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S. 2431 (85th): An Act granting the consent of Congress to the Klamath River Basin Compact between the States of California and Oregon, and for related purposes.


The text of the bill below is as of Aug 30, 1957 (Passed Congress).


71 S T A T . ]        PUBLIC LAW 8 5 - 2 2 2 - A U G . 30, 1957                                 497

Public Law 85-222
                                   •^^ ACT                                          August 30, 1957
Granting the consent of Congress to the Klamath River Basin Compact between            [S. 2431]
        the States of California and Oregon, and for related purposes.

  Be it enacted hy the Senate and House of Representatives of the
                                                                        K l am a t h River
United States of America in Congress asserribled^ That the consent of Basin
                                                                       __    Coup act.
Congress is hereby given to the Klamath River Basin Compact be- congressional
tween the States of California and Oregon, which compact is as *=°"'*"*'
follows:
                  " K L A M A T H R I V E E B A S I N COMPACT
                                      "INDEX
"Article   I                             Purposes
 Article   II                            Definition of Terms
 Article   III                           Distribution and Use of Water
 Article   IV                            Hydroelectric Power
 Article   V                             Interstate Diversion and Storage Rights;
                                           Measuring Devices
 Article VI                              Acquisition of Property for Storage and
                                           Diversion; in Lieu of Taxes
 Article   VII                           Pollution Control
 Article   VIII                          Miscellaneous
 Article   IX                            Administration
 Article   X                             Status of Indian Rights
 Article   XI                            Federal Rights
 Article   XII                           General Provisions
 Article   XIII                          Ratification
 Article   XIV                           Termination

                              "ARTICLE I.    PURPOSES

   "The major purposes of this compact are, with respect to the water
resources of the Klamath River Basin :
   "A. To facilitate and promote the orderly, integrated, and com-
prehensive development, use, conservation, and control thereof for
various purposes, including, among others: the use of water for
domestic purposes; the development of lands by irrigation and other
means; the protection and enhancement of fish, wildlife, and recrea-
tional resources; the use of water for industrial purposes and hydro-
electric power production; and the use and control of water for navi-
gation and flood prevention.
   " B . To further intergovernmental cooperation and comity with
respect to these resources and programs for their use and develop-
ment and to remove causes of present and future controversies by
providing (1) for equitable distribution and use of water among the
two States and the Federal Government, (2) for preferential rights
to the use of water after the effective date of this compact for the
anticipated ultimate requirements for domestic and irrigation pur-
poses in the Upper Klamath River Basin in Oregon and California,
and (3) for prescribed relationships between beneficial uses of water
as a practicable means of accomplishing such distribution and use.
                      "ARTICLE I I , DEFINITION OF TERMS

  "As used in this compact:
  "A. 'Klamath River Basin' shall mean the drainage area of the
Klamath River and all its tributaries within the States of California
and Oregon and all closed basins included in the Upper Klamath
River Basin.

PUBLIC LAW 85-222-AUG. 30, 1957 [71 S T A T . "B. 'Upper Klamath River Basin' shall mean the drainage area of the Klamath River and all its tributaries upstream from the boundary between the States of California and Oregon and the closed basins of Butte Valley, Red Rock Valley, Lost River Valley, Swan Lake Valley and Crater Lake, as delineated on the official map of the Upper Klamath River Basin approved on September 6, 1956, by the commissions negotiating this compact and filed with the Sec- retaries of State of the two states and the General Services Admin- istration of the United States, which map is incorporated by refer- ence and made a part hereof. "C. 'Commission' shall mean the Klamath River Compact Com- mission as created by Article I X of this compact. "D. 'Klamath Project' of the Bureau of Reclamation of the Department of the Interior of the United States shall mean that area as delineated by appropriate legend on the official map incor- porated by reference under subdivision B of this article. "E. 'Person' shall mean any individual or any other entity, public or private, including either state, but excluding the United States. " F . 'Keno' shall mean a point on the Klamath River at the present needle dam, or any substitute control dam constructed in Section 36, Township 39 South, Range 7 East, Willamette Base and Meridian. "G. 'Water' or 'waters' shall mean waters appearing on the surface of the ground in streams, lakes or otherwise, regardless of whether such waters at any time were or will become ground water, but shall not include water extracted from underground sources until after such water is used and becomes surface return flow or waste water. " H . 'Domestic use' shall mean the use of water for human suste- nance, sanitation and comfort; for municipal purposes; for livestock watering; for irrigation of family gardens; and for other like purposes. " I . 'Industrial use' shall mean the use of water in manufacturing operations. " J . 'Irrigation use' shall mean the use of water for production of agricultural crops, including grain grown for feeding wildfowl. "ARTICLE I I I . DISTRIBUTION AND U S E OP WATER "A. There are hereby recognized vested rights to the use of waters originating in the Upper Klamath River Basin validly established and subsisting as of the effective date of this compact under the laws of the state in which the use or diversion is made, including rights to the use of waters for domestic and irrigation uses within the Klamath Project. There are also hereby recognized rights to the use of all waters reasonably required for domestic and irrigation uses which may hereafter be made within the Klamath Project. " B . Subject to the rights described in subdivision A of this article and excepting the uses of water set forth in subdivision E of Article X I , rights to the use of unappropriated waters originating within the Upper Klamath River Basin for any beneficial use in the Upper Klamath River Basin, by direct diversion or by storage for later use, may be acquired by any person after the effective date of this compact by appropriation under the laws of the state where the use is to be made, as modified by the following provisions of this sub- division B and subdivision C of this article, and may not be acquired in any other way: " 1 . I n granting permits to appropriate waters under this sub- division H, as among conflicting applications to appropriate when there is insufficient water to satisfy all such applications, each state
71 S T A T . ] PUBLIC LAW 85-222-AUG. 30, 1957 499 shall give preference to applications for a higher use over applica- tions for a lower use in accordance with the following order of uses: " ( a ) Domestic use, " /b) Irrigation use, "(c) Recreational use, including use for fish and wildlife, " ( d ) Industrial use, "(e) Generation of hydroelectric power, " ( f ) Such other uses as are recognized under the laws of the state involved. These uses are referred to in this compact as uses ( a ) , (b), (c), ( d ) , (e) and (f), respectively. Except as to the superiority of rights to the use of water for use (a) or (b) over the rights to the use of water for use (c), ( d ) , (e) or (f), as governed by subdivision C of this article, upon a permit bein^ granted and a right becoming vested and perfected by use, priority m right to the use of water shall be gov- erned by priority in time within the entire Upper Klamath River Basin regardless of State boundaries. The date of priority of any right to the use of water appropriated for the purposes above enumerated shall be the date of the filing of the application therefor, but such priority shall be dependent on commencement and completion of construction of the necessary works and application of the water to beneficial use with due diligence and within the times specified under the laws of the State where the use is to be made. Each State shall promptly provide the commission and the appropriate official of the other State with complete information as to such applications and as to all actions taken thereon. "2. Conditions on the use of water under this subdivision B in Oregon shall be: " ( a ) That there shall be no diversion of waters from the Upper Klamath River Basin, but this limitation shall not apply to out-of- basin diversions of waters originating within the drainage area of Fourmile Lake. "(b) That water diverted from Upper Klamath Lake and the Klamath River and its tributaries upstream from Keno, Oregon, for use in Oregon and not consumed therein and appearing as surface return flow and waste water within the Upper Klamath River Basin shall be returned to the Klamath River or its tributaries above Keno, Oregon. "3. Conditions on the use of water under this subdivision B in California shall be: " ( a ) That the waters diverted from the Klamath River within the Upper Klamath River Basin for use in California shall not be taken outside the Upper Klamath River Basin. " ( b ) That substantially all of the return flows and waste water finally resulting from such diversions and use appearing as surface waters in the Upper Klamath River Basin shall be made to drain so as to be eventually returned to the Klamath River upstream from Keno, Oregon. "C. 1. All rights, acquired by appropriation after the effective date of this compact, to use waters originating within the Upper Klamath River Basin for use (a) or (b) in the Upper Klamath River Basin in either state shall be superior to any rights, acquired after the effective date of this compact, to use such waters (i) for any pur- pose outside the Klamath River Basin by diversion in California or (ii) for use (c), ( d ) , (e) or (f) anywhere in the Klamath River Basin. Such superior rights shall exist regardless of their priority in time and may be exercised with respect to inferior rights without the payment of compensation. But such superior rights to use water for use (b) in California shall be limited to the quantity of water neces-
500 PUBLIC LAW 85-222-AUG. 30, 1957 [71 S T A T . sary to irrigate 100,000 acres of land, and in Oregon shall be limited to the quantity of water necessary to irrigate 200,000 acres of land. "2. The provisions of paragraph 1 of this subdivision C shall not prohibit the acquisition and exercise after the effective date of this compact of rights to store waters originating within the Upper Klamath River Basin and to make later use of such stored water for any purpose, as long as the storing of waters for such later use, while being effected, does not interfere with the direct diversion or storage of such waters for use (a) or (b) in the Upper Klamath River Basin. "ARTICLE IV. HYDROELECTRIC POWER " I t shall be the objective of each state, in the formulation and exe- cution and the granting of authority for the formulation and execu- tion of plans for the distribution and use of the waters of the Klamath River Basin, to provide for the most efficient use of avail- able power head and its economic integration with the distribution of water for other beneficial uses in order to secure the most economi- cal distribution and use of water and lowest power rates which may be reasonable for irrigation and drainage pumping, including pump- ing from wells. "ARTICLE V. INTERSTATE DIVERSION AND STORAGE R I G H T S ; MEASURING DEVICES A. Each state hereby grants for the benefit of the other and its designees the right to construct and operate facilities for the measure- ment, diversion, storage and conveyance of water from the Upper Klamath River Basin in one state for use in the other insofar as the exercise of such right may be necessary to effectuate and comply with the terms of this compact. The location of such facilities shall be subject to approval by the commission. " ( B ) Each state or its designee, exercising within the jurisdiction of the other a right granted under subdivision A of this article, shall make provision for the establishment, operation and maintenance of permanent gaging stations at such points on streams or reservoir or conveyance facilities as may be required by the commission for the purpose of ascertaining and recording the volume of diversions by the streams or facilities involved. Said stations shall be equipped with suitable devices for determining the flow of water at all times. All information obtained from such stations shall be compiled in accordance with the standards of the United States Geological Sur- vey, shall be filed with the commission, and shall be available to the public. "ARTICLE VI. ACQUISITION or PROPERTY FOR STORAGE AND DIVERSION ; IN LIEU TAXES "A. Subject to approval of the commission, either state shall have the right (1) to acquire such property rights in the other state as are necessary for the diversion, storage, conveyance, measurement and use of water in conformity with this compact, by donation or pur- chase, or (2) to elect to have the other state acquire such property rights for it by purchase or through the exercise of the power of eminent domain. A state making the latter election shall make a written request therefor and the other state shall expeditiously acquire said property rights either by purchase at a price satisfactory to the requesting state, or, if such purchase cannot be made, then through the exercise of its power of eminent domain, and shall convey said property rights to the requesting state or its designee. All costs
71 S T A T . ] PUBLIC LAW 8 5 - 2 2 2 - A U G . 30, 1957 501 of such acquisition shall be paid by the requesting state. Neither state shall have any greater power to acquire property rights for the other state through the exercise of the power of eminent domain than it would have under its laws to acquire the same property rights for itself. " B . Should any diversion, storage or conveyance facilities be con- structed or acquired in either state for the benefit of the other state, as herein provided, the construction, repair, replacement, maintenance and operation of such facilities shall be subject to the laws of the state in which the facilities are located, except that the proper officials of that state shall permit the storage, release and conveyance of any water to which the other state is entitled under this compact. "C. Either state having property rights other than water rights in the other state acquired as provided in this article shall pay to each political subdivision of the state in which such property rights are located, each and every year during which such rights are held, a sum of money equivalent to the average annual amount of taxes assessed against those rights during the 10 years preceding the acquisition of such rights in reimbursement for the loss of taxes to such political subdivisions of the state. Payments so made to a political subdivision shall be in lieu of any and all taxes by that subdivision on the property rights for which the payments are made. "ARTICLE V I I . POLLUTION CONTROL "A. The states recognize that the growth of population and the economy of the Upper Klamath River Basin can result in pollution of the waters of the Upper Klamath River Basin constituting a menace to the health and welfare of, and occasioning economic loss to, people living or having interests in the Klamath River Basin. The states recognize further that protection of the beneficial uses of the waters of the Klamath River Basin requires cooperative action of the two states in pollution abatement and control. "B. To aid in such pollution abatement and control, the commis- sion shall have the duty and power: " 1 . To cooperate with the states or agencies thereof or other en- tities and with the United States for the purpose of promoting effec- tive laws and the adoption of effective regulations for abatement and control of pollution of the waters of the Klamath River Basin, and from time to time to recommend to the governments reasonable mini- mum standards for the quality of such waters. "2. To disseminate to the public by any and all appropriate means information respecting pollution abatement and control in the waters of the Klamath River Basin and on the harmful and uneconomic results of such pollution. "C. Each state shall have the primary obligation to take appropri- ate action under its own laws to abate and control interstate pollution, which is defined as the deterioration of the quality of the waters of the Upper Klamath River Basin within the boundaries of such state which materially and adversely affects beneficial uses of waters of the Klamath River Basin in the other state. Upon complaint to the commission by the state water pollution control agency of one state that interstate pollution originating in the other state is not being prevented or abated, the procedure shall be as follows: " 1 . The commission shall make an investigation and hold a con- ference on the alleged interstate pollution with the water pollution control agencies of the two states, after which the commission shall recommend appropriate corrective action.
602 PUBLIC LAW 85-222-AUG. 30, 1957 [71 S T A T . "2. If appropriate corrective action is not taken within a reason- able time, the commission shall call a hearing, giving reasonable notice in writing thereof to the water pollution control agencies of the two states and to the person or persons which it is believed are causing the alleged interstate pollution. Such hearing shall be held in ac- cordance with rules and regulations of the commission, which shall conform as nearly as practicable with the laws of the two states gov- erning administrative hearings. A t the conclusion of such hearing, the commission shall make a finding as to whether interstate pollu- tion exists, and if so, shall issue to any person or persons which the commission finds are causing such interstate pollution an order or orders for correction thereof. "3. I t shall be the duty of the person against whom any such order is issued to comply therewith. An^ court of general jurisdic- tion of the state where such discharge is occurring or the United States District Court for the district where the discharge is occurring shall have jurisdiction, on petition of the commission for enforce- ment of such order, to compel action by mandamus, injunction, spe- cific performance, or any other appropriate remedy, or on petition of the person against whom the order is issued to review any order. A t the conclusion of such enforcement or review proceedings, the court may enter such decree or judgment affirming, reversing, modi- fying, or remanding such order as in its judgment is proper in the circumstances on the basis of the rules customarily applicable in pro- ceedings for court enforcement or review of administrative actions. "D. The water pollution control agencies of the two states shall, from time to time, make available to the commission all data relating to the quality of the waters of the Upper Klamath River Basin which they possess as the result of studies, surveys and investigations thereof which they may have made. "ARTICLE V I I I . MISCELLANEOUS "A. Subject to vested rights as of the effective date of this com- pact, there shall be no diversion of waters from the basin of Jenny Creek to the extent that such waters are required, as determined by the commission, for use on land within the basin of Jenny Creek. "B. Each state shall exercise whatever administrative, judicial, legislative or police powers it has that are required to provide any necessary re-regulation or other control over the flow of the Klamath River downstream from any hydroelectric power plant for protection of fish, human life or property from damage caused by fluctuations resulting from the operation of such plant. "ARTICLE I X . ADMINISTRATION "A. 1. There is hereby created a commission to administer this compact. The commission shall consist of three members. The representative of the State of California shall be the Department of Water Resources. The representative of the State of Oregon shall be the State Engineer of Oregon who shall serve as ex officio repre- sentative of the State Water Resources Board of Oregon. The President is requested to appoint a federal representative who shall be designated and shall serve as provided by the laws of the United States. "2. The representative of each state shall be entitled to one vote in the commission. The representative of the United States shall serve as chairman of the commission without vote. The compensation and expenses of each representative shall be fixed and paid by the govern-
71 S T A T . ] PUBLIC LAW 8 5 - 2 2 2 - A U G . 30, 1957 503 ment -which he represents. Any action by the commission shall be eflfective only if it be agreed to by both voting members. "3. The commission shall meet to establish its formal organization within 60 days after the effective date of this compact, sucli meeting to be at the call of the governors of the two states. The commission shall then adopt its initial set of rules and regulations governing the management of its internal affairs providing for, among other things, the calling and holding of meetings, the adoption of a seal, and the authority and duties of the chairman and executive director. The commission shall establish its office within the Upper Klamath River Basin. "4. The commission shall appoint an executive director, who shall also act as secretary, to serve at the pleasure of the commission and at such compensation, under such terms and conditions and perform- ing such duties as it may fix. The executive director shall be the custodian of the records of the commission with authority to affix the commission's official seal, and to attest to and certify such records or copies thereof. The commission, without regard to the provisions of the civil service laws of either state, may appoint and discharge such consulting, clerical and other personnel as may be necessary for the performance of the commission's functions, may define their duties, and may fix and pay their compensation. The commission may require the executive director and any of its employes to post official bonds, and the cost thereof shall be paid by the commission. "5. All records, files and documents of the commission shall be open for public inspection at its office during established office hours. "6. No member, officer or employe of the commission shall be liable for injury or damage resulting from (a) action taken by such member, officer or employe in good faith and without malice under the apparent authority of this compact, even though such action is later judicially determined to be unauthorized, or (b) the negligent or wrongful act or omission of any other person, employed by the commission and serving under such officer, member or employe, unless such member, officer or employe either failed to exercise due care in the selection, appointment or supervision of such other person, or failed to take all available action to suspend or discharge such other person after knowledge or notice that such other person was inefficient or incompetent to perform the work for which he was employed. No suit may be instituted against a member, officer or employe of the commission for damages alleged to have resulted from the negligent or wrongful act or omission of such member, officer or employe or a subordinate thereof occurring during the performance of his official duties unless, within 90 days after occurrence of the incident, a veri- fied claim for damages is presented in writing and filed with such member, officer or employe and with the commission. I n the event of a suit for damages against any member, officer or employe of the commission on account of any act or omission in the performance of his or his subordinates' official duties, the commission shall arrange for the defense of such suit and may pay all expenses therefor on behalf of such member, officer or employe. The commission may at its expense insure its members, officers and employes against liability resulting from their acts or omissions in the performance of their official duties. Nothing in this paragraph shall be construed as imposing any liability upon anjr member, officer or employe of the commission that he would otherwise not have. "7. The commission mav incur obligations and pay expenses which are necessary for the performance of its functions. But it shall not pledge the credit of any government except by and with the authority of the legislative body thereof given pursuant to and in keeping
604 PUBLIC LAW 85-222-AUG. 30, 1957 [71 S T A T . with the constitution of such government, nor shall the commission incur any obligations prior to the availability of funds adequate to meet them. "8. The commission may: " ( a ) Borrow, accept or contract for the services of personnel from any government or agency thereof, from any intergovernmental agen- cy, or from any other entity. " ( b ) Accept for any of its purposes and functions under this com- pact any and all donations, gifts, grants of money, equipment, supplies, materials and services from any government or agency thereof or intergovernmental agency or from any other entity. "(c) Acquire, hold and dispose of real and personal property as may be necessary in the performance of its functions. " ( d ) Make such studies, surveys and investigations as are necessary in carrying out the provisions of this compact. "9. All meetings of the commission for the consideration of and action on any matters coming before the commission, except matters involving the management or internal affairs of the commission and its staff, shall be open to the public. Matters coming within the ex- ception of this paragraph may be considered and acted upon by the commission in executive sessions under such rules and regulations as may be established therefor. "10. I n the case of the failure of the two voting membei-s of the commission to agree on any matter relating to the administration of this compact as provided in paragraph 2 of this subdivision A, the representative from each state shall appoint one person and the two appointed persons shall appoint a third person. The three appointees shall sit as an arbitration forum. The terms of appointment and the compensation of the members of the arbitration forum shall be fixed by the commission. Matters on which the two voting members of the commission have failed to agree shall be decided by a majority vote of the members of the arbitration forum. Each state obligates itself to abide by the decision of the arbitration forum, subject, how- ever, to the right of each state to have the decision reviewed by a court of competent jurisdiction. "11. The commission shall have the ri^ht of access, through its authorized representatives, to all properties in the Klamath River Basin whenever necessary for the purpose of administration of this compact. The commission may obtain a court order to enforce its right of access. " B . 1. The commission shall submit to the governor or designated officer of each stat^ a budget of its estimated expenditures for such period and at such times as may be required by the 1J\WS of that state for presentation to the legislature thereof. Each state pledges itself to appropriate and pay over to the commission one-half of the amount required to finance the commission's estimated expenditures as set forth in each of its budgets, and pledges further that concurrently with approval of this compact by its legislature the sum of not less that $12,000 will be appropriated by it to be j)aid over to the com- mission at its first meeting for use in financing the commission's functions until the commission can prepare its first budget and re- ceive its first appropriation thereunder from the states. "2. The commission shall keep accurate accounts of all receipts and disbursements, which shall be audited yearly by a certified public accountant, and the report of the audit shall be made a part of its annual report. The accounts of the commission shall be open for public inspection during established office hours. "3. The commission shall make and transmit to the legislature and governor of each state and to the President of the United States an
71 S T A T . ] PUBLIC LAW 85-222-AUG. 30, 1957 505 annual report covering the finances and activities of the commission and embodying such plans, recommendations and findings as may have been adopted by the commission. "C. 1. The commission shall have the power to adopt, and to amend or repeal, such rules and regulations to effectuate the purposes of this compact as in its judgment may be appropriate. "2. Except as to matters involving exclusively the management of the internal affairs of the commission and its staff or involving emergency matters, prior to the adoption amendment or repeal of any rule or regulation the commission shall hold a hearing at which any interested person shall have the opportunity to present his views on the proposed action in writing, with or without the opportunity to present the same orally. The commission shall give adequate advance notice in a reasonable manner of the time, place and subject of such hearings. "3. Emergency rules and regulations may be adopted without a prior hearing, but in such case they may be effective for not longer than 90 days. "4. The commission shall publish its rules and regulations in con- venient form. "ARTICLE X . STATUS OF INDIAN RIGHTS "A. Nothing in this compact shall be deemed: " 1 . To affect adversely the present rights of any individual Indian, tribe, band or community of Indians to the use of the waters of the Klamath River Basin for irrigation. "2. To deprive any individual Indian, tribe, band or community of Indians of any rights, privileges, or immunities afforded under Federal treaty, agreement or statute. "3. To affect the obligations of the United States of America to the Indians, tribes, bands or communities of Indians, and their reserva- tions. "4. To alter, amend or repeal any of the provisions of the Act of August 13,1954, (68 Stat. 718) as it may be amended. 25 use 564. " B . Lands within the Klamath Indian Reservation which are brought under irrigation after the effective date of this compact, whether before or after Section 14 of said Act of August 13, 1954, 25 use 564m. becomes fully operative, shall be taken into account in determining whether the 200,000 acre limitation provided in paragraph 1 of sub- division C of Article I I I has been reached. "ARTICLE X I . FEDERAL RIGHTS "Nothing in this compact shall be deemed: "A. To impair or affect any rights, powers or jurisdiction in the United States, its agencies or those acting by or under its authority, in, over and to the waters of the Klamath River Basin, nor to impair or affect the capacity of the United States, its agencies or those acting by or under its authority in any manner whatsoever, except as otherwise provided by the federal legislation enacted for the imple- mentation of this compact as specified in Article X I I I . "B. To subject any property of the United States, its agencies or instrumentalities, to taxation by either state or any subdivision thereof, unless otherwise provided by Act of Congress. "C. To subject any works or property of the United States, its agen- cies, instrumentalities or those acting by or under its authority, used in connection with the control or use of waters which are the subject of this compact, to the laws of any state to an extent other than the extent to which those laws would apply without regard to this com-
606 PUBLIC LAW 85-222-AUG. 30, 1957 [71 S T A T . pact, except as otherwise provided by the federal legislation enacted for the implementation of this compact as specified in Article X I I I . "D. To affect adversely the existing areas of Crater Lake National P a r k or Lava Beds National Monument, or to limit the operation of laws relating to the preservation thereof. "E. To apply to the use of water for the maintenance, on the scale at which such land and water areas are maintained as of the effective date of this compact, of officially designated waterfowl management areas, including water consumed by evaporation and transpiration on water surface areas and water used for irrigation or otherwise in tlie Upper Klamath River Basin; nor to affect the rights and obligations of the United States under any migratory bird treaty or the Migra- 16 use 715. tory Bird Conservation Act (45 Stat. 1222), as amended, to the effec- tive date of this compact. "ARTICLE X I I . GENERAL PROVISIONS "A. Each state and all persons using, claiming or in any manner asserting any right to the use of the waters of the Klamath River Basin under the authority of either state shall be subject to the terms of this compact. " B . 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 court of competent jurisdiction tor the pro- tection of any right under this compact or the enforcement of any of its provisions. "C. Should a court of competent jurisdiction hold any part of this compact to be contrary to the Constitution of either state or the United States, all other provisions shall continue in full force and effect, unless it is authoritatively and finally determined judicially that the remaining provisions cannot operate for the purposes, or substantially in the manner, intended by the states independently of the portions declared unconstitutional or invalid. "D. Except as to matters requiring the exercise of discretion by the commission, the provisions of this compact shall be self-executing and shall by operation of law be conditions of the various state per- mits, licenses or other authorizations relating to the waters of the Klamath River Basin issued after the effective date of this compact. " E . The physical and other conditions peculiar to the Klamath River Basin constitute the basis for this compact, and neither of the states hereby, nor the Congress of the United States by its consent, considers that this compact establishes any general principle or prece- dent with respect to any other interstate stream. "ARTICLE X I I I . RATIFICATION "A. This compact shall become effective when ratified by the legis- lature of each signatory state, and w^hen consented to by an act of Congress of the United States which will, in substance, meet the provisions hereinafter set forth in this article. " B . The act of Congress referred to in subdivision A of this article shall provide that the United States or any agency thereof, and any entity acting under any license or other authority granted under the laws of the United States (referred to in this article as 'the United States'), in connection with developments undertaken after the effec- tive date of this compact pursuant to laws of the United States, shall comply with the following requirements:
71 S T A T . ] PUBLIC LAW 85-222-AUG. 30, 1957 507 " 1 . The United States shall recognize and be bound by the provi- sions of subdivision A of Article I I I . "2. The United States shall not, without payment of just compensa- tion, impair any rights to the use of water for use (a) or (b) within the Upper Klamath River Basin by the exercise of any powers or rights to use or control water (i) for any purpose whatsoever outside the Klamath River Basin by diversions in California or (ii) for any purpose whatsoever within the Klamath River Basin other than use (a) or (b). But the exercise of powers and rights by the United States shall be limited under this paragraph 2 only as against rights to the use of water for use (a) or (b) within the Upper Klamath River Basin which are acquired as provided in subdivision B of Article I I I after the effective date of this compact, but only to the extent that annual depletions in the flow of the Klamath River at Keno resulting from the exercise of such rights to use water for uses (a) and (b) do not exceed 340,000 acre-feet in any one calendar year. "3. The United States shall be subject to the limitation on diversions of waters from the basin of Jenny Creek as provided in subdivision A of Article y i l l . "4. The United States shall be governed by all the limitations and provisions of paragraph 2 and subparagraph (a) of paragraph 3 of subdivision B of Article I I I . "5. The United States, with respect to any irrigation or reclama- tion development undertaken by the United States in the Upper Klamath River Basin in California, shall provide that substantially all of the return flows and waste water finally resulting from such diversions and use appearing as surface waters in the Upper Klamath River Basin shall be made to drain so as to be eventually returned to the Klamath River upstream from Keno, unless the Secretary of the Interior shall determine that compliance with this requirement would render it less feasible than under an alternate plan of develop- ment, in which event such return flows and waste waters shall be re- turned to the Klamath River at a point above Copco Lake. "C. Upon enactment of the act of Congress referred to in subdi- vision A of this article and so long as such act shall be in effect, the United States, when exercising rights to use water pursuant to state law, shall be entitled to all of the same privileges and benefits of this compact as any person exercising similar rights. "D. Such act of Congress shall not be construed as relieving the United States of any requirement of compliance with state law which may be provided by other federal statutes. "ARTICLE X I V . TERMINATION "This compact may be terminated at any time by legislative con- sent of both states, but despite such termination, all rights then estab- lished hereunder or recognized hereby shall continue to be recognized as valid by the states." SEC. 2. As used in this Act— (a) The term "United States" shall mean collectively or separately. Definitions, as the case may be, the United States, any agency thereof, and any entity acting under any license or other authority granted under the laws of the United States. (b) The terms appearing herein which are defined in article I I or I I I of the compact shall have the meaning there stated. (c) "The compact" refers to the Klamath River Basin Compact, set forth in section 1 of this Act.
608 PUBLIC LAW 85-222-AUG. 30, 1957 [71 ST A T . SEC. 3. (a) Reserving the constitutional powers of the United States and subject to the provisions of section 4 of this Act, the United States, in connection with developments undertaken after the effective date of this Act, pursuant to the laws of the United States, shall comply with the requirements set forth in paragraphs num- bered 1, 2, 3, 4 and 5 of subdivision B in article X I I I of the compact. (b) The United States, when exercising rights to use water pur- suant to State law, shall be entitled to all of the same privileges and benefits of the compact as any person exercising similar rights. (c) This Act shall not be construed as relieving the United States of any requirement of compliance with State law which may be pro- vided by other Federal statutes. SEC. 4. Nothing in this Act or in the compact shall be construed as: (a) Affecting the obligations of the United States to the Indians or Indian tribes, bands, or communities of Indians, or any right owned or held by or for the Indians or Indian tribes, bands or communities of Indians, which is subject to control by the United States. (b) Enlarging, diminishing or otherwise affecting the jurisdiction of the courts of the United States. (c) Impairing or affecting any existing rights of the United States to waters of the Klamath River Basin now beneficially used by the United States; nor any power or capacity of the United States to acquire rights in and to the use of the said waters of said basin by purchase, donation, or eminent domain. U. S. representa- tive. SEC. 5. (a) The Federal representative to the Commission shall be Appointment. appointed by the President, and shall report to the President either directly or through such agency or official of the Government as the President may specify. Such representative shall have no vote. Travel pay. (b) The Federal representative shall receive compensation and shall be entitled to travel expenses, including per diem in lieu of sub- sistence, in the same manner as provided for experts and consultants under sections 5 and 15 of the Administrative Expenses Act of 1946 60 Stat. 806; 63 Stat. J 6 6 . and the Travel Expense Act of 1949, except (1) that his term of 5 U S C 7 a > - 2 , 55a, service shall be governed by the terms of this Act and shall not be 835 note. affected by the time limitations of said section 15, and (2) his per diem rate of compensation shall be in such amount, not in excess of Limitation. $50, as the President shall specify, but the total amount of compen- sation payable in any one calendar year shall not exced $15,000: Provided^ That if the Federal representative be an employee of the United States he shall serve without additional compensation: Pro- vided further, That a retired military officer or a retired Federal civilian officer or employee may be appointed as such representative, without prejudice to his retired status, and he shall receive compensa- tion as authorized herein in addition to his retired pay or annuity but the sum of his retired pay or annuity and such additional compen- sation as may be payable hereunder shall not exceed $15,000 in any one calendar year. Administrative (c) The Federal representative shall be provided with office space, services. consulting, engineering, and stenographic service, and other neces- sary administrative services. (d) The compensation of the Federal representative shall be paid from the current appropriation for salaries in the White House Office. Travel and other expenses provided for in subsections (b) and (c) of this section shall be paid from any current appropriation or appropri- ations selected by tlie head of such agency or agencies as may be designated by the President to provide for such expenses. Reservation. SEC. 6. The right to alter, amend, or repeal this Act is expressly reserved. Approved August 30, 1957.