Section 41-12-213 – Application of Compact.
41-12-213. Application of compact. (a) Nothing in this compact shall be deemed: (i) To impair or affect any rights or powers of the United States, its agencies, or instrumentalities, in and to the use of the waters of the Belle Fourche River nor its capacity to acquire rights in and to the use of said […]
Section 41-12-214 – When Compact Becomes Operative.
41-12-214. When compact becomes operative. (a) This 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: (i) Any beneficial uses hereafter made by the United States, or those acting by or under […]
Section 41-12-215 – Severability of Provisions.
41-12-215. Severability of provisions. Should 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.
Section 41-12-207 – Construction and Use of Dams; Claims for Storage or Diversion; Appropriations.
41-12-207. Construction and use of dams; claims for storage or diversion; appropriations. (a) 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 […]
Section 41-12-208 – Water for Stock Water Use in South Dakota.
41-12-208. Water for stock water use in South Dakota. In case any reservoir is constructed in Wyoming to be used principally for irrigation of lands in South Dakota, sufficient water not to exceed ten (10) cubic feet per second shall be released at all times for stock water use.
Section 41-12-209 – Size of Reservoirs.
41-12-209. Size of reservoirs. No reservoir hereafter built solely to utilize the water allocated to Wyoming shall have a capacity in excess of one thousand (1,000) acre-feet.
Section 41-12-210 – Duration of Compact.
41-12-210. Duration of compact. The 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.
Section 41-12-211 – Termination of Compact.
41-12-211. Termination of compact. This 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.
Section 41-12-212 – Rights of Action Preserved.
41-12-212. Rights of action preserved. Nothing 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 […]
Section 41-12-205 – Allocation of Waters.
41-12-205. Allocation of waters. (a) 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: Ninety percent (90%) to South Dakota Ten percent (10%) to Wyoming; provided, that allocations to Wyoming shall be exclusive of the […]