Page:United States Statutes at Large Volume 94 Part 1.djvu/60

 94 STAT. 10

Interstate water delivery schedules, findings of fact.

Prima facie evidence. Emergency termination.

PUBLIC LAW 96-189—FEB. 8, 1980 to be paid by each State shall be determined by the ratio between the number of acres therein which are irrigated by diversions from such tributary, and the total number of acres irrigated from such tributary. "D. In preparing interstate water delivery schedules the Commission, upon notice and after public hearings, shall make findings of fact as to the nature, priority, and extent of water rights, rates of flow, duty of water, irrigated acreages, types of crops, time of use, and related matters; provided that such schedules shall recognize and incorporate therein priority of water rights as adjudicated in each of the signatory States. Such findings of fact shall, in any court or before any tribunal, constitute prima facie evidence of the facts found. "E. Water emergencies provided for herein shall terminate on September 30 of each year unless terminated sooner or extended by the Commission. "ARTICLE V

Lower Division water rights, Idaho and Utah.

Allocation charge. Depletions.

"A. Water rights in the Lower Division acquired under the laws of Idaho and Utah covering water applied to beneficial use prior to January 1, 1976, are hereby recognized and shall be administered in accordance with State law based on priority of rights as provided in Article IV, paragraph A3. Rights to water first applied to beneficial use on or after January 1, 1976, shall be satisfied from the respective allocations made to Idaho and Utah in this paragraph and the water allocated to each State shall be administered in accordance with State law. Subject to the foregoing provisions, the remaining water in the Lower Division, including ground water tributary to the Bear River, is hereby apportioned for use in Idaho and Utah as follows: "(1) Idaho shall have the first right to the use of such remaining water resulting in an annual depletion of not more than 125,000 acrefeet. "(2) Utah shall have the second right to the use of such remaining water resulting in an annual depletion of not more than 275,000 acrefeet. "(3) Idaho and Utah shall each have an additional right to deplete annually on an equal basis, 75,000 acre-feet of the remaining water after the rights provided by subparagraphs (1) and (2) above have been satisfied. "(4) Any remaining water in the Lower Division after the allocations provided for in subparagraphs (1), (2), and (3) above have been satisfied shall be divided; thirty (30) percent to Idaho and seventy (70) percent to Utah. "B. Water allocated under the above subparagraphs shall be charged against the State in which it is used regardless of the location of the point of diversion. "C. Water depletions permitted under provisions of subparagraphs (1), (2), (3), and (4) above, shall be calculated and administered by a Commission-approved procedure. "ARTICLE VI

Reservoir storage rights.

"A. Existing storage rights in reservoirs constructed above Stewart Dam prior to February 4, 1955, are as follows: "Idaho "Utah "Wyoming

324 acre-feet 11,850 acre-feet 2,150 acre-feet

"Additional rights are hereby granted to store in any water year above Stewart Dam, 35,500 acre-feet of Bear River water and no more

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