Page:United States Statutes at Large Volume 71.djvu/535

 71

STAT.]

PUBLIC LAW 85-222-AUG. 30, 1957

shall give preference to applications for a higher use over applications for a lower use in accordance with the following order of uses: " (a) Domestic use, " /b) Irrigation use, "(c) Recreational use, including use for fish and wildlife, " (d) Industrial use, "(e) Generation of hydroelectric power, " (f) Such other uses as are recognized under the laws of the state involved. These uses are referred to in this compact as uses (a), (b), (c), (d), (e) and (f), respectively. Except as to the superiority of rights to the use of water for use (a) or (b) over the rights to the use of water for use (c), (d), (e) or (f), as governed by subdivision C of this article, upon a permit bein^ granted and a right becoming vested and perfected by use, priority m right to the use of water shall be governed by priority in time within the entire Upper Klamath River Basin regardless of State boundaries. The date of priority of any right to the use of water appropriated for the purposes above enumerated shall be the date of the filing of the application therefor, but such priority shall be dependent on commencement and completion of construction of the necessary works and application of the water to beneficial use with due diligence and within the times specified under the laws of the State where the use is to be made. Each State shall promptly provide the commission and the appropriate official of the other State with complete information as to such applications and as to all actions taken thereon. "2. Conditions on the use of water under this subdivision B in Oregon shall be: " (a) That there shall be no diversion of waters from the Upper Klamath River Basin, but this limitation shall not apply to out-ofbasin diversions of waters originating within the drainage area of Fourmile Lake. "(b) That water diverted from Upper Klamath Lake and the Klamath River and its tributaries upstream from Keno, Oregon, for use in Oregon and not consumed therein and appearing as surface return flow and waste water within the Upper Klamath River Basin shall be returned to the Klamath River or its tributaries above Keno, Oregon. "3. Conditions on the use of water under this subdivision B in California shall be: " (a) That the waters diverted from the Klamath River within the Upper Klamath River Basin for use in California shall not be taken outside the Upper Klamath River Basin. " (b) That substantially all of the return flows and waste water finally resulting from such diversions and use appearing as surface waters in the Upper Klamath River Basin shall be made to drain so as to be eventually returned to the Klamath River upstream from Keno, Oregon. "C. 1. All rights, acquired by appropriation after the effective date of this compact, to use waters originating within the Upper Klamath River Basin for use (a) or (b) in the Upper Klamath River Basin in either state shall be superior to any rights, acquired after the effective date of this compact, to use such waters (i) for any purpose outside the Klamath River Basin by diversion in California or (ii) for use (c), (d), (e) or (f) anywhere in the Klamath River Basin. Such superior rights shall exist regardless of their priority in time and may be exercised with respect to inferior rights without the payment of compensation. But such superior rights to use water for use (b) in California shall be limited to the quantity of water neces-

499

�