Page:United States Statutes at Large Volume 57 Part 1.djvu/104

 57 STAT.] 78TH CONG., 1ST SESS.-CH. 104-MAY 26, 1943 "(c) The United States, or those acting by or under its authority, will recognize any established use, for domestic and irrigation pur- poses, of the waters allocated by this compact which may be impaired by the exercise of federal jurisdiction in, over, and to such waters; provided, that such use is being exercised beneficially, is valid under the laws of the appropriate State and in conformity with this compact at the time of the impairment thereof, and was validly initiated under state law prior to the initiation or authorization of the federal program or project which causes such impairment. "IN WITNESS WHEREOF, the Commissioners have signed this compact in quadruplicate original, one of which shall be deposited 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 of the States. "Done in the City of Lincoln, in the State of Nebraska, on the 31st day of December, in the year of our Lord, one thousand nine hundred forty-two. "M. C. HIlNDEKRDER "Commissioner for Colorado "GEorOE S. KNAPP "Commissioner for Kansas "WARDNER G. Sco'r "Commissioner for Nebraska "I have participated in the negotiations leading to this proposed compact and propose to report to the Congress of the United States favorably thereon. "GLENN L. PARKEB "Representative of the United States" SEC. 2 . (a) In order that the conditions stated in article XI of the compact hereby consented to shall be met and that the compact shall be and continue to be operative, the following provisions are enacted- (1) any beneficial consumptive uses by the United States, or those acting by or under its authority, within a State, of the waters allocated by such compact, shall be made within the allo- cations made by such compact for use in that State and shall be taken into account in determining the extent of use within that State; (2) the United States, or those acting by or under its authority, in the exercise of rights or powers arising from whatever juris- diction the United States has in, over, and to the waters of the Basin shall recognize, to the extent consistent with the best utili- zation of the waters for multiple purposes, that beneficial con- sumptive use of the waters within the Basin is of paramount importance to the development of the Basin; and no exercise of such power or right thereby that would interfere with the full beneficial consumptive use of the waters within the Basin shall be made except upon a determination, giving due consideration to the objectives of such compact and after consultation with all interested Federal agencies and the State officials charged with the administration of such compact, that such exercise is in the interest of the best utilization of such waters for multiple purposes. (3) the United States, or those acting by or under its authority, will recognize any established use, for domestic and irrigation purposes, of the waters allocated by such compact which may be impaired by the exercise of Federal jurisdiction in, over, and to such waters: Provided, That such use is being exercised bene- ficially, is valid under the laws of the appropriate State and in conformity with such compact at the time of the impairment 91 Enactment of car- tain provisions of com- pact.

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