Belle Fourche River Compact
This article does not contain the most recently published data on this subject. If you would like to help our coverage grow, consider donating to Ballotpedia.
Belle Fourche River Compact | |
![]() | |
Formation date: | 1943 |
Member jurisdictions: | 2 |
Issue(s): | Water apportionment |
The Belle Fourche River Compact is an interstate compact between South Dakota and Wyoming. The compact is intended to provide for the "most efficient use of the waters of the Belle Fourche River Basin." The compact provides supplemental water storage for the river's reservoir and flood control to residents who live along the river in both states. The compact also has congressional consent.[1][2][3]
History
The name Bell Forche means "beautiful forks" in French. The name "reflects the heritage of the French trappers who explored the region in the 18th and 19th centuries" and refers to the two rivers—the Red Water River and the Belle Fourche River—that come together in the town of Belle Fourche.[2]
Text of the compact
The legislature of each member state passes the laws with certain modifications, but the core of the legislation remains the same.[4]
Article IA. The major purposes of this compact are to provide for the most efficient use of the waters of the Belle Fourche River Basin (hereinafter referred to as the Basin) for multiple purposes; to provide for an equitable division of such waters; to remove all causes, present and future, which might lead to controversies; to promote interstate comity; to recognize that the most efficient utilization of the waters within the Basin is required for-the full development of the Basin; and to promote joint action by the States and the United States in the efficient use of water and the control of floods. Article IIAs used in this compact:
Article IIIIt shall be the duty of the two States to administer this compact through the official in each State who is now or may hereafter be charged with the duty of administering the public water supplies, and to collect and correlate through such officials the data necessary for the proper administration of the provisions of this compact. Such officials may, by unanimous action, adopt rules and regulations consistent with the provisions of this compact. Article IVEach State shall itself or in conjunction with other responsible agencies cause to be established, maintained, and operated such suitable water gaging stations as it finds necessary to administer this compact. Article VA. Wyoming and South Dakota agree that the unappropriated waters of the Belle Fourche River as of the date of this compact shall be allocated to each State as follows:
Provided that allocations to Wyoming shall be exclusive of the use of these waters for domestic and stock use, and Wyoming shall be allowed unrestricted use for these purposes, except that no reservoir for such use shall exceed 20 acre-feet in capacity. For storage of its allocated water, Wyoming shall have the privilege of purchasing at cost not to exceed 10% of the total storage capacity of any reservoir or reservoirs constructed in Wyoming for irrigation of lands in South Dakota, or may construct reservoirs itself for the purpose of utilizing such water. Either State may temporarily divert, or store for beneficial use, any unused part of the above percentages allotted to the other, but no continuing right shall be established thereby.
Article VIAny person, entity, or State shall have the right to acquire necessary property rights in another State by purchase or through the exercise of the power of eminent domain for the construction, operation and maintenance of storage reservoirs and of appurtenant works, canals, and conduits required for the enjoyment of the privileges granted by Article V and Article VII A; provided however, that the grantees of such rights shall pay to the political subdivisions of the State in which such works are located, each and every year during which such rights are enjoyed for such purposes, a sum of money equivalent to the average annual amount of taxes assessed against the lands and improvements thereon during the 10 years preceding the use of such lands in reimbursement for the loss of taxes to said political subdivision of the State. Article VIIA. Either State shall have the right, by compliance with the laws of the other State, to file applications for and receive permits to construct or participate in the construction and use of any dam, storage reservoir, or diversion works in such State for the purpose of conserving and regulating the apportioned water of the other State; provided, that such right is subject to the rights of the other State to control, regulate, and use water apportioned to it. Article VIIIIn case any reservoir is constructed in Wyoming, to be used principally for irrigation of lands in South Dakota, sufficient water not to exceed 10 cubic feet per second shall be released at all times for stock water use. Article IXNo reservoir hereafter built solely to utilize the water allocated to Wyoming shall have a capacity in excess of 1,000 acre-feet. Article XThe provisions of this compact shall remain in full force and effect until amended by action of the Legislature of the States and consented to and approved by the Congress of the United States in the same manner as this compact is required to be ratified to become effective. Article XIThis compact may be terminated at any time by unanimous consent of the States, and upon such termination, all rights then established hereunder or recognized hereby shall continue to be recognized as valid by the States notwithstanding the termination of the other provisions of the compact. Article XIINothing in this compact shall be construed to limit or prevent either State from instituting or maintaining any action or proceeding, legal or equitable, in any Federal court or the United States Supreme Court for the protection of any right under this compact or the enforcement of any of its provisions. Article XIIINothing in this compact shall be deemed:
Article XIVThis compact shall become operative when approved by the Legislature of each of the States, and when consented to by the Congress of the United States by legislation providing, among other things, that:
Article XVShould a court of competent jurisdiction hold any part of this compact to be contrary to the constitution of any State or of the United States all other severable provisions shall continue in full force and effect. |
See also
External links
- The Council of State Governments - National Center for Interstate Compacts
- Belle Fourche River Compact
- Wyoming State Water Plan: Belle Fourche River Compact
- Bureau of Reclamation: Belle Fourche Project
Footnotes
- ↑ Wyoming State Water Plan, "Belle fourche river compact, 1943," accessed September 13, 2011
- ↑ 2.0 2.1 Bureau of Reclamation, "Belle Fourche Project," accessed February 16, 2021
- ↑ National Center for Interstate Compacts, "Belle Fourche River Compact," accessed March 2, 2016
- ↑ National Center for Interstate Compacts, "Belle Fourche River Compact," accessed February 16, 2021