WSP03738

• File Number: 8410.200.60
• Description: Basin Multi-State Organizations - Missouri River Basin Commission - Reports
• Date: 1/4/1974
• Title: Technical Report of the Federal Legislation Group - Joint Federal-State Subcommittee Meeting of the Ad Hoc Committee on Water Marketing
• Water Supply Pro - Doc Type: Report/Study

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3. Indian water rights must be recognized.

4. "()1,mcrship" of water in main stem reservoirs - Are state water rights

(Hontana, Nebraska, North Dakota and South Dakota) required as a

prerequisite to marketing M&I water?

a. Federal Interests

State Validated lIater Rights

In !.\ontana, under the rule of Bailey v. Tintingcr, 45 Hont. 154,

otherwise go to waste (Federal Land

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any additional water that 'lOule! I
Bcnk v. Morris, 112 Mont. 445, 116 P.2d 1007;

122 P. 515, 581 (1912), the governmer.t acquired a state water right for

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the Fort Peck Reservoir upon the completion of construction of the im-

poundment works and the use of the appurtenant facilities for generating

electric power.

This ,,'ater right covered on" annual filling of the

reservoir, up to its capacity, plus

1011~1012 (1941).

In South Dakota, the government acquired a state right to use all

the "aters conling into the Oahe, Big Bend, Fort Randall and Cavins Point

(3) and 46-1-10
Reservoirs bo' operation of Section 46-1-9/iof the SOI;th Dakota Compiled

Laws, 1967. Under thi.s lmf, the State of South Dakota recognized that

as of March 2, 1955, a riparian o,,~er who was then engaged in the con-

struction of works for the actual application of ",ater to a beneficial use

had a vested right to all the water needed for such use. On ]~arch 2, 1955,

the United States was a principsl riparian O\mer on the J.\issouri River

and it then had all the main-stem reservoirs under construction, alonG

with their appurtenant power generating facilities. Accordingly, the

United States m9,y claim a state validated water right for the use of all

,..a tel' \/hich comes into the South Dalwta msinstem reservoirs which is needed

for power generatio:l purposes. In 45 out of 50 years i;his "ould COver all

water in the South Dakota portion of the Missouri River. Also, under
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