A bill to consent to the amended Bear River Compact between the States of Utah, Idaho, and Wyoming.
PL 96-189 (H.R.4320), enacted 02/08/1980

94 STAT. 4 
PUBLIC LAW 96-189—FEB. 8, 1980 
Public Law 96-189 
96th Congress 
Feb. 8, 1980 
[H.R. 4320] 
Bear River 
Compact. 
Congressional 
consent. 
Amended 
agreement by 
Idaho, Utah, and 
Wyoming. 
Definitions. 
An Act 
To consent to the amended Bear River Compact between the States of Utah, Idaho, 
and Wyoming. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the consent of 
Congress is given to the amended Bear River Compact between the 
States of Idaho, Utah, and Wyoming. Such compact reads as follows: 
"AMENDED BEAR RIVER COMPACT 
"The State of Idaho, the State of Utah and the State of Wyoming, 
acting through their respective Commissioners after negotiations 
participated in by a representative of the United States of America 
appointed by the President, have agreed to an Amended Bear River 
Compact as follows: 
"ARTICLE I 
"A. The major purposes of this Compact are to remove the causes of 
present and future controversy over the distribution and use of the 
waters of the Bear River; to provide for efficient use of water for 
multiple purposes; to permit additional development of the water 
resources of Bear River; to promote interstate comity; and to accom-
plish an equitable apportionment of the waters of the Bear River 
among the compacting States. 
"B. The physical and all other conditions peculiar to the Bear River 
constitute the basis for this Compact. No general principle or prece-
dent with respect to any other interstate stream is intended to be 
established. 
"ARTICLE II 
"As used in this Compact the term 
"1. 'Bear River' means the Bear River and its tributaries from its 
source in the Uinta Mountains to its mouth in Great Salt Lake; 
"2. 'Bear Lake' means Bear Lake and Mud Lake; 
"3. 'Upper Division' means the portion of Bear River from its 
source in the Uinta Mountains to and including Pixley Dam, a 
diversion dam in the Southeast Quarter of Section 25, Township 23 
North, Range 120 West, Sixth Principal Meridian, Wyoming; 
"4. 'Central Division' means the portion of Bear River from Pixley 
Dam to and including Stewart Dam, a diversion dam in Section 34, 
Township 13 South, Range 44 East, Boise Base and Meridian, Idaho; 
"5. 'Lower Division' means the portion of the Bear River between 
Stewart Dam and Great Salt Lake, including Bear Lake and its 
tributary drainage; 
"6. 'Upper Utah Section Diversions' means the sum of all diver-
sions in second-feet from the Bear River and the tributaries of the 
Bear River joining the Bear River upstream from the point where the 
Bear River crosses the Utah-Wyoming State line above Evanston, 
PUBLIC LAW 96-189—FEB. 8, 1980 
94 STAT. 5 
Wyoming; excluding the diversions by the Hilliard East Fork Canal, 
Lannon Canal, Lone Mountain Ditch, and Hilliard West Side Canal; 
"7. 'Upper Wyoming Section Diversions' means the sum of all 
diversions in second-feet from the Bear River main stem from the 
point where the Bear River crosses the Utah-Wyoming State line 
above Evanston, Wyoming, to the point where the Bear River crosses 
the Wyoming-Utah State line east of Woodruff, Utah, and including 
the diversions by the Hilliard East Fork Canal, Lannon Canal, Lone 
Mountain Ditch, and Hilliard West Side Canal; 
"8. 'Lower Utah Section Diversions' means the sum of all diver-
sions in second-feet from the Bear River main stem from the point 
where the Bear River crosses the Wyoming-Utah State line east of 
Woodruff, Utah, to the point where the Bear River crosses the Utah-
Wyoming State line northeast of Randolph, Utah; 
"9. 'Lower Wyoming Section Diversions' means the sum of all 
diversions in second-feet from the Bear River main stem from the 
point where the Bear River crosses the Utah-Wyoming State line 
northeast of Randolph to and including the diversion at Pixley Dam; 
"10. 'Commission' means the Bear River Commission, organized 
pursuant to Article III of this Compact; 
"11. 'Water user' means a person, corporation, or other entity 
having a right to divert water from the Bear River for beneficial use; 
"12. 'Second-foot' means a flow of one cubic foot of water per second 
of time passing a given point; 
"13. 'Acre-foot' means the quantity of water required to cover one 
acre to a depth of one foot, equiv£ilent to 43,560 cubic feet; 
"14. 'Biennium' means the 2-year period commencing on October 1 
of the first odd-numbered year after the effective date of this Compact 
and each 2-year period thereafter; 
"15. 'Water year' means the period beginning October 1 and ending 
September 30 of the following year; 
"16. 'Direct flow' means all water flowing in a natural watercourse 
except water relesised from storage or imported from a source other 
than the Bear River watershed; 
"17. 'Border Gaging Station' means the stream flow gaging station 
in Idaho on the Bear River above Thomas Fork near the Wyoming-
Idaho boundary line in the Northeast Quarter of the Northeast 
Quarter of Section 15, Township 14 South, Range 46 East, Boise Base 
and Meridiem, Idaho; 
"18. 'Smiths Fork' means a Bear River tributary which rises in 
Lincoln County, Wyoming, and flows in a general southwesterly 
direction to its confluence with Bear River near Cokeville, Wyoming; 
"19. 'Grade Creek' means a Smiths Fork tributary which rises in 
Lincoln County, Wyoming, and flows in a westerly direction and in its 
natural channel is tributary to Smiths Fork in Section 17, Township 
25 North, Range 118 West, Sixth Principal Meridian, Wyoming; 
"20. 'Pine Creek' means a Smiths Fork tributary which rises in 
Lincoln County, Wyoming, emerging from its mountain canyon in 
Section 34, Township 25 North, Range 118 West, Sixth Principal 
Meridian, Wyoming, and in its natural channel is tributary to Smiths 
Fork in Section 36, Township 25 North, Range 119 West, Sixth 
Principal Meridian, Wyoming; 
"21. 'Bruner Creek' and 'Pine Creek Springs' means Smiths Fork 
tributaries which rise in Lincoln County, Wyoming, in Sections 31 
and 32, Township 25 North, Range 118 West, Sixth Principal Merid-
ian, and in their natural channels are tributary to Smiths Fork in 
Section 36, Township 25 North, Range 119 West, Sixth Principal 
Meridian, Wyoming; 
94 STAT. 6 
PUBLIC LAW 96-189—FEB. 8, 1980 
"22. 'Spring Creek' means a Smiths Fork tributary which rises in 
Lincoln County, Wyoming, in Sections 1 and 2, Township 24, Range 
119 West, Sixth Principal Meridian, Wyoming, and flows in a general 
westerly direction to its confluence with Smiths Fork in Section 4, 
Township 24 North, Range 119 West, Sixth Principal Meridian, 
Wyoming; 
"23. 'Sublette Creek' means the Bear River tributary which rises in 
Lincoln County, Wyoming, and flows in a general westerly direction 
to its confluence with Bear River in Section 20, Township 24 North, 
Range 119 West, Sixth Principal Meridian, Wyoming; 
"24. 'Hobble Creek' means the Smiths Fork tributary which rises in 
Lincoln County, Wyoming, and flows in a general southwesterly 
direction to its confluence with Smiths Fork in Section 35, Township 
28 North, Range 118 West, Sixth Principal Meridian, Wyoming; 
"25. 'Hilliard East Fork Canal' means that irrigation canal which 
diverts water from the right bank of the East Fork of Bear River in 
Summit County, Utah, at a point West 1,310 feet and North 330 feet 
from the Southeast corner of Section 16, 'Township 2 North, Range 10 
East, Salt Lake Base and Meridian, Utah, and runs in a northerly 
direction crossing the Utah-Wyoming State line into the Southwest 
Quarter of Section 21, Township 12 North, Range 119 West, Sixth 
Principal Meridian, Wyoming; 
"26. 'Lannon Canal' means that irrigation canal which diverts 
water from the right bank of the Bear River in Summit County, Utah, 
East 1,480 feet from the West Quarter corner of Section 19, Township 
3 North, Range 10 East, Salt Lake Base and Meridian, Utah, and runs 
in a northerly direction crossing the Utah-Wyoming State line into 
the South Half of Section 20, Township 12 North, Range 119 West, 
Sixth Principal Meridian, Wyoming; 
"27. 'Lone Mountain Ditch' means that irrigation canal which 
diverts water from the right bank of the Bear River in Summit 
County, Utah, North 1,535 feet and East 1,120 feet from the West 
Quarter corner of Section 19, Township 3 North, Range 10 East, Salt 
Lake Base and Meridian, Utah, and runs in a northerly direction 
crossing the Utah-Wyoming State line into the South Half of Section 
20, Township 12 North, Range 119 West, Sixth Principal Meridian, 
Wyoming; 
"28. 'Hilliard West Side Canal' means that irrigation canal which 
diverts water from the right bank of the Bear River in Summit 
County, Utah, at a point North 2,190 feet and East 1,450 feet from the 
South Quarter corner of Section 13, Township 3 North, Range 9 East, 
Salt Lake Base and Meridian, Utah, and runs in a northerly direction 
crossing the Utah-Wyoming State line into the South Half of Section 
20, Township 12 North, Range 119 West, Sixth Principal Meridian, 
Wyoming; 
"29. 'Francis Lee Canal' means that irrigation canal which diverts 
water from the left bank of the Bear River in Uinta County, 
Wyoming, in the Northeast Quarter corner of Section 30, Township 
18 North, Range 120 West, Sixth Principal Meridian, Wyoming, and 
runs in a westerly direction across the Wyoming-Utah State line into 
Section 16, Township 9 North, Range 8 East, Salt Lake Base and 
Meridian, Utah; 
"30. 'Chapman Canal' means that irrigation canal which diverts 
water from the left bank of the Bear River in Uinta County, 
Wyoming, in the Northeast Quarter of Section 36, Township 16 
North, Range 121 West, Sixth Principal Meridian, Wyoming, and 
runs in a northerly direction crossing over the low divided into the 
Saleratus drainage basin near the Southeast corner of Section 36, 
PUBLIC LAW 96-189—FEB. 8, 1980 
94 STAT. 7 
Township 17 North, Range 121 West, Sixth Principal Meridian, 
Wyoming, and then in a general westerly direction crossing the 
Wyoming-Utah State line; 
"31. 'Neponset Reservoir' means that reservoir located principally 
in Sections 34 and 35, Township 8 North, Range 7 East, Salt Lake 
Base and Meridian, Utah, having a capacity of 6,900 acre-feet. 
"ARTICLE III 
"A. There is hereby created an interstate administrative agency to 
be known as the 'Bear River Commission' which is hereby constituted 
a legal entity and in such name shall exercise the powers hereinafter 
specified. The Commission shall be composed of nine Commissioners, 
three Commissioners representing each signatory State, and if ap-
pointed by the President, one additional Commissioner representing 
the United States of America who shall serve as chairman, without 
vote. Each Commissioner, except the chairman, shall have one vote. 
The State Commissioners shall be selected in accordance with State 
law. Six Commissioners who shall include two Commissioners from 
each State shall constitute a quorum. The vote of at least two-thirds 
of the Commissioners when a quorum is present shall be necessary 
for the action of the Commission. 
"B. The compensation and expenses of each Commissioner and 
each adviser shall be paid by the government which he represents. 
All expenses incurred by the Commission in the administration of 
this Compact, except those paid by the United States of America, 
shall be paid by the signatory States on an equal basis. 
"C. The Commission shall have power to: 
"1. Adopt bylaws, rules, and regulations not inconsistent with this 
Compact; 
"2. Acquire, hold, convey or otherwise dispose of property; 
"3. Employ such persons and contract for such services as may be 
necessary to carry out its duties under this Compact; 
"4. Sue and be sued as a legal entity in any court of record of a 
signatory State, and in any court of the United States having 
jurisdiction of such action; 
"5. Co-operate with State and Federal agencies in matters relating 
to water pollution of interstate significance; 
"6. Perform all functions required of it by this Compact and do all 
things necessary, proper or convenient in the performance of its 
duties hereunder, independently or in co-operation with others, 
including State and Federal agencies. 
"D. The Commission shall: 
"1. Enforce this Compact and its order made hereunder by suit or 
other appropriate action; 
"2. Compile a report covering the work of the Commission and 
expenditures during the current biennium, and an estimate of 
expenditures for the following biennium and transmit it to the 
President of the United States and to the Governors of the signatory 
States on or before July 1 following each biennium. 
"ARTICLE IV 
"Rights to direct flow water shall be administered in each signa-
tory State under State law, with the following limitations: 
"A. When there is a water emergency, as hereinafter defined for 
each division, water shall be distributed therein as provided below. 
"1. Upper Division 
Bear River 
Commission, 
establishment 
and 
membership. 
Compensation 
and expenses. 
Powers. 
Report, 
transmittal to 
President and 
Governors. 
Water rights, 
limitations. 
94 STAT. 8 
PUBLIC LAW 96-189—FEB. 8, 1980 
"a. When the divertible flow as defined below for the upper 
division is less than 1,250 second-feet, a water emergency shall be 
deemed to exist therein and such divertible flow is allocated for 
diversion in the river sections of the Division as follows: 
"Upper Utah Section Diversions—0.6 percent, 
"Upper Wyoming Section Diversions—49.3 percent, 
"Lower Utah Section Diversions—40.5 percent, 
"Lower Wyoming Section Diversions—9.6 percent. 
"Such divertible flow shall be the total of the following five 
items: 
"(1) Upper Utah Section Diversions in second-feet, 
"(2) Upper Wyoming Section Diversions in second-feet, 
"(3) Lower Utah Section Diversions in second-feet, 
"(4) Lower Wyoming Section Diversions in second-feet, 
"(5) The flow in second-feet passing Pixley Dam. 
"b. The Hilliard East Fork Canal, Lannon Canal, Lone Moun-
tain Ditch, and Hilliard West Side Canal, which divert water in 
Utah to irrigate lands in Wyoming, shall be supplied from the 
divertible flow allocated to the Upper Wyoming Section Diver-
sions. 
"c. The Chapman, Bear River, and Francis Lee Canals, which 
divert water from the main stem of Bear River in Wyoming to 
irrigate lands in both Wyoming and Utah, shall be supplied from 
the divertible flow allocated to the Upper Wyoming Section 
Diversions. 
"d. The Beckwith Quinn West Side Canal, which diverts water 
from the main stem of Bear River in Utah to irrigate lands in 
both Utah and Wyoming, shall be supplied from the divertible 
flow allocated to the Lower Utah Section Diversions. 
"e. If for any reason the aggregate of all diversions in a river 
section of the Upper Division does not equal the allocation of 
water thereto, the unused portion of such allocation shall be 
available for use in the other river sections in the Upper Division 
in the following order: (1) In the other river section of the same 
State in which the unused allocation occurs; and (2) in the river 
sections of the other State. No permanent right of use shall be 
established by the distribution of water pursuant to this para-
graph e. 
"f. Water allocated to the several sections shall be distributed 
in each section in accordance with State law. 
"2. Central Division 
"a. When either the divertible flow as hereinafter defined for 
the Central Division is less than 870 second-feet, or the flow of 
the Bear River at Border Gaging Station is less than 350 second-
feet, whichever shall first occur, a water emergency shall be 
deemed to exist in the Central Division and the total of all 
diversions in Wyoming from Grade Creek, Pine Creek, Bruner 
Creek and Pine Creek Springs, Spring Creek, Sublette Creek, 
Smiths Fork, and all the tributaries of Smiths Fork above the 
mouth of Hobble Creek including Hobble Creek, and from the 
main stem of the Bear River between Pixley Dam and the point 
where the river crosses the Wyoming-Idaho State line near 
Border shall be limited for the benefit of the State of Idaho, to not 
exceeding forty-three (43) percent of the divertible flow. The 
remaining fifty-seven (57) percent of the divertible flow shall be 
available for use in Idaho in the Central Division, but if any 
portion of such allocation is not used therein it shall be available 
for use in Idaho in the Lower Division. 
PUBLIC LAW 96-189—FEB. 8, 1980 
94 STAT. 9 
"The divertible flow for the Central Division shall be the total of 
the following three items: 
"(1) Diversions in second-feet in Wyoming consisting of the 
sum of all diversions from Grade Creek, Pine Creek, Bruner 
Creek and Pine Creek Springs, Spring Creek, Sublette Creek, and 
Smiths Fork and all the tributaries of Smiths Fork above the 
mouth of Hobble Creek including Hobble Creek, and the main 
stem of the Bear River between Pixley Dam and the point where 
the river crosses the Wyoming-Idaho State line near Border, 
Wyoming, 
"(2) Diversions in second-feet in Idaho from the Bear River 
main stem from the point where the river crosses the Wyoming-
Idaho State line near Border to Stewart Dam including West 
Fork Canal which diverts at Stewart Dam. 
"(3) Flow in second-feet of the Rainbow Inlet Canal and of the 
Bear River passing downstream from Stewart Dam. 
"b. The Cook Canal, which diverts water from the main stem of 
the Bear River in Wyoming to irrigate lands in both Wyoming 
and Idaho, shall be considered a Wyoming diversion and shall be 
supplied from the divertible 
flow 
allocated to Wyoming. 
"c. Water allocated to each State shall be distributed in 
accordance with State law. 
"3. Lower Division 
"a. When the flow of water across the Idaho-Utah boundary 
line is insufficient to satisfy water rights in Utah, covering water 
applied to beneficial use prior to January 1,1976, any water user 
in Utah may file a petition with the Commission alleging that by 
reason of diversions in Idaho he is being deprived of water to 
which he is justly entitled, and that by reason thereof, a water 
emergency exists, and requesting distribution of water under the 
direction of the Commission. If the Commission finds a water 
emergency exists, it shall put into effect water delivery schedules 
based on priority of rights and prepared by the Commission 
without regard to the boundary line for all or any part of the 
Division, and during such emergency, water shall be delivered in 
accordance with such schedules by the State official charged with 
the administration of public waters. 
"B. The Commission shall have authority upon its own motion (1) to 
declare a water emergency in any or all river divisions based upon its 
determination that there are diversions which violate this Compact 
and which encroach upon water rights in a lower State, (2) to make 
appropriate orders to prevent such encroachments, and (3) to enforce 
such orders by action before State administrative officials or by court 
proceedings. 
"C. When the 
flow 
of 
water in an interstate tributary across a State 
boundary line is insufficient to satisfy water rights on such tributary 
in a lower State, any water user may file a petition with the 
Commission alleging that by reason of diversions in an upstream 
State he is being deprived of water to which he is justly entitled and 
that by reason thereof a water emergency exists, and requesting 
distribution of water under the direction of the Commission. If the 
Commission finds that a water emergency exists and that interstate 
control of water of such tributary is necessary, it shall put into effect 
water delivery schedules based on priority of rights and prepared 
without regard to the State boundary line. The State officials in 
charge of water distribution on interstate tributaries may appoint 
and fix the compensation and expenses of a joint water commissioner 
for each tributary. The proportion of the compensation and expenses 
Emergency 
declaration 
authority. 
User's water 
rights, petition 
filing. 
Water delivery 
schedules. 
Joint water 
commissioner. 
94 STAT. 10 
PUBLIC LAW 96-189—FEB. 8, 1980 
Interstate water 
delivery 
schedules, 
findings of fact. 
Prima facie 
evidence. 
Emergency 
termination. 
Lower Division 
water rights, 
Idaho and Utah. 
Allocation 
charge. 
Depletions. 
Reservoir 
storage rights. 
to be paid by each State shall be determined by the ratio between the 
number of acres therein which are irrigated by diversions from such 
tributary, and the total number of acres irrigated from such tribu-
tary. 
"D. In preparing interstate water delivery schedules the Commis-
sion, upon notice and after public hearings, shall make findings of 
fact as to the nature, priority, and extent of water rights, rates of 
flow, duty of water, irrigated acreages, types of crops, time of use, and 
related matters; provided that such schedules shall recognize and 
incorporate therein priority of water rights as adjudicated in each of 
the signatory States. Such findings of fact shall, in any court or before 
any tribunal, constitute prima facie evidence of the facts found. 
"E. Water emergencies provided for herein shall terminate on 
September 30 of each year unless terminated sooner or extended by 
the Commission. 
"ARTICLE V 
"A. Water rights in the Lower Division acquired under the laws of 
Idaho and Utah covering water applied to beneficial use prior to 
January 1,1976, are hereby recognized and shall be administered in 
accordance with State law based on priority of rights as provided in 
Article IV, paragraph A3. Rights to water first applied to beneficial 
use on or after January 1,1976, shall be satisfied from the respective 
allocations made to Idaho and Utah in this paragraph and the water 
allocated to each State shall be administered in accordance with 
State law. Subject to the foregoing provisions, the remaining water in 
the Lower Division, including ground water tributary to the Bear 
River, is hereby apportioned for use in Idaho and Utah as follows: 
"(1) Idaho shall have the first right to the use of such remaining 
water resulting in an annual depletion of not more than 125,000 acre-
feet. 
"(2) Utah shall have the second right to the use of such remaining 
water resulting in an annual depletion of not more than 275,000 acre-
feet. 
"(3) Idaho and Utah shall each have an additional right to deplete 
annually on an equal basis, 75,000 acre-feet of the remaining water 
after the rights provided by subparagraphs (1) and (2) above have 
been satisfied. 
"(4) Any remaining water in the Lower Division after the alloca-
tions provided for in subparagraphs (1), (2), and (3) above have been 
satisfied shall be divided; thirty (30) percent to Idaho and seventy (70) 
percent to Utah. 
"B. Water allocated under the above subparagraphs shall be 
charged against the State in which it is used regardless of the location 
of the point of diversion. 
"C. Water depletions permitted under provisions of subparagraphs 
(1), (2), (3), and (4) above, shall be calculated and administered by a 
Commission-approved procedure. 
"ARTICLE VI 
"A. Existing storage rights in reservoirs constructed above Stewart 
Dam prior to February 4,1955, are as follows: 
"Idaho 
324 acre-feet 
"Utah 
11,850 acre-feet 
"Wyoming 
2,150 acre-feet 
"Additional rights are hereby granted to store in any water year 
above Stewart Dam, 35,500 acre-feet of Bear River water and no more 
PUBLIC LAW 96-189—FEB. 8, 1980 
94 STAT. 11 
Additional 
storage rights. 
under this paragraph for use in Utah and Wyoming; and to store in 
any water year in Idaho or Wyoming on Thomas Fork 1,000 acre-feet 
of water for use in Idaho. Such additional storage rights shall be 
subordinate to, and shall not be exercised when the effect thereof will 
be to impair or interfere with (1) existing direct fiOW rights for 
consumptive use in any river division and (2) existing storage rights 
above Stewart Dam, but shall not be subordinate to any right to store 
water in Bear Lake or elsewhere below Stewart Dam. One-half of the 
35,500 acre-feet of additional storage right above Stewart Dam so 
granted to Utah and Wyoming is hereby allocated to Utah, and the 
remaining one-half thereof is allocated to Wyoming. 
"B. In addition to the rights defined in Paragraph A of this Article, 
further storage entitlements above Stewart Dam are hereby granted. 
Wyoming and Utah are granted an additional right to store in any 
year 70,000 acre-feet of Bear River water for use in Utah and 
Wyoming to be divided equally; and Idaho is granted an additional 
right to store 4,500 acre-feet of Bear River water in Wyoming or Idaho 
for use in Idaho. Water rights granted under this paragraph and 
water appropriated, including ground water tributary to Bear River, 
which is applied to beneficial use on or after January 1, 1976, shall 
not result in an annual increase in depletion of the flow of the Bear 
River and its tributa,ries above Stewart Dam of more than 28,000 
acre-feet in excess of the depletion £is of January 1, 1976. Thirteen 
thousand (13,000) acre-feet of the additional depletion above Stewart 
Dam is allocated to each of Utah and Wyoming, and two thousand 
(2,000) acre-feet is allocated to Idaho. 
"The additional storage rights provided for in this Paragraph shall Limitations 
be subordinate to, and shall not be exercised when the effect thereof 
will be to impair or interfere with (1) existing direct flow rights for 
consumptive use in any river division and (2) existing storage rights 
above Stewart Dam, but shall not be subordinate to any right to store 
water in Bear Lake or elsewhere below Stewart Dam; provided, 
however, there shall be no diversion of water to storage above 
Stewart Dam under this Paragraph B when the water surface 
elevation of Bear Lake is below 5,911.00 feet, Utah Power & Light 
Company datum (the equivalent of elevation 5,913.75 feet based on 
the sea level datum of 1929 through the Pacific Northwest Supple-
mentary Adjustment of 1947). Water depletions permitted under this 
Paragraph B shall be calculated and administered by a Commission-
approved procedure. 
"C. In addition to the rights defined in Article VI, Paragraphs A 
and B, Idaho, Utah and Wyoming are granted the right to store and 
use water above Stewart Dam that otherwise would be bypassed or 
released from Bear Lake at times when all other direct flow and 
storage rights are satisfied. The availability of such water and the 
operation of reservoir space to store water above Bear Lake under 
this paragraph shall be determined by a Commission-approved proce-
dure. The storage provided for in this Paragraph shall be subordinate 
to all other storage and direct flow rights in the Bear River. Storage 
rights under this Paragraph shall be exercised with equal priority on 
the following basis: six (6) percent thereof to Idaho; forty-seven (47) 
percent thereof to Utah; and forty-seven (47) percent thereof to 
Wyoming. 
"D, The waters of Bear Lake below elevation 5,912.91 feet, Utah 
Power and Light Company Bear Lake datum (the equivalent of 
elevation 5,915.66 feet based on the sea level datum of 1929 through 
the Pacific Northwest Supplementary Adjustment of 1947) shall 
constitute a reserve for irrigation. The water of such reserve shall not 
Irrigation 
reserve. 
94 STAT. 12 
PUBLIC LAW 96-189—FEB. 8, 1980 
Development 
projects. 
Water rights, 
acquisition. 
Property rights, 
acquisition. 
be released solely for the generation of power, except in emergency, 
but after release for irrigation it may be used in generating power if 
not inconsistent with its use for irrigation. Any water in Bear Lake in 
excess of that constituting the irrigation reserve may be used for the 
generation of power or for other beneficial uses. As new reservoir 
capacity above the Stewart Dam is constructed to provide additional 
storage pursuant to Paragraph A of this Article, the Commission 
shall make a finding in writing as to the quantity of additional 
storage and shall thereupon make an order increasing the irrigation 
reserve in accordance with the following table: 
Lake surface elevation, 
"Additional Storage 
Utah Power and Light Company, 
(Acre-feet) 
Bear Lake datum 
5,000 
5,913.24 
10,000 
5,913.56 
15,000 
5,913.87 
20,000 
5,914.15 
25,000 
5,914.41 
30,000 
5,914.61 
35,500 
5,914.69 
36,500 
5,914.70 
"E. Subject to existing rights, each State shall have the use of 
water, including groundwater, for ordinary domestic, and stock 
watering purposes, as determined by State law and shall have the 
right to impound water for such purposes in reservoirs having storage 
capacities not in excess, in any case, of 20 acre-feet, without deduction 
from the allocation made by paragraphs A, B, and C of this Article. 
"F. The storage rights in Bear Lake are hereby recognized and 
confirmed subject only to the restrictions hereinbefore recited. 
"ARTICLE VII 
"It is the policy of the signatory States to encourage additional 
projects for the development of the water resources of the Bear River 
to obtain the maximum beneficial use of water with a minimum of 
waste, and in furtherance of such policy, authority is granted within 
the limitations provided by this Compact, to investigate, plan, con-
struct, and operate such projects without regard to State boundaries, 
provided that water rights for each such project shall, except as 
provided in Article VI, paragraphs A and B, thereof, be subject to 
rights theretofore initiated and in good standing. 
"ARTICLE VIII 
"A. No State shall deny the right of the United States of America, 
and subject to the conditions hereinafter contained, no State shall 
deny the right of another signatory State, any person or entity of 
another signatory State, to acquire rights to the use of water or to 
construct or to participate in the construction and use of diversion 
works and storage reservoirs with appurtenant works, canals, and 
conduits in one State for use of water in another State, either directly 
or by exchange. Water rights acquired for out-of-state use shall be 
appropriated in the State where the point of diversion is located in 
the manner provided by law for appropriation of water for use within 
such State. 
"B. Any signatory State, any person or any entity of any signatory 
State, shall have the right to acquire in any other signatory State 
such property rights as are necessary to the use of water in conform-
ity with this Compact by donation, purchase, or, as hereinafter 
PUBLIC LAW 96-189—FEB. 8, 1980 
94 STAT. 13 
provided through the exercise of the power of eminent domain in 
accordance with the law of the State in which such property is 
located. Any signatory State, upon the written request of the Gover-
nor of any other signatory 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 acceptable to the requesting Governor, 
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 to the person, or entity designated by its Governor 
provided, that all costs of acquisition and expenses of every kind and 
nature whatsoever incurred in obtaining such property shall be paid 
by the requesting State or the person or entity designated by its 
Governor. 
"C. Should any facility be constructed in a signatory State by and 
for the benefit of another signatory State or persons or entities 
therein, 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. 
"D. In the event lands or other taxable facilities are acquired by a 
signatory State in another signatory State for the use and benefit of 
the former, the users of the water made available by such facilities, as 
a condition precedent to the use thereof, shall pay to the political 
subdivisions of the State in which such facilities are located, each and 
every year during which such rights are enjoyed for such purposes, a 
sum of money equivalent to the average of the amount of taxes 
annually levied and assessed against the land and improvements 
thereon during the ten years preceding the acquisition of such land. 
Said payments shall be in full reimbursement for the loss of taxes in 
such political subdivision of the State. 
"E. Rights to the use of water acquired under this Article shall in 
all respects be subject to this Compact. 
Facilities, State 
authority. 
Facilities, 
taxation. 
"ARTICLE IX 
"Stored water, or water from another watershed may be turned 
into the channel of the Bear River in one State and a like quantity, 
with allowance for loss by evaporation, transpiration, and seepage, 
may be taken out of the Bear River in another State either above or 
below the point where the water is turned into the channel, but in 
making such exchange the replacement water shall not be inferior in 
quality for the purpose used or diminished in quantity. Exchanges 
shall not be permitted if the effect thereof is to impair vested rights or 
to cause damage for which no compensation is paid. Water from 
another watershed or source which enters the Bear River by actions 
within a State may be claimed exclusively by that State and use 
thereof by that State shall not be subject to the depletion limitations 
of Articles IV, V and VI. Proof of any claimed increase in flow shall be 
the burden of the State making such claim, and it shall be approved 
only by the unanimous vote of the Commission. 
Water 
exchanges. 
"ARTICLE X 
"A. The following rights to the use of Bear River water carried in 
interstate canals are recognized and confirmed. 
Interstate 
canals, water 
use. 
94 STAT. 14 
PUBLIC LAW 96-189—FEB. 8, 1980 
"Name of Canal 
Date of 
priority 
1914 
8-13-86 
8-13-86 
4-12-12 
5- 3-12 
5-21-12 
2- 6-13 
8-28-05 
1879 
1879 
Primary 
right 
second-
feet 
28.00 
16.46 
98.46 
.57 
4.07 
10.17 
.79 
»134.00 
2.20 
7.41 
Lands 
Acres 
2,644 
1,155 
6,892 
40 
285 
712 
55 
154 
519 
irrigated 
State 
Wyoming 
Wyoming 
Utah 
Wyoming 
Utah 
Utah 
Wyoming 
Wyoming 
Utah 
Hilliard East Fork , 
Chapman 
Francis Lee. 
Administration. 
Applications. 
Allocation status 
report. 
"' Under the right as herein confirmed not to exceed 134 second-feet may be carried across the 
Wyoming-Utah State line in the Chapman Canal at any time for filling the Neponset Reservoir, 
for irrigation of land in Utah and for other purposes. The storage right in Neponset Reservoir is 
for 6,900 acre-feet, which is a component part of the irrigation right for the Utah lands listed 
above. 
"All other rights to the use of water carried in interstate canals and 
ditches, as adjudicated in the State in which the point of diversion is 
located, are recognized and confirmed. 
"B. AH interstate rights shall be administered by the State in 
which the point of diversion is located and during times of water 
emergency, such rights shall be filled from the allocations specified in 
Article IV hereof for the Section in which the point of diversion is 
located, with the exception that the diversion of water into the 
Hilliard East Fork Canal, Lannon Canal, Lone Mountain Ditch, and 
Hilliard West Side Canal shall be under the administration of 
Wyoming. During times of water emergency these canals and the 
Lone Mountain Ditch shall be supplied from the allocation specified 
in Article IV for the Upper Wyoming Section Diversions. 
"ARTICLE XI 
"Applications for appropriation, for change of point of diversion, 
place and nature of use, and for exchange of Bear River water shall be 
considered and acted upon in accordance with the law of the State in 
which the point of diversion is located, but no such application shall 
be approved if the effect thereof will be to deprive any water user in 
another State of water to which he is entitled, nor shall any such 
application be approved if the effect thereof will be an increase in the 
depletion of the flow of the Bear River and its tributaries beyond the 
limits authorized in each State in Articles IV, V and VI of this 
Compact. The official of each State in charge of water administration 
shall, at intervals and in the format established by the Commission, 
report on the status of use of the respective allocations. 
"ARTICLE XII 
"Nothing in this Compact shall be construed to prevent the United 
States, a signatory State or political subdivision thereof, person, 
corporation, or association, from instituting or maintaining any 
action or proceeding, legal or equitable, for the protection of any right 
under State or Federal law or under this Compact. 
PUBLIC LAW 96-189—FEB. 8, 1980 
94 STAT. 15 
"ARTICLE XIII 
"Nothing contained in this Compact shall be deemed: 
"1. To affect the obligations of the United States of America to the 
Indian tribes; 
"2. To impair, extend or otherwise affect any right or power of the 
United States, its agencies or instrumentalities involved herein; nor 
the capacity of the United States to hold or acquire additional rights 
to the use of the water of the Bear River; 
"3, To subject any property or rights of the United States to the 
laws of the States which were not subject thereto prior to the date of 
this Compact; 
"4. To subject any property of the United States to taxation by the 
States or any subdivision thereof, nor to obligate the United States to 
pay any State or subdivision thereof for loss of taxes. 
"ARTICLE XIV 
"At intervals not exceeding twenty years, the Commission shall 
review the provisions hereof, and after notice and public hearing, 
may propose amendments to any such provision, provided, however, 
that the provisions contained herein shall remain in full force and 
effect until such proposed amendments have been ratified by the 
legislatures of the signatory States and consented to by Congress. 
"ARTICLE XV 
"This Compact may be terminated at any time by the unanimous 
agreement of the signatory States. In the event of such termination 
all rights established under it shall continue unimpaired. 
"ARTICLE XVI 
"Should a court of competent jurisdiction hold any part of this 
Compact to be contrary to the constitution of any signatory State or 
to the Constitution of the United States, all other severable provi-
sions of this Compact shall continue in full force and effect. 
"ARTICLE XVII 
"This Compact shall be in effect when it shall have been ratified by 
the Legislature of each signatory State and consented to by the 
Congress of the United States of America. Notice of ratification by 
the legislatures of the signatory States shall be given by the Governor 
of each signatory State to the Governor of each of the other signatory 
States and to the President of the United States of America, and the 
President is hereby requested to give notice to the Governor of each of 
the signatory States of approval by the Congress of the United States 
of America. 
"IN WITNESS WHEREOF, the Commissioners and their advisers have 
executed this Compact in five originals, one of which shall be 
deposited with the General Services Administration of the United 
States of America, one of which shall be forwarded to the Governor of 
each of the signatory States, and one of which shall be made a part of 
the permanent records of the Bear River Commission. 
Commission 
review and 
proposed 
amendments. 
Termination of 
Compact. 
Constitutionality 
of provision. 
Ratification and 
notice. 
79-194 
O—81—pt, 1 
5 : QL3 
94 STAT. 16 
PUBLIC LAW 96-189—FEB. 8, 1980 
"Done at Salt Lake City, Utah, this 22nd day of December, 1978. 
"For the State of 
Idaho: 
"(s) Clifford J. Skinner 
"(s) J. Daniel Roberts 
"(s) Don W.Gilbert 
"For the State of Utah: 
"(s)S. Paul Holmgren 
"(s) Simeon Weston 
"(s) Daniel F. Lawrence 
"For the State of Wyoming: 
"(s) George L. Christopulos 
"(s) J. W.Myers 
"(s)JohnA.Teichert 
"Approved: 
^'Wallace N.Jibson 
"Representative of 
the United States of America 
"Attest: 
"Daniel F. Lawrence 
"Secretary of 
the Bear River Commission." 
Approved February 8, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-524 (Comm. on Interior and Insular Affairs). 
SENATE REPORT No. 96-526 accompanying S. 1489 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD: 
Vol. 125 (1979): Nov. 27, considered and passed House. 
Dec. 20, S. 1489 considered and passed Senate. 
Vol. 126 (1980): Jan. 23, considered and passed Senate.