346 SOUTH PLATTE RIVER COMPACT and privileges hereby granted, and which shall be expressed in all permits issued by Nebraska with respect to said canal. "2. The net future flow of the lower section of the South Platte River which may remain after supplying all present and future appropriations from the upper section and after supplying all appropriations from the lower section perfected prior to the 17th day of December, 1921, and after supplying the additional future appropriations in the lower section for the benefit of which a prior and preferred use of thirty-five thousand acre-feet of water is reserved by subparagraph (a) of this article, may be diverted by said canal between the 15th day of October of any year and the 1st day of April of the next succeeding year, subject to the following reservations, limitations, and conditions: "(a) In addition to the water now diverted from the lower section of the river by present perfected appropriations Colorado hereby reserves the prior, preferred, and superior right to store, use, and to have in storage in readiness for use on and after the 1st day of April in each year an aggregate of thirty-five thousand acre-feet of water to be diverted from the flow of the river in the lower section between the 15th day of October of each year and the 1st day of April of the next succeeding year, without regard to the manner or time of making such future uses, and diversions of water by said Nebraska canal shall in no manner impair or interfere with the exercise by Colorado of the right of future use of the water hereby reserved. "(b) Subject at all times to the reservation made by subparagraph (a) and to the other provisions of this article, said proposed canal shall be entitled to divert five hundred cubic feet of water per second of time from the flow of the river in the lower section, as of priority of appropriation of date December 17, 1921, only between the 15th day of October of any year and the 1st day of April of the next succeeding year upon the express condition that the right to so divert water is and shall be limited exclusively to said annual period and shall not constitute the basis for any claim to water necessary to supply all present and future appropriations in the upper section or present appropriations in the lower section and those hereafter to be made therein as provided in subparagraph (a). "3. Neither this compact nor the construction and operation of such a canal nor the diversion, carriage, and application of water thereby shall vest in Nebraska, or in those in charge or control of said canal or in the users of water therefrom, any prior, preferred, or superior servitude upon or claim or right to the use of any water of the South Platte River in Colorado from the 1st day of April to the 15th day of October of any year or against any present or future appropriator or user of water from said river in Colorado during said period of every year, and Nebraska specifically waives any such claims and agrees that the same shall never be made or asserted. Any surplus waters of the river, which otherwise would flow past the interstate station during such period of any year after supplying all present and future diversions by Colorado, may be diverted by such a canal, subject to the other provisions and conditions of this article. SOUTH PLATTE RIVER COMPACT 347 "4. Diversions of water by said canal shall not diminish the flow necessary to pass the interstate station to satisfy superior claims of users of water from the river in Nebraska. "5. No appropriations of water from the South Platte River by any other canal within Colorado shall be transferred to said canal or be claimed or asserted for diversion and carriage for use on lands in Nebraska. "6. Nebraska shall have the right to regulate diversions of water by said canal for the purposes of protecting other diversions from the South Platte River within Nebraska and of avoiding violations of the provisions of Article IV; but Colorado reserves the right at all times to regulate and control the diversions, by said canal to the extent necessary for the protection of all appropriations and diversions within Colorado or necessary to maintain the flow at the interstate station as provided by Article IV of this compact. "ARTICLE VII "Nebraska agrees that compliance by Colorado with the provisions of this compact and the delivery of water in accordance with its terms shall relieve Colorado from any further or additional demand or claim by Nebraska upon the waters of the South Platte River within Colorado. "ARTICLE VIII "Whenever any official of either State is designated herein to perform any duty under this contract, such designation shall be interpreted to include the State official or officials upon whom the duties now performed by such official may hereafter devolve, and it shall be the duty of the officials of the State of Colorado charged with the duty of the distribution of the waters of the South Platte River for irrigation purposes to make deliveries of water at the interstate station in compliance with this compact without necessity of enactment of special statutes for such purposes by the General Assembly of the State of Colorado. "ARTICLE IX "The physical and other conditions peculiar to the South Platte River and to the territory drained and served thereby constitute the basis for this compact and neither of the signatory States hereby concedes the establishment of any general principle or precedent with respect to other interstate streams. "ARTICLE X "This compact may be modified or terminated at any time by mutual consent of the signatory States, but, if so terminated, and Nebraska or its citizens shall seek to enforce any claims of vested rights in the waters of the South Platte River, the statutes of limitation shall not run in favor of Colorado or its citizens with reference to claims of the western irrigation district to the water of the South Platte River from the 16th day of April, 1916, and as to all other present claims from the date of the approval of this compact to the date of such termina 348 SOUTH PLATTE RIVER COMPACT tion, and the State of Colorado and its citizens who may be made defendants in any action brought for such purpose shall not be permitted to plead the statutes of limitation for such periods of time. "ARTICLE XI "This compact shall become operative when approved by the legislature of each of the signatory States and by the Congress of the United States. Notice of approval by the legislature shall be given by the governor of each State to the governor of the other State, and to the President of the United States, and the President of the United States is requested to give notice to the governors of the signatory States of the approval by the Congress of the United States. "In witness whereof the commissioners have signed this compact in duplicate -originals, one of which shall be deposited with the Secretary of State of each of the signatory States. "Done at Lincoln, in the State of Nebraska, this twenty-seventh day of April, in the year of our Lord one thousand nine hundred and twenty-three. (44 Stat. 195-201) "DELPH E. CARPENTER. "ROBERT H. WILLIS." EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Legislative History. S. 2825, Public Law 37 in the 69th Congress. S. Rept. No. 140. H.R. Rept. No. 314 (on H.R. 8901). 349 LANDS FOR FAIR GROUNDS, TOWN SITE OF POWELL An act authorizing the Secretary of the Interior to convey certain lands in Powell town site, Shoshone reclamation project, Wyoming, to Park County, Wyoming. (Act of April 3, 1926, ch. 104, 44 Stat. 235) [Sec. 1. Patent authorized.]—The Secretary of the Interior is hereby authorized and directed to cause a patent to issue conveying blocks 3, 4, 5, 14, 15, 16, and the east half of blocks 6 and 13, town site of Powell, on the Shoshone reclamation project, Wyoming, to Park County, Wyoming, in a trust for use as a county fair grounds; but in said patent there shall be reserved to the United States all oil, coal, and other mineral deposits within said lands and the right to prospect for, mine, and remove the same. (44 Stat. 235) Sec. 2. [Conditions.]-The conveyance herein is made upon the express condition that within thirty days of the receipt of any request therefor from the Secretary of the Interior the county clerk of Park County, Wyoming, shall submit to the Secretary of the Interior a report as to the use made of the land herein granted the county during the preceding period named in such request, showing compliance with the terms and conditions stated in this Act; and that in the event of his failure to so report, or in the event of a showing in such report to the Secretary of the Interior that the terms of the grant have not been complied with, the grant shall be held to be forfeited, and the title shall revert to the United States, and the Secretary of the Interior is hereby authorized and empowered to determine the facts and declare such forfeiture and such reversion and restore said land to the public domain, and such order of the Secretary shall be final and conclusive. (44 Stat. 235) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Legislative History. S. 1169, Public Law 91 in the 69th Congress. S. Rept. No. 137. H.R. Rept. No. 454. 350 INTERIOR DEPARTMENT APPROPRIATION ACT FOR 1927 [Extracts from] An act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1927, and for other purposes. (Act of May 10, 1926, ch. 277, 44 Stat. 453) [Extension of time for payment of unpaid operation and maintenance or water-rental charges-Interest-Contracts for payment of unpaid construction charges-Interest.]-* * * The Secretary of the Interior is hereby authorized, in his discretion, until June 30, 1927, to extend the time for payment of operation and maintenance or water-rental charges due and unpaid for such period as in his judgment may be necessary, not exceeding five years. The charges so extended shall bear interest, payable annually, at the rate of 6 per centum per annum until paid. The Secretary of the Interior is also authorized, in his discretion, until June 30, 1927, to contract with any irrigation district or water-users' association for the payment of the construction charges then remaining unpaid within such term of years as the Secretary may find to be necessary. The construction charges due and unpaid when such contract is executed shall bear interest payable annually at the rate of 6 per centum per annum until paid. (44 Stat. 479) [Sun River, Owyhee and Baker projects-Contracts for payment of cost of constructing, operating, and maintaining works while in control of United States-Cooperation by States-Operation and maintenance charges.]—No part of the sums provided for in this act for the Sun River, Owyhee, and Baker projects shall be expended for construction purposes until a contract or contracts in form approved by the Secretary of the Interior shall have been made with an irrigation district or irrigation districts organized under State law providing for payment by the district or districts of the cost of constructing, operating, and maintaining the works during the time they are in control of the United States, such cost of constructing to be repaid within such terms of years as the Secretary may find to be necessary, in any event not more than 40 years from the date of public notice hereinafter referred to, and the execution of said contract or contracts shall have been confirmed by a decree of a court of competent jurisdiction. Upon such confirmation of such contract as to any one of such projects, the construction thereof shall proceed in accordance with any appropriations therefor provided for in this act. Prior to or in connection with the settlement and development of each of these projects, the Secretary of the Interior is authorized in his discretion to enter into agreement with the proper authorities of the State or States wherein said projects or divisions are located whereby such State or States shall cooperate with the United States in promoting the settlement of the projects or divisions after completion and |