Page:United States Statutes at Large Volume 86.djvu/238

 196

PUBLIC LAW 92-308-JUNE 2, 1972

[86 STAT.

planning, designing, constructing, operating, or maintaining any water project or facility in the Big Blue Eiver Basin shall keep the Administration advised of its investigations and of any proposed changes and additions to existing projects and facilities, and it shall submit plans for new projects to the Administration for review of those project aspects affecting snrface-water flowage and quality. '''AKTK'LK
 * ' 'Any local, public, or private agency collecting- water data or

V — A r P O R T I O N M E N T OF W A T E R S OF THE B l «

BLDE

RIVER BASIN

" '5.1 PRINCIPLES OF APPORTIONMENT. The physical and other conditions peculiar to the Big Blue River Basin constitute the basis for this apportionment, and neither of the signatory States hereby, nor the Congress of the United States by its consent hereto, concedes that this apportionment establishes any general principle with respect to any other interstate stream. '' 'The States of Kansas and Nebraska subscribe to the principle of including storage capacity for low-flow regulaticm in reservoirs constr-ucted Dy the U.S. Bur-eau of Reclamation and the U.S. Army Corps of Engineers, and to the principle of such administration as is required to assure that water released from storage for low-flow regulation shall remain available in the stream to accomplish its intended purpose. "'5.2 NEBRASKA APPORTIONMENT.—The State of Nebraska shall have free and unrestricted use of the waters of the Little Blue and BigBlue River Basins in Nebraska, such use to be in accordance with the laws of the State of Nebraska, subject to the limitations set forth below. " '(a) Water appropriations of record in the Little Blue and Big Blue River Basins in Nebraska on November 1, 1968, that were then inactive shall be cancelled by due process of laws in effect in that State. " ' (b) During the period. May 1-September 30 the State of Nebraska shall regulate diversions from natural flow of Streams in the Little Blue and Big Blue River Basins by water appropriators junior to November 1, 1968, in order to maintain minimum mean daily flows at the state-line gaging stations (which are now located at Fairbury and Barneston, respectively, but which may be relocated at such other ))laces as may be designated state-line gaging stations by the Administration) during each month as follows: Little Blue River -May June Ji;ly August September

Big Blue River 45 cfs 45 cfs 75 cfs 80 cfs 60 cfs

May .June July August September

45 45 80 90 65

cfs cfs cfs cfs cfs

'' 'Whe2i such action is necessary to maintain the above schedule of Hows, the State of Nebraska shall: " ' (1) Limit diversions by natural-flow appropriators in Nebraska in accordance with theii- water appropriations; ' " (2) Clo.se, in reverse order of priority, natural-flow appropriations with priority dates subsequent to November 1, 1968, including rights to store water in the conservation-storage zones of reservoirs; " '(3) Enjoin all persons not holding valid natural-flow appropriations from taking water during periods when the exercise of junior natural-flow appropriations is being restricted; " '(4) Regulate, in the same manner that divereion of natural flows is reirulated, withdrawals of water from irrigation wells installed after- November 1, 1968, except equivalent wells drilled

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