OCR Text |
Show Scene 76 CLASSIFIEDS FEATURES PAUL HARVEY WEEKS TV GUIDE -- -- -- THURSDAY, OCT. 14, 1976 Vr Cn)Dpoeff The Bern "(4) Lower Wyoming Section Diversions THERE IS Drobablv no snhiprl in thoso parts more explosive than that of water... the life of the Rear River valleys and every other farminc This is especially true here where water has not been easy and cheaply to come by. The opening of the Bear River compact which was drawn up some 20 years ago (which may be opened every 20 years if necessary) has become a political issue, at least in Idaho. Special hearings have been set next week by Idaho's governor ( "acquaint thr public" with the changes that have been proposed in the compact. As a matter of interest, the entire Bear River compact-wit- h changes as propsed printed in bold face - is printed here. . . with two exceptions. For the sake of space, five typewritten pages of indentifications and a page or two of organization have been omitted. FINAL DRAFT "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 a 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; and to promote interstate comity. "B. The physical and all other conditions pecuHap to the Bear River constitute the basis for this Compact, No general principle or precendent with respectfo any other interstate stream is intended to be established. "ARTICLE II ( Definition of Terms ) -- WITH ONE CHANGE: "32. 'Developable water in the Lower Division' means available water, surface and underground, which had not been put to beneficial use prior to January 1, 1976, which may be developed and which when put to use will not interfere with rights to the use of waters which had been used beneficially prior to January 1, 1976. 'ARTICLE III "A. There is hereby created an interstate administrative agency to be known as the 'Bear River Commission' which is hereby constituted a legal entity and in such name shall exercise the powers hereinafter specified. The Commission shall be composed of nine Commissioners, three Commissioners representing each signatory State, and if appointed by the President, one additional Commissioner representing the United States of America who shall serve as chairman, without vote. Each Commissioner, except the chairman, shall have one vote. The State Commissioners shall be selected in accordance with State law. Six Commissioners who shall include two Commissioners from each State shall constitute a quorum. The s of the Commisvote of at least sioners when a quorum is present shall be necessary for the action of the Commission. . .(BALANCE OF ARTICLE SAME AS ORIGINALLY DRAWN, EXCEPT REPORTING PERIOD CHANGED FROM ONE YEAR TO TWO YEARS.) "ARTICLE IV "Rights to direct flow water shall be in administered in each signatory State under State law, with the following limitations: "A. When there is a water emergency, as hereinafter defined for each division, water shall be distributed therein as provided below. "1. Upper Division "a. When the divertible flow as defined below for the Upper Division is less than 1 ,250 second-fee- t , a water emergency shall be deemed to exist therein and such divertible flow is allocated for diversion in the river sections of the Division as follows: "Upper Utah Section Diversions 0.6 percent, "Upper Wyoming Section Diversions 49.3 percent, "Lower Utah Section Diversions 40.5 percent, "Lower Wyoming Section Diversions 9.6 percent. "Such divertible flow shall be the total of the following five items: "(1) Upper Utah Section Diversions in sccond-fcet- , "(2) Upper Wyoming Section Diversions in second-feel- , "(3) lwcr Utah Section Divorsions in second feet. t, "(5) The flow in second-fee- t passing Pixly Dam. "b. The Hilliard East Fork Canal, Lannon Canal, Lone Mountain Ditch, and HiUiard West Side Canal, which divert water in Utah to irrigate lands in Wyoming, shall be supplied from the divertible flow allocated to the Upper Wyoming Section Diversions. "c. The Chapman, Bear River, and Francis Lee Canals, which divert water from the main stem of Bear River in Wyoming to irrigate lands in both Wyoming and Utah, shall be supplied from the divertible flow allocated to the Upper Wyoming Section Diversions. "d. The Beckwith Quinn West Side Canal, which diverts water from the main stem of Bear River in Utah to irrigate lands in both Utah and Wyoming, shall be supplied from the divertible flow allocated to the Lower Utah Section Diversions. "e. If for any reason the aggregate of all diversions in a river section of the Upper Division does not equal the allocation of water thereto, the unused portion of such allocation shall be available for use in the other river sections in the Upper Division in the following order: (1) In the other river section of the same State in which the unused allocation occurs; and (2) In the river sections of the other State. No permanent right of use shall be established by the distribution of water pursuant to this paragraph e. "f. Water allocated to the several sections shall be distributed in each section in accordance with State law. . two-third- second-fee- "2. Central Division "a. When either the divertible flow as hereinafter defined for the Central Divi" . sion is less than 870 second-fee- t, or the flow of the Bear River at Border Gaging Station is less than 350 second-fee- t, which ever shall first occur, a water emergency shall be deemed to exist in the Central Division and the total of all diversions in Wyoming from Grade Creek, Pine Creek, Bruner Creek and Pine Creek Springs, Spring Creek, Sublette Creek, Smiths Fork and all the tributaries of Smiths Fork above the mouth of Hobble Creek including Hobble Creek, and from the main stem of the Bear River between Pixley Dam and the point where the river corsses the Wyoming-Idah- o State line near Border shall be limited for the benefit of the State of Idaho, to not exceeding forty-thre- e (43) percent of the divertible flow. The remaining n (57) percent of the divertible flow shall be available for use in Idaho in the Central Division, but if any portion of such allocation is not used therein it shall be available for use in Idaho in the Lower Division. "The divertible flow for the Central , Division shall be the total of the following three items: ... "(1) Diversions in second-fee- t in Wyoming consisting of the sum of all diversions from Grade Creek, Pine Creek, Bruner Creek and Pine Creek Springs, Spring Creek, Sublette Creek, and Smiths Fork and all tributaries of Smiths Fork above the mouth of Hobble Creek including Hobble Creek, and the main stem of the BearRiver between Pixley Dam and the point where the river crosses the Wyoming-Idaho State line near Border, Wyoming. "(2) Diversions in second-fee- t in Idaho from the Bear River main stem from the point where the river crosses the Wyoming-Idaho State line near Border to Stewart Dam including West Fork Canal which diverts at Stewart Dam. "(3) Flow in second-fee- t of the Rainbow Inlet Canal and of the Bear River passing downstream from Stewart Dam. "b. The Cook Canal, which diverts water from the main stem of the Bear River in Wyoming to irrigate lands in both Wyoming and Idaho, shall be considered a Wyoming diversion and shall be supplied from the divertible flow allocated to Wyoming. "c. Water allocated to each State shall be distributed in accordance with State law. fifty-seve- "3. Lower Division "a. Idaho and Utah are hereby granted the right to make use of the developable water in the Lower Division by direct diversion and-o- r storage through appropriation under the laws of the respective stales as follows: "(I) Idaho shall have first right to use the developable water in the Lower Division, provided, however, that new uses in Idaho after January I, 1976, authorized under this paragraph, including groundwater developments, shall not result in an average annual increase in depletion of the flow or the Hear River and its tributaries of more than 125,000 acre-fee- l beyond the depletion of the Rear River and its tributaries which was occurring as of January 1, 1976. "(2) Utah shall have second right to use the developable water in the Lower Division, provided, however, that new uses in Utah after January 1, 1976, authorized under this paragraph, including groundwater developments, shall not result in an average annual increase in depletion of the flow of the Bear River and its tributaries of more than 275,000 acre-febeyond the Bear and its the River of depletion tributaries which was occurring as of January 1, 1976. "(3) Of equal right to the waters hereby granted to the State of Utah in paragraph (2) above, there is hereby set aside for the benefit of the Bear River Migratory Bird of the developable Refuge 120,000 acre-fee- t water in the Lower Division to be utilized by the United States of America through construction of storage projects to furnish water to satisfy the requirements of the refuge. "(4) Of the remaining developable water of the in the Lower Division, one-hathereof may be next 150,000 acre-fee- t ( i) depleted by uses in Idaho and one-haother in thereafter uses Utah, any by waters are divided on the basis of thirty (30) percent thereof to Idaho and seventy (70) percent to Utah. "A. When the flow of water across the Idaho-Uta- h boundary line is insufficient to satisfy water rights in Utah, any water user in Utah may file a petition with the Commission alleging that by reason of diversions in Idaho he is being deprived of water to which he is justly entitled, and that by reason thereof, a water emergency exists, and requesting distribution of water under the direction of the Commission. If the Commission finds a water emergency exists, it shall put into effect water delivery schedules based on priority of rights and prepared by the Commission without regard to the boundary line for all or any part of the Division, and during such emergency, water shall be delivered in accordance with such schedules by the State official charged with the administration of public waters. This provision shall apply only to those rights applied to beneficial use prior to January 1, 1976. Utah water rights applied to beneficial use after January 1, 1976, shall receive their supply from the Utah allocations, described in Article IV. Paragraph A.3.a.(2) and Article IV. Paragraph A.3.a.(4) and will not be given priority over Idaho rights developed under provisions of Article IV. Paragraph A.3.a.(l) which may have later priority dates. "B. The Commission shall have authority upon its motion (1) to declare a water emergency in any or all river divisions based upon its determination that there are diversions which violate this Compact and which encroach upon water rights in a lower State, (2) to make appropriate orders to prevent such encroachments, and (3) to enforce such orders by action before State administrative officials or by court proceedings. "C. When the flow of water in an interstate tributary across a State boundary line is insufficient to satisfy water rights on such tributary in a lower State, any water user may file a petition with the Commission alleging that by reason of diversions in an upstream State he is being deprived of water to which he is justly entitled and that by reason thereof a water emergency exists, and requesting distribution of water under the direction of the Commission. If the Commission finds that a water emergency exists and that interstate control of water of such tributary is necessary, it shall put into effect water delivery schedules based on priority of rights and prepared without regard to the State boundary line. In the Lower Division this provision shall only apply to those rights applied to beneficial use prior to January 1, 1976- - Utah water rights applied to beneficial use after January 1, 1976 shall receive their supply from the Utah allocations described in Article IV. Article IV. Paragraph A.3.a.(2) and Paragraph A.3.a.(4) and will not be given priority over Idaho rights developed under lf (') lf provisions of Article IV. 1 Paragraph A.3.a.(l) which may have later priority dates. The State officials in charge of on interstate tributaries fix and the compensation and may appoint expenses of a joint water commissioner for water distribution each tirbutary. The proportion of the compensation and expenses 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. Depletion levels which would occur under provisions of Article IV. Paragraphs A.3.a.(t), A. 3. a. (2), and A. 3. a. (4) shall be established by a Commission approved procedure prior lo acluaPdevelopment or o oo diversion of the water and approved by the appropriate State official. The separate states shall report annually to the Commission amounts of such depletion approved during the year. Depletion rates will be estimated by the best currently available procedure for such use, location, and method of diversion. "E. In preparing interstate water delivery schedules of 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. "F. Water emergencies provided for herein shall terminate on September 30 of each year unless terminated sooner or extended by the Commission. "ARTICLE V - "A. Existing storage rights in reservoirs constructed above Stewart Dam prior to February 4, 1955 are as follows: 324 acre-fe"Idaho "Utah 11,850 acre-fe2, 150 acre-fe"Wyoming Additional rights are hereby granted to store in any water year above Stewart of Bear River water Dam, 35,500 acre-fee- t and no more for use in Utah and Wyoming ; and to store in any water year in Idaho or Wyoming on Thomas Fork 1,000 acre-feof water for use in Idaho. Such additional storage rights shall be subordinate to, and shall not be exercised when the effect thereof will be to impair or interfere with (1) existing direct flow rights for conr division and (2) sumptive use in et et et et any-rive- existing storage rights above Stewart Dam, but shall not be subordinate to any right to store water in Bear Lake or of elsewhere below Stewart Dam. One-haof additional storage the 35,500 acre-fee- t right above Stewart Dam so granted to Utah and Wyoming is hereby allocated to thereof Utah, and the remaining one-hais allocated to Wyoming, but in order to attain the most beneficial use of such additional storage consistent with the requirements of future water development projects, the three Commissioners for Utah and the three Commissioners for Wyoming are hereby authorized, subject to ratification by the legislature of Utah and the legislature of Wyoming, to modify by written agreement the allocations of such additional storage. "B. In addition to the rights defined in Article V. Paragraph A. above, further storage entitlements above Stewart Dam are hereby granted. Wyoming and Utah are granted an additional right to store in of Bear River any year 70,000 acre-fee- t water and no more for use in Utah and Wyoming to be divided equally; and Idaho is granted an additional right to store 4,500 acre-feof Bear River water and no more in Wyoming or Idaho for use in Idaho. Entitlements granted under this paragraph and other appropriations for water including groundwater developments in the Upper and Central Divisions after January 1, 1976 shall not result in an average annual increase in depletion of the flow of the Bear River and its tributaries above Stewart Dam of more than 28,000 acre-febeyond the depletion of the Bear River and its tributaries above Stewart Dam occurring as of January 1, 1976. The additional storage rights shall be subordinate to, and shall not be exercised when the effect thereof will be to impair or interfere with (1) existing direct flow rights for consumptive use in any river division and (2) existing storage rights above Stewart Dam, but shall not be subordinate to any right to store water in' Bear Lake or elsewhere below Stewart Dam. Thirteen thousand (13,000) acre-fee- t of the additional depletion above Stewart Dam is allocated to each of Utah and Wyoming and two thousand (2,000) acre-fee- t is allocated to Idaho. In order to attain the most beneficial use of such additional depletions granted under this paragraph, the Commissioners of any two Compact States may by mutual agreement modify the depletion allocation of the involved States subject to ratification by the legislatures of those States. "C. In addition to the rights defined in Article V. Paragraphs A and B, Idaho, Utah and Wyoming are granted the right to store water above Stewart Dam that otherwise would be released from Bear Lake for flood control purposes. The operation of reservoirs constructed to store water under this provision shall be governed by the following procedures: "I. Water may not be stored in reservoirs constructed above Stewart Dam under this provision unless the water lf lf et et surface elevation of Bear Lake exceeds 5,917.60 feet (Utah Power and Light Company datum). "2. With a water surface elevation of Bear Lake above 5,917.60 feet, the determination of the amount of water stored under this provision that can be retained and used shall be made at the end of each month as follows: "a. If at the end of any month the water surface elevation of Bear Lake reaches the elevation specified for that month in the table below, the accumulated amount stored up to that date can be held for use. A determination of such amount will be made by comparing the actual water surface elevation of Bear Lake at the end of each month with the corresponding end of month elevation listed in the table below. In the event that the actual water surface elevation at the end of any month is lower than the end of month elevation for that month listed below a calculation will be made of the amount of storage water necessary to raise the lake surface to the listed elevation. Only that amount will be required to be released as provided in Article V. Paragraph C.3. below. The balance of such water stored above Stewart Dam under this provision may be retained for use. "b. Bear Lake shall be operated for flood control purposes, but in so doing no flood control releases shall be made at any time surface elevation of Bear Lake at the end of any month below the elevation specified for that month in the table below. For the purposes of this section, during the period of October 1 through April 1, a flood control release is defined as any flow in excess of twenty (20) cubic feet per second. Bear Lake Elevation (Utah Power and Light Company Month ; Datum) in Feet m October 5,91140 November 5,918.50 December 5,918.50 th January February 5,918.50 5,918.50 5,918.50 5,920.50 5,921.90 5,922.50 5,921.00 5,921.30 5,920.00 March April May June July August September "3. Release of water stored above Sewart Dam during any water year under the above provisions which is required by these provisions to be released to Bear Lake shall begin on October 1 of the following water year, and be completed by April I of that same water year. "4. Once an amount of water stored above Stewart Dam that can be retained for use has been determined as provided above such water may be held indefinitely or used and shall not thereafter be subject to release to Bear Lake in subsequent years. "5. The right to store water above Stewart Dam under this provision is hereby allocated six (6) percent thereof to (47) percent thereof to Idaho, (47) percent thereof Utah, and forty-seve- n forty-seve- n to Wyoming. "D. The water of Bear Lake below elevation 5,912.91 feet, Utah Power & Light Company Bear Lake datum (the equivalent of elevation 5,915.66 feet based on the sea level datum of 1929 through the Pacific Northwest Supplementary Adjustment of 1947) shall constitute a reserve for irrigation. The water of such reserve shall not be released solely for the generation of power, except in emergency, but after release for irrigation it may be used in generating power if not inconsistvnt with its use for irrigation. Any water in Bear Lake in excess of that constituting the irrigation reserve may be used solely for the generation of power or for other beneficial uses. As new reservoir capacity above the Stewart Dam is constructed to provide additional storage pursuant to paragraph A of this Article, the Commission shall make a finding in writing as to the quanitity of additional storage and shall thereupon make an order increasing the irrigation reserve in accordance with the following table: Lake surface elevation Utah Power 4 Additional Light Company Bear Lake storage acre-fee- t datum 5,000 10.000 15,000 20.000 25.000 30.000 35.500 36.500 CONTINUED 5,913.24 5,913.56 5,913.87 5,914.15 5,914.41 5.914.61 5.914.69 5,914.70 ON BACK PAGE |