LAW 92-308-JUNE 2, 1972 
[86 STAT. 
" '6.4 The two States agree to the principle that neither State may 
require the other to provide water for the purpose of water quality 
control as a substitute for adequate waste treatment. 
" 'ARTICLE VII—GENERAL PROVISIONS 
" '7.1 RIGHT TO STORE WATER IN UPPER STATE. The right of the State 
of Kansas or of any person, corporation, local agency, or entity in 
Kansas to construct or participate in the future construction and use 
of any storage reservoir or diversion works in the Big Blue and Little 
Blue Basins of Nebraska for the purpose of regulating water to be 
used in Kansas shall never be denied: Provided^ That such right is sub-
ject to the laws of the State of Nebraska and that any such storage 
for use by Kansas shall be excluded from the limitations on storage 
under Article V, paragraph 5.2 (c). 
" 'Releases of water from storage provided by Kansas interests in the 
State of Nebraska shall not be counted toward meeting the minimum 
flow requirements at the State line under the provisions of paragraph 
5.2(b). 
" '7.2 DISCLAIMER. Nothing contained in this Compact shall bo 
deemed: 
" '1. To impair, extend, or otherwise affect any right or power 
of the United States, its agencies, or its instrumentalities involved 
herein; 
" '2. To subject to the laws of the States of Kansas and Nebraska 
any property or rights of the United States that were not subject 
to the laws of those States prior to the date of this Compact; 
' " 3 . To interfere with or impair the ri^ht or DOwer of el^^er 
signatory State to regulate within its boundaries the appropria-
tion, use, and control of waters within that State consistent with 
its obligations under this Compact. 
" '7.3 INVALIDITT IN PART. Should a court of competent jurisdic-
tion hold any part of this Compact to be contrary to the constitution 
of either signatory State or to the Constitution of the United States, 
all other severable provisions of this Compact shall continue in full 
force and effect. 
" '7.4 FUTURE REVIEW. After the expiration of 5 years following 
the effective date of this Compact, the Administration may review 
any provision hereof; and it shall meet for such review whenever a 
member of the Administration from either State requests such review. 
All provisions hereof shall remain in full force and effect until changed 
and amended within the intent of the Compact by unanimous action 
of the Administration, and until such changes in this Compact are 
ratified by the Legislatures of the respective States and are consented 
to by the Congress of the United States, in the same manner that this 
Compact is required to be ratified and consented to before it becomes 
effective. 
" '7.5 TERMINATION. This Compact may be terminated at any time 
by appropriate action of the T^egislatures of both signatory States. In 
the event of amendment or termination of the Compact, the water-
resource developments made in compliance with, and reliant upon, this 
Compact shall continue unimpaired. 
" 'ARTICLE VIII—RATIFICATION 
" '8.1 This Compact shall become binding and obligatory when it 
shall have been ratified by the Legislature of each State and con-
sented to by the Congress' of the United States and when the Con-
gressional Act consenting to this Compact includes the consent of 
86 STAT. ] 
PUBLIC LAW 92-309-JUNE 2, 1972 
199 
Congress to name and join the United States as a party in any litiga-
tion in the United States Supreme Court, if the United States is an 
indispensable party and if the litigation arises out of this Compact 
or its application, and if a signatory State is a party thereto. 
" '8.2 Notice of ratification by the Legislatui-e of each State shall 
be given by the Governor of that State to the Governor of the other 
State and to the President of the United States, and the President is 
hereby requested to give notice to the Governor of each State of the 
consent by the Congress of the United States,' 
"IN WITNESS W H E R E O F the authorized representatives have 
executed three counterparts hereof, each of which shall be and con-
stitute an original, one of which shall be deposited with the Adminis-
trator of General Services of the United States, and one of which 
sha] 1 be forwarded to the Governor of each State. 
"Done at Lincoln, Nebraska, this 25th day of January 1971. 
"Keith S. Krause 
"KEITH S. KILVUSE 
"Commissioner for the State of Kansas 
"Dan S. Jones, Jr. 
"DAN S. JONES, Jr. 
"Commissioner for the State of Nebraska 
"APPROVED: 
"Elmo W. McClendon 
"ELMO W . MCCLENDON 
"Representative of the United States of America" 
SEC. 2. To carry out the purposes of Article V I I I of the Compact, 
the Congress hereby consents to have the United States named and 
joined as a party m any litigation in the United States Supreme 
Court, if the United States is an indispensable party and if the litiga-
tion arises out of the Compact or its application, and if a signatory 
State is a party thereto. 
SEC. 3. The right to alter, amend, or repeal this Act is expressly 
reserved. 
Approved June 2, 1972. 
Public Law 92-309 
AN ACT 
June 2, 1972 
To provide for the disposition of funds appropriated to pay judgments in 
[H. R. 5199] 
favor of tlie Miami Tribe of Oklalioma and tlie Miami Indians of Indiana 
in Indian Claims Commission docltets numbered 255 and 124-C, doclvets num-
bered 256, 124-D, E, and F, and docliets numbered 131 and 253, and of funds 
appropriated to pay a judgment in favor of the Miami Tribe of Oklahoma in 
docket numbered 251-A, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the funds oi^i^dllla'^and^ 
appropriated by the Acts of July 22,1969 (83 Stat. 49), and January 8, Oklahoma. 
1971 (84 Stat. 1981), to pay judgments awarded to the Miami Tribe distribution^""'^^' 
of Oklahoma and the Miami Indians of Indiana in Indian Claims 
Commission dockets numbered 255 and 124-C, dockets numbered 256, 
124-D, E, and F, and dockets numbered 131 and 253, and to pay a 
judgment awarded to the Miami Tribe of Oklahoma in docket num-
bered 251-A, together with interest thereon, after payment of attorney 
fees and litigation expenses, shall be distributed as provided in this 
Act. 
SEC. 2. The Secretary may make appropriate withdrawals from 
the judgment funds and interest thereon, using interest funds first, 
to pay costs incident to carrying out the provisions of this Act. 
82-081 O - 73 - 16