Page:United States Statutes at Large Volume 86.djvu/240

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

[86 STAT. 198]
PUBLIC LAW 92-000—MMMM. DD, 1972
[86 STAT. 198]

198

PUBLIC LAW 92-308-JUNE 2, 1972

[86 STAT.

" '6.4 The two States agree to the principle that neither State may require the other to provide water for the purpose of water quality control as a substitute for adequate waste treatment. " 'ARTICLE VII — GENERAL PROVISIONS

" '7.1 R I G H T TO STORE WATER I N UPPER STATE. The right of the State of Kansas or of any person, corporation, local agency, or entity in Kansas to construct or participate in the future construction and use of any storage reservoir or diversion works in the Big Blue and Little Blue Basins of Nebraska for the purpose of regulating water to be used in Kansas shall never be denied: Provided, That such right is subject to the laws of the State of Nebraska and that any such storage for use by Kansas shall be excluded from the limitations on storage under Article V, paragraph 5.2 (c). " 'Releases of water from storage provided by Kansas interests in the State of Nebraska shall not be counted toward meeting the minimum flow requirements at the State line under the provisions of paragraph 5.2(b). " '7.2 DISCLAIMER. Nothing contained in this Compact shall bo deemed: " '1. To impair, extend, or otherwise affect any right or power of the United States, its agencies, or its instrumentalities involved herein; " '2. To subject to the laws of the States of Kansas and Nebraska any property or rights of the United States that were not subject to the laws of those States prior to the date of this Compact; ' " 3. To interfere with or impair the ri^ht or DOwer of el^^er signatory State to regulate within its boundaries the appropriation, use, and control of waters within that State consistent with its obligations under this Compact. " '7.3 INVALIDITT I N PART. Should a court of competent jurisdiction hold any part of this Compact to be contrary to the constitution of either signatory State or to the Constitution of the United States, all other severable provisions of this Compact shall continue in full force and effect. " '7.4 FUTURE REVIEW. After the expiration of 5 years following the effective date of this Compact, the Administration may review any provision hereof; and it shall meet for such review whenever a member of the Administration from either State requests such review. All provisions hereof shall remain in full force and effect until changed and amended within the intent of the Compact by unanimous action of the Administration, and until such changes in this Compact are ratified by the Legislatures of the respective States and are consented to by the Congress of the United States, in the same manner that this Compact is required to be ratified and consented to before it becomes effective. " '7.5 TERMINATION. This Compact may be terminated at any time by appropriate action of the T^egislatures of both signatory States. I n the event of amendment or termination of the Compact, the waterresource developments made in compliance with, and reliant upon, this Compact shall continue unimpaired. " 'ARTICLE VIII—RATIFICATION

" '8.1 This Compact shall become binding and obligatory when it shall have been ratified by the Legislature of each State and consented to by the Congress' of the United States and when the Congressional Act consenting to this Compact includes the consent of