T42CH34

Title 42 > T42CH34

Sections (3)

42-3401

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 34 RATIFICATION OF INTERSTATE COMPACTS 42-3401. Snake River Compact ratified. Ratification and approval is hereby given to the Snake River Compact as signed at the city of Cheyenne in the state of Wyoming on the 10th day of October, 1949, by the commissioners of the state of Idaho, acting pursuant to authority granted by sections 42-3313 — 42-3318 , and the commissioners representing the state of Wyoming and approved by the representative of the United States, which compact is in full as follows: SNAKE RIVER COMPACT The states of Idaho and Wyoming, parties signatory to this compact, have resolved to conclude a compact as authorized by the Act of June 3, 1948 (62 Stat. 294), and after negotiations participated in by the following named state commissioners: FOR IDAHO Mark R. Kulp, Boise N. V. Sharp, Filer Charles H. Welteroth, Jerome Roy Marquess, Paul Ival V. Goslin, Aberdeen R. Willis Walker, Rexburg Alex O. Coleman, St. Anthony Leonard E. Graham, Rigby Charles E. Anderson, Idaho Falls A. K. Van Orden, Blackfoot FOR WYOMING L. C. Bishop, Cheyenne E. B. Hitchcock, Rock Springs J. G. Imeson, Jackson David P. Miller, Rock Springs Carl Robinson, Afton Ciril D. Cranney, Afton Clifford P. Hansen, Jackson Clifford S. Wilson, Driggs, Idaho Lloyd Van Deburg, Jackson and by R. J. Newell, representative of the United States of America, have agreed upon the following articles, to wit: ARTICLE I A. The major purposes of this compact are to provide for the most efficient use of the waters of the Snake River for multiple purposes; to provide for equitable division of such waters; to remove causes of present and future controversies; to promote interstate comity; to recognize that the most efficient utilization of such waters is required for the development of the drainage area of the Snake River and its tributaries in Wyoming and Idaho; and to promote joint action by the states and the United States in the development and use of such waters and the control of floods. B. Either state using, claiming or in any manner asserting any right to the use of the waters of the Snake River under the authority of either state shall be subject to the terms of this compact. ARTICLE II As used in this compact: A. The term Snake River as distinguished from terms such as Snake River and its tributaries shall mean the Snake River from its headwaters to the Wyoming-Idaho boundary and all tributaries flowing into it within the boundaries of Wyoming, and the Salt River and all its tributaries. B. The terms Idaho and Wyoming shall mean, respectively, the state of Idaho and the state of Wyoming, and, except as otherwise expressly provided, either of those terms or the term state or states used in relation to any right or obligation created or recognized by this compact shall include any person or entity of any nature whatsoever, including the United States. C. The term domestic use shall mean the use of water by a

42-3402

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 34 RATIFICATION OF INTERSTATE COMPACTS 42-3402. Bear River Compact ratified. Ratification and approval is hereby given to the Bear River Compact as signed at the city of Salt Lake City, in the state of Utah on the twenty-second day of December, 1978, by Clifford J. Skinner, J. Daniel Roberts and Don W. Gilbert, commissioners of the state of Idaho, acting pursuant to authority granted by article XIV of the ratified Bear River Compact appearing at section 42-3402 , Idaho Code, and the commissioners representing the state of Utah, the state of Wyoming and approved by Wallace N. Jibson, Representative of the United States, which compact is in full as follows: AMENDED BEAR RIVER COMPACT The state of Idaho, the state of Utah, and the state of Wyoming, acting through their respective commissioners after negotiations participated in by a representative of the United States of America appointed by the President, have agreed to an amended Bear River Compact as follows: ARTICLE I A. The major purposes of this compact are to remove the causes of present and future controversy over the distribution and use of the waters of the Bear River; to provide for efficient use of water for multiple purposes; to permit additional development of the water resources of Bear River; to promote interstate comity; and to accomplish an equitable apportionment of the waters of the Bear River among the compacting states. B. The physical and all other conditions peculiar to the Bear River constitute the basis for this compact. No general principle or precedent with respect to any other interstate stream is intended to be established. ARTICLE II As used in this compact the term 1. Bear River means the Bear River and its tributaries from its source in the Uinta Mountains to its mouth in Great Salt Lake; 2. Bear Lake means Bear Lake and Mud Lake. 3. Upper Division means the portion of Bear River from its source in the Uinta Mountains to and including Pixley Dam, a diversion dam in the Southeast Quarter of Section 25, Township 23 North, Range 120 West, Sixth Principal Meridian, Wyoming; 4. Central Division means the portion of the Bear River from Pixley Dam to and including Stewart Dam, a diversion dam in Section 34, Township 13 South, Range 44 East, Boise Base and Meridian, Idaho; 5. Lower Division means the portion of the Bear River between Stewart Dam and Great Salt Lake, including Bear Lake and its tributary drainage; 6. Upper Utah Section Diversions means the sum of all diversions in second-feet from the Bear River and the tributaries of the Bear River joining the Bear River upstream from the point where the Bear River crosses the Utah-Wyoming State line above Evanston, Wyoming; excluding the diversions by the Hilliard East Fork Canal, Lannon Canal, Lone Mountain Ditch, and Hilliard West Side Canal; 7. Upper Wyoming Section Diversions means the sum of all diversions in second-feet from the Bear River main st

42-3404

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 34 RATIFICATION OF INTERSTATE COMPACTS 42-3404. Anadromous fish — Compact with Washington and Oregon — Regulatory powers of fish and game representatives of states. Should congress by virtue of the authority vested in it under article 1, section 10, of the Constitution of the United States, providing for compacts and agreements between states, ratify the following as a definite compact and agreement between the states of Washington, Oregon and Idaho, then, and in that event, there shall exist between the states of Washington, Oregon and Idaho a compact and agreement, the purport of which shall be substantially as follows: The compact states acknowledge that they have a common interest in the conservation and management of anadromous fish stocks in the Columbia River drainage and they mutually agree to assume joint responsibility in developing sports and commercial fishery programs and regulations which will maintain and preserve the resource for the interest and benefit of all users. Membership from the compact states shall be the Idaho department of fish and game, the fish commission of the state of Oregon, Oregon wildlife commission, Washington department of fisheries and the Washington department of game or the successor agency to any of the above. The compact members may appoint advisors to serve as needed. All rules and regulations now existing or which may be necessary for the conservation and management of anadromous fish in the waters of the main stem of the Columbia River from its mouth to the mouth of the Snake River and the waters of the main stem of the Snake River from its mouth to the mouth of the Salmon River, shall be made, changed, altered and amended in whole or in part by a majority vote. In voting on rules and regulations, each state shall be entitled to one (1) vote. Idaho will vote only on those regulations which might have a substantial impact on fish destined for Idaho waters. The individual states shall be responsible for the management of anadromous fish stocks in pertinent tributary streams and shall be guided in such management by the intent and purpose of this compact. History: [42-3404, added 1967, ch. 37, sec. 1, p. 59; am. 1969, ch. 6, sec. 1, p. 9; am. 1975, ch. 233, sec. 1, p. 637.]