65 STAT.]
PUBLIC LAW 231—OCT. 30, 1951
b. The point of measurement shall be below the last diversion from the Bighorn Kiver above its junction with the Yellowstone Kiver, and the inflow of the Little Bighorn River shall be excluded from the quantity of water subject to allocation. 3. Tongue River a. To Wyoming 40% To Montana 60% b. The point of measurement shall be below the last diversion from the Tongue River above its junction with the Yellowstone River. 4. Powder River (including the Little Powder River) a. To Wyoming ^ 42% To Montana 58% b. The point of measurement shall be below the last diversion from the Powder River above its junction with the Yellowstone River. C. The quantity of water subject to the percentage allocations, in Paragraph B 1, 2, 3 and 4 of this Article V, shall be determined on an annual water year basis measured from October 1st of any year through September 30th of the succeeding year. The quantity to which the percentage factors shall be applied through a given date in any water year shall be, in acre-feet, equal to the algebraic sum of: 1. The total diversions, in acre-feet, above the point of measurement, for irrigation, municipal, and industrial uses in Wyoming and Montana developed after January 1, 1950, during the period from October 1st to that given date; 2. The net change in storage, in acre-feet, in all reservoirs in Wyoming and Montana above the point of measurement completed subsequent to January 1, 1950, during the period from October 1st to that given date; 3. The net change in storage, in acre-feet, in existing reservoirs in Wyoming and Montana above the point of measurement, which is used for irrigation, municipal, and industrial purposes developed after January 1, 1950, during the period October 1st to that given date; 4. The quantity of water, in acre-feet, that passed the point of measurement in the stream during the period from October 1st to that given date. D. All existing rights to the beneficial use of waters of the Yellowstone River in the States of Montana and North Dakota, below Intake, Montana, valid under the laws of these States as of January 1, 1950, are hereby recognized and shall be and remain unimpaired by this Compact. During the period May 1 to September 30, inclusive, of each year, lands within Montana and North Dakota shall be entitled to the beneficial use of the flow of waters of the Yellowstone River below Intake, Montana, on a proportionate basis of acreage irrigated. Waters of tributary streams, having their origin in either Montana or North Dakota, situated entirely in said respective States and flowing into the Yellowstone River below Intake, Montana, are allotted to the respective States in which situated. E. There are hereby excluded from the provisions of this Compact: 1. Existing and future domestic and stock water uses of water: Provided, That the capacity of any reservoir for stock water so excluded shall not exceed 20 acre-feet; 2. Devices and facilities for the control and regulation of surface waters. F. From time to time the Commission shall re-examine the allocations herein made and upon unanimous agreement may recommend
667
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