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I I I I I I I I I I I I I I I I I I I (3) The provlslOns of section 1 (b) of the Flood Control Act of 1944 (Act of December 22, 1944, 58 Stat. 888-889, as amended, 33 D.S.C. 701-1 (1952) shall apply to all works hereafter constructed by or under the authority of the United States west of the ninety-eighth metidian. (4) Any right to the consumptive use of water e],a.i-m.ee. by the United States IUle.ep 1;.00 kl,we ef. aR)' Sta-t.., shall be initiated, aRe. perfected and exercised in accordance with State law. - (5) No vee1;ed right to the beneficial consumptive use of any waters, or the right to develop waters, both surface and subsurface Lor beneficial use,- navrgaDre-or nonnavigable, w~ *' acquirect pursuant to, ~ recognize~, the laws of the State in which such use is made, shall be taken by or under authority of the United States without compensation; and where such rights are acquired otherwise than by agreement wHh 1;.00 ew~..,..., they shall be taken by proceedings in eminent domain in the manner provided in section 21 of the Federal Power Act, and not otherwise. SEC. 2. Nothing in this A,ct shall be construed as -- (1) modifying or repealing any provision of any existing Act of Congress requiring that rights of the United States to the use of water be acquired pursuant to State law; (2) permitting appropriations of water under State law which interfere with the provisions of international treaties of the United States; or (3) affecting, impalrlITg, diminishing, subordinating, or enlarging (a) the rights of the United States or any State to waters under any interstate compact or existing judicial decree, (b) the obiqgaitions of the United States to Indians or Indian tribes, or any right owned or held by or for Indians or Indian tribes, (c) any water right heretofore acquired by others than the United States under Federal or State law, (d) any right to any quantity of water used or which the United States has the right to develop and use for governmental purposes or prograrnsorl:tle United States at any time from January 1, 1940, to the effective date of this Act; or (e) any right of the United States to use water which is here- after lawfully initiated in the exercise of the express or neces- sarily implied authority of any present or future Act of Congress or State law when such right is initiated prior to the acquisition 9)' e'eh&J.'06 of any right to the beneficial use of water or the right !? develop water for beneTICial ~ pursuantto State TaW':"" - SEC. 3. Section 208 of the Act of July 10. 1952 (66 Stat. 560, 43 U. S. C. 666 (1958) ) is amended by deleting therefrom the following language contained in subsection (c): "Nothing in this Act shall be construed as author- izing the joinder of the United States in any suit or controversy in the Supreme Court of the United States involving the right of States to the use of the water of any interstate stream. " - 19 - &_,4