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<br />29
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<br />
<br />Table 4. - Water Withdrawals (WD) and Consumptive Use (CU) for 1975, 1985 and
<br />2000, by Subbasin, Missouri River Basin
<br /> 1975 1985 2000
<br />Subbasin WD CU WD CU WD CU
<br />Upper Missouri 7,043 3,527 7,923 4,086 8,804 4,645
<br />Yellowstone 7,445 3,181 8,267 3,654 9,155 4,150
<br />Western Dakotas 1,576 703 3,198 1,185 4,673 1,990
<br />Eastern Dakotas 518 304 782 474 1,175 786
<br />Platte-Niobrara 12,434 4,923 15,554 6,261 16,670 8,550
<br />Middle Missouri 2,258 232 3,244 325 2,342 432
<br />Kansas 5,556 4,506 7,622 6,261 9,171 7,496
<br />Lower Missouri 1,498 177 1,809 297 1,815 461
<br />Missouri Basin Totals 38,328 17,553 48,399 22,543 53,805 28,510
<br />
<br />Source: 1975 National Water Assessment, Missouri Region State - Regional Future
<br />
<br />water and administration of water rights. Because of these
<br />problems and existing or impeding litigation, several affected
<br />States have entered into interstate compacts or requested
<br />court apportionment of the affected waters for river systems in
<br />the Missouri River Basin (see Figure 7).
<br />
<br />The U.S. Constitution provides that no State shall enter
<br />into any agreement or compact with another State or with
<br />another Nation without the consent of Congress. This provision
<br />facilitates approval by Congress once the compact is ratified by
<br />the several States and usually provides for a Federal repre-
<br />sentative serving and reporting on the negotiations.
<br />
<br />At present, seven interstate compacts control the wat-
<br />ers of seven Basin States and five of its subbasins. Two U.S.
<br />Supreme Court decisions have adjudicated disputes on Basin
<br />streams in three States, and one international treaty exists
<br />between the U.S. and Great Britain (Canada). Table 5 sum-
<br />marizes information on the treaty, compacts, and decrees af-
<br />fecting waters of the. Missouri River Basin.
<br />
<br />FEDERAL WATER LAW, PROGRAMS
<br />AND RESPONSIBILITIES
<br />
<br />Federal water law is derived from two major
<br />sources---constitutional provisions and statutory provisions.
<br />Constitutional provisions account for those powers of the Fed-
<br />eral Government which are expressly delegated or reasonably
<br />implied by the U.S. Constitution. Water related provisions
<br />include powers granted under the Commerce Clause, the
<br />Property Clause, the General Welfare Clause, the Treaty
<br />Clause, the Congressional War Power, and Supreme Court
<br />powers of water rights adjudication between States.
<br />
<br />Federal statutory provisions include several major water
<br />laws, a great number of lesser acts, and specific project au-
<br />thorizations. Federal programs span a broad spectrum of ac-
<br />tivities, and include a number of devices for implementing vari-
<br />ous Federal policies. It is within the complementary pattern of
<br />these laws and those of the affected States, and through
<br />
<br />cooperative action in their application, that federally assisted
<br />water and related resource development has proceeded.
<br />
<br />Many Federal agencies administer programs designed
<br />to accomplish comprehensive water and related land use plan-
<br />ning; also, water-related research and data collection are car-
<br />ried out by many of these and other agencies. Federal agen-
<br />cies carry out programs relating to navigation on the Missouri
<br />Riyer, including regulatory measures, maintenance of chan-
<br />nels, structural improvements, and reservoir-river management
<br />to maintain streamflow. Federal activities wUh respect to the
<br />. Nation's flood problems include structural measures to contain
<br />flood flows, land treatment measures to retard runoff,
<br />mechanisms such as insurance and disaster assistance to re~
<br />distribute losses, and programs to promote regulations of land
<br />uses in flood prone areas to reduce the amount of flood dam-
<br />ages. Water supply programs are undertaken to capture and
<br />deliver water for agricuitural, industrial, and domestic uses; to
<br />conserve moisture and to encourage husbandry of available
<br />supplies; and to increase usable suppliesthrougllme!lsures such
<br />as.land treatment and weather modification. Hydroelectric power
<br />programs include both Federal development and regulation of
<br />private development. Water quality is the object of regulatory
<br />programs and programs that include both structural and land
<br />treatment measures to control and prevent water pollution. Man-
<br />agement and development of the Nation's fish and wildlife re-
<br />sources are the responsibility of a number of Federal agencies,
<br />and, in connection with Federal water and water-related pro-
<br />grams, the value of these resources is recognized and measures
<br />are included for their conservation and development. Outdoor
<br />recreation is still another function of the Federal water programs,
<br />and recreation opportunities commonly are provided at or as-
<br />sociated with Federal water projects. Further, Federal agencies
<br />regulate certain aspects of water-based recreation activUies, and
<br />programs are administered to preserve the resources of certain
<br />rivers, adjacent areas, and park or wilderness areas in largely an
<br />undeveloped state. Many national forests have been established
<br />in the Basin and, like the other Federal public lands found exten-
<br />sively in the western half of the Basin, they are administered for
<br />outdoor recreation, range, timber, watershed, and wildlife and
<br />fish purposes.
<br />
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