WSP03082 - Laserfiche WebLink

Home Browse Search

18 0637 The other limitations on water marketing authority in the Compact apply only to off-reservation diversions or uses. There are eight basic limitations, and we describe them in the following pages. i I First, paragraph 2 of Section K requires the Tribes to give the State at 126st 180 days advance written notice of any proposed transfers of water from the Missouri River outside the Reservation, including Fort Peck Reservoir, and the opportunity to participate in the water mark27ing venture as a substantially equal partner with the Tribes. Paragraph 3 of this section imposes an identical obligation on the State with respect to a State transfer of water used or diverted from Fort Peck2Heservoir or from the Missouri River below Fort Peck Dam. ~'I ". : Second, paragraphs 5 and 6 of Section K limit the total consumptive use of water that may be marketed outside the Reservation bv the Tribes in any year to (1) 50,000 acre-feet (2) plus 35 percent of any amount over 200,000 but less than 300,000 acre-feet authorized to be transferred by the State under state law (3) plus 50 percent of any amount over 300,000 acre-feet authorized to be transferred by the State under state law. (Amounts marketed by the Tribe ~~e not counted as part of the amounts authorized by State law). - 26A transfer is broadly defined in Article 11(24) to mean "any authorization for the delivery or use of water," including any "joint ve~ture, service contract, lease, sale [or] exchange. II 27The State must decide whether to accept the opportunity within 180 days after it is offered. The Tribes are required to give the State a reasonable amount of time to secure approval of its participation under state law, but are not required tu allow unreasonable delays in either the administrative process or any resulting litigation. i -. 28The partnership is to be "substanfially equal." The parties are given some latitude, within that framework, to negotiate exact terms and conditions. The Tribes and the State are expected, however, to assume substantially equal obligations (e.g., contribute equal amounts of water to the marketing project), and receive substantially equal benefits. -/ ~:J J 29 h b. '1'.. d T ese as~c quant~ty ~m~tat~ons were agree to at the (Footnote Continued)