An Act granting the consent of Congress to a compact entered into by the States of Montana, North Dakota, and Wyoming relating to the waters of the Yellowstone River
PL 82-231 (S.1311), enacted 10/30/1951

65 STAT.] 
PUBLIC LAW 231—OCT. 30, 1951 
663 
Public Law 231 
CHAPTER 629 
AN ACT 
Granting the consent of Congress to a compact entered into by the States of 
Montana, North Dakota, and Wyoming relating to the waters of the Yellow-
stone River. 
October 30,1961 
[S. 1311] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the consent of 
the Congress is hereby given to an interstate compact relating to the 
waters of the Yellowstone River which was signed (after negotiations 
in which a representative of the United States duly appointed by the 
President participated) by the Commissioners for the States of Mon-
tana, North Dakota, and Wyoming on December 8, 1950, at Billings, 
Montana, and which was thereafter ratified by the legislatures of each 
of the States aforesaid as provided by Public Law 83, Eighty-first 
Congress, approved June 2,1949, which compact reads as follows: 
YELLOWSTONE RIVER COMPACT 
The State of Montana, the State of North Dakota, and the State of 
Wyoming, being moved by consideration of interstate comity, and 
desiring to remove all causes of present and future controversy 
between said States and between persons in one 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 pro-
vide for an equitable division and apportionment of such waters, and 
to encourage the beneficial development and use thereof, acknowledg-
ing that in future projects or programs for the regulation, control 
and use of water in the Yellowstone River Basin the great importance 
of water for irrigation in the signatory States shall be recognized, 
have resolved to conclude a Compact as authorized under the Act of 
Congress of the United States of America, approved June 2, 1949 
(Public Law 83, 81st Congress, First Session), for the attainment of 
these purposes, and to that end, through their respective governments, 
have named as their respective Commissioners: 
For the State of Montana: 
Fred E. Buck 
A. W. Bradshaw 
H. W. Bunston 
John Hersog 
John M. Jarussi 
Ashton Jones 
Chris. Josephson 
A. Wallace Kingsbury 
P. F. Leonard 
Walter M. McLaughlin 
Dave M. Manning 
Joseph Muggli 
Chester E. Onstad 
Ed F. Parriott 
R. R. Renne 
Keith W. Trout 
For the State of North Dakota: 
I. A. Acker 
Einar H. Dahl 
J.J.Walsh 
For the State of Wyoming : 
L. C. Bishop 
Yellowstone 
compact. 
Consent of 
grefss. 
63 Stat. 162. 
River 
Con-
63 Stat. 152. 
Commissioners. 
664 
PUBLIC LAW 231—OCT. 30, 1951 
[66 STAT. 
Earl T. Bower 
J. Harold Cash 
Ben F. Cochrane 
Ernest J. Goppert 
Richard L. Grreene 
E. C. Gwillim 
E. J. Johnson 
Lee E. Keith 
N. V. Kurtz 
Harry L. Littlefield 
R. E. McNally 
Will G. Metz 
Mark N. Partridge 
Alonzo R. Shreve 
Charles M. Smith 
Leonard F. Thornton 
M. B. Walker 
who, after negotiations participated in by R. J. Newell, appointed as 
the representative of the United States of America, have agreed upon 
the following articles, to-wit: 
ABTICLE 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, appro-
priators, and all others using, claiming, or m 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, per-
son, permittee, or appropriator authorized by or under the laws of a 
signatory State, and all others using, claiming, or in any manner assert-
ing 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. 
ARTICJLB I I 
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 Com-
mission" mean the agency created as provided herein for the admin-
istration 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 
65 STAT.] 
PUBLIC LAW 231—OCT. 30, 1951 
6 6 5 
within or contribute to the flow of streams within the Yellowstone 
National Park. 
F. The term "Interstate Tributaries" means the Clarks Fork, Yel-
lowstone River; the Bighorn River (except Little Bighorn River); 
the Tongue River; and the Powder River, whose confluences with the 
Yellowstone River are respectively at or near the city (or town) of 
Laurel, Big Horn, Miles City, and Terry, all in the State of Montana. 
G. The terms "Divert" and "Diversion" mean the taking or remov-
ing 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 indi-
vidual, or by a family unit or household for drinking, cooking, launder-
ing, 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. 
ARTIdiE I I I 
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 comS^*^*'^^"°° °
^ 
Wyoming and Montana, shall be administered by a Commission com-
posed of one representative from the State of Wyoming and one repre-
sentative 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 representa-
tive 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 presenta-
tion 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 Com-
mission ; the Secretary of Commerce, or comparable oflScers of what-
ever Federal agencies may succeed to the functions and duties of 
these agencies, and such other Federal officers and officers of appro-
6 6 6 
PUBLIC LAW 231—OCT. 30, 1951 
[65 STAT. 
priate 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 regu-
lations 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 disagree-
ment 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 re-
sponsible agencies, cause to be established, maintained, and operated 
such suitable water gaging and evaporation stations as it finds neces-
sary 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 al-
located 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 
S0% 
To Montana 
20% 
65 STAT.] 
PUBLIC LAW 231—OCT. 30, 1951 
667 
b. The point of measurement shall be below the last diversion 
from the Bighorn Kiver above its junction with the Yel-
lowstone Kiver, and the inflow of the Little Bighorn 
River shall be excluded from the quantity of water sub-
ject to allocation. 
3. Tongue River 
a. To Wyoming 
40% 
To Montana 
60% 
b. The point of measurement shall be below the last diversion 
from the Tongue River above its junction with the Yel-
lowstone 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 Yellow-
stone 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 measure-
ment, for irrigation, municipal, and industrial uses in Wyoming 
and Montana developed after January 1, 1950, during the period 
from October 1st to that given date; 
2. The net change in storage, in acre-feet, in all reservoirs in 
Wyoming and Montana above the point of measurement com-
pleted subsequent to January 1, 1950, during the period from 
October 1st 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 devel-
oped after January 1, 1950, during the period October 1st 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 1st 
to that given date. 
D. All existing rights to the beneficial use of waters of the Yellow-
stone 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^ 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 sur-
face waters. 
F. From time to time the Commission shall re-examine the alloca-
tions herein made and upon unanimous agreement may recommend 
6 6 8 
PUBLIC LAW 231—OCT. 30, 1951 
[65 STAT. 
modifications therein as are fair, just, and equitable, giving consid-
eration among other factors to: 
Priorities of water rights; 
Acreage irrigated; 
Acreage irrigable under existing works; and 
Potentially irrigable lands. 
ARTICM: VI 
Nothing contained in this Compact shall be so construed or inter-
preted 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 V I I 
A. A lower signatory State shall have the right, by compliance 
with the laws of an upper signatory State, except as to le^slative 
consent, to file application for and receive permits to appropriate and 
use any waters in the Yellowstone River System not specifically 
apportioned to or appropriated by such upper State as provided in 
Article V; and to construct or participate in the construction and use 
of any dam, storage reservoir, or diversion works in such upper State 
for the purpose of conserving and regulating water that may be 
apportioned to or appropriated by the lower State: Provided^ That 
such right is subject to the rights of the upper State to control, regu-
late, and use the water apportioned to and appropriated by it: And 
provided further^ That should an upper State elect, it may share in 
the use of any such facilities constructed by a lower State to the extent 
of its reasonable needs upon assuming or guaranteeing payment of 
its proportionate share of the cost of the construction, operation, and 
maintenance. This provision shall apply with equal force and effect 
to an upper State in the circumstance of the necessity of the acquisi-
tion 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^ 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. 
AETICLE 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, opera-
tion, and maintenance of pumping plants, storage reservoirs, canals, 
65 STAT.] 
PUBLIC LAW 231—OCT. 30, 1951 
6 6 9 
conduits, and appurtenant works as may be required for the enjoyment 
of the prvileges 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 I X 
Should any facilities be constructed by a lower signatory State in an 
upper signatory State under the provisions of Article VII, the con-
struction, 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. 
AETICLE X 
No water shall be diverted from the Yellowstone River Basin with-
out 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 therefor in determining its share of 
the water apportioned in accordance with Article V herein. 
ARTICLE X I 
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. 
AJITICLE X I I 
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 X I I I 
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 X I V 
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 Legis-
lature of each of the signatory States and consented to and approved 
by the Congress of the United States. 
6 7 0 
PUBLIC LAW 231—OCT. 30, 1951 
[65 STAT. 
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 acquisi-
tion, construction, or operation of any property or works of whatso-
ever kind, to make any payments to any State or political subdivision 
thereof. State agency, municipality, or entity whatsoever in reim-
bursement 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 X V I I I 
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 
A. W. Bradshaw 
H. W. Bunston 
John Herzog 
John M. Jarussi 
Ashton Jones 
Chris. Josephson 
A. Wallace Kingsbury 
P. F. Leonard 
Walter M. McLaughlin 
Dave M. Manning 
Joseph Muggli 
Chester E. Onstad 
Ed F. Parriott 
R. R. Renne 
Keith W. Trout 
Fred E. Buck 
A. W. Bradshaw 
H. W. Bunston 
John Herzog 
John M. Jarussi 
Ashton Jones 
Chris. Josephson 
A. Wallace Kingsbury 
P. F, Leonard 
Walter M. McLaughlin 
Dave M. Manning 
Joseph Muggli 
Chester E. Onstad 
Ed F. Parriott 
R. R. Renne 
Keith W. Trout 
/ s / 
/ s / 
M 
M 
N 
M 
N 
/s/ 
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M 
N 
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65 STAT.] 
PUBLIC LAW 232—OCT. 30, 1951 
671 
Commissioners for the State of North Dakota: 
I. A. Acker 
/ s / 
I. A. Acker 
Einar H. Dahl 
/ s / 
Einar H. Dahl 
J . J . W a l s h 
/ s / 
J . J . W a l s h 
Commissioners for the State of Wyoming: 
L. C. Bishop 
Earl T. Bower 
J. Harold Cash 
Ben F. Cochrane 
Ernest J. Goppert 
Richard L. Greene 
E. C. Gwillim 
E. J. Johnson 
Lee E. Keith 
N. V. Kurtz 
Harry L. Littlefield 
R. E. McNally 
Will G. Metz 
Mark N. Partridge 
Alonzo R. Shreve 
Charles M. Smith 
Leonard F. Thornton 
M. B. Walker 
/ s / 
/ s / 
/ s / 
/ s / 
/ s / 
/ s / 
/ s / 
/ s / 
/ s / 
/ s / 
/ s / 
/ s / 
N 
/ s / 
/ s / 
/ s / 
/ s / 
/ s / 
L. C. Bishop 
Earl T. Bower 
J. Harold Cash 
Ben F. Cochrane 
Ernest J. Goppert 
Richard L. Greene 
E. C. Gwillim 
E. J. Johnson 
Lee E. Keith 
N. V. Kurtz 
Harry L. Littlefield 
R. E. McNally 
Will G. Metz 
Mark N. Partridge 
Alonzo R. Shreve 
Charles M. Smith 
Leonard F. Thornton 
M. B. Walker 
"I have participated in the negotiation of this Compact and intend 
to report favorably thereon to the Congress of the United Stales. 
/ s / 
R. J. Newell 
R. J. Newell, 
Representative of the United States of America." 
SEC. 2. 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. 
Approved October 30, 1951. 
R e s e r v a t i o n of 
rights. 
Public Law 232 
CHAPTER 630 
AN ACT 
For the relief of the town of Mount Desert, Maine. 
Be it ervacted hy the Seriate and House of Representatives 
of the 
United States of America in Congress assembled, That the Secretary 
of the Treasury is authorized and directed to pay, out of any money 
in the Treasury not otherwise appropriated, to the town of Mount 
Desert, Maine, the sum of $26,986.60. The payment of such sum shall 
be in full settlement of all claims of such town against the United 
States for reimbursement of expenditures made by such town in com-
bating a forest fire in the Acadia National Park from October 24,1947, 
to November 1, 1947: Provided, That no part of the amount appro-
priated in this Act in excess of 10 per centum thereof shall be paid 
or delivered to or received by any agent or attorney on account of 
services rendered in connection with this claim, and the same shall be 
unlawful, any contract to the contrary notwithstanding. Any person 
violating the provisions of this Act shall be deemed guilty of a mis-
demeanor and upon conviction thereof shall be fined in any sum not 
exceeding $1,000. 
Approved October 30, 1951. 
October 30,1951 
[S. 1482] 
M o u n t D e s e r t , 
Maine. 
Settlement of claimfi. 
76100 O - 52 (PT. I) - 45