WSP04477

• File Number: 8407.500
• Description: River Basin General Publications - Missouri River General Publications
• Date: 3/4/1977
• Title: Background Report and Missouri River Basin State Comments on Water Marketing Policies from Missouri River Main Stem Reserviors
• Water Supply Pro - Doc Type: Report/Study

1048

12/3/76

4. Pursuant to Item 2 of the attached Memorandum of Understanding,

the Secretary of the Army has determined that one million acre-feet of

the water, as determined by the Secretary of the Interior to be excess

to present irrigation needs, can be made available for industrial use.

5. On March 23, 1975, each of the 10 Missouri River Basin States

received a copy of the attached Memorandum of Understanding and was

offered the first choice to contract for the water with the understanding

that each state could then elect to market such contracted water to industrial

firms. Pursuant to applicable authorities, it is further agreed by the parties

hereto that each of the Upper Basin States may enter into a contract with

the Secretary of the Interior for water identified unJcr Items 3 and 4 above

which shall be used for industrial uses and purposes incidental thereto.

It is understood that each state may subcontract for such water use with

industrial firms for the quantities of water under its federal-state contract.

The federal-state contract and any subcontracts shall be executed only

when the terms and conditions are mutually agreeable to the contracting

state, the Secretary of the Interior, and the Secretary of the Army, provided,

however, tha t :

a. The Secretary of th~ Army shall retain all operational and managerial

control over said reservoirs;

b. To the extent such cantracts or subcontracts would reduce the quantity

of hydroelectric power generated at the main stem reservoirs, no

contracts or subcontracts may be executed unless it has been determined

jointly by the Secretary of the [nterior and the Secretary of the Army,

that the proposed us~ of water for industrial purposes is a beneficial

use which should take precedence over hydroelectric power ge<leration;

c. Contracts executed pursuant to this suppleme<ltal agreement shall not

either by implication or inference, affect or modify the valid

existing rights to any of the waters of the Missouri River;