1-110. NEBRASKA-SOUTH DAKOTA-WYOMING WATER COMPACT

AN ACT relating to water compacts; to provide for the appointment of a commissioner or commissioners to act on behalf of the State of Nebraska to negotiate a compact among the States of Wyoming, South Dakota, and Nebraska as prescribed; to provide for an equitable division and apportionment among the states of the waters of the Niobrara River and its tributaries; to negotiate a compact between the States of South Dakota and Nebraska; to provide for the equitable division and apportionment between the states of the waters of Ponca Creek and its tributaries; to negotiate a compact by the State of Nebraska with the States of South Dakota and Wyoming, or either of them, relating to the extraction and use of ground waters from sources common to the compacting states; to provide certain powers for such commissioner or commissioners; to provide when such compacts shall become binding upon the states involved or the citizens thereof; and to declare an emergency.

Be it enacted by the people of the State of Nebraska,

Section 1. The Governor of Nebraska shall appoint a commissioner or commissioners who shall (1) represent the State of Nebraska upon a joint commission to be composed of commissioners representing the States of Wyoming, South Dakota, and Nebraska, to be constituted by the states for the purpose of negotiating and entering into a compact or agreement between the states of the waters of the Niobrara River and its tributaries; (2) represent the State of Nebraska upon a joint commission to be composed of commissioners representing the States of South Dakota and Nebraska to be constituted by the states for the purpose of negotiating and entering into a compact or agreement between the states for an equitable division and apportionment between the states of the waters of the Ponca Creek and its tributaries; and (3) represent the State of Nebraska upon a joint commission of the States of (a) Wyoming, South Dakota, and Nebraska, (b) Wyoming and Nebraska, or (c) South Dakota and Nebraska, to be constituted by the states for the purpose of negotiating a compact or compacts relating to the extraction and use of ground water from sources common to the compacting states; Provided, that any compact made on behalf of the states herein referred to shall not be binding or obligatory upon any of the states, or the citizens thereof, unless and until the same shall have been ratified by the Legislatures of the compacting states and approved by the Congress of the United States. The commissioner or commissioners shall have complete authority to consider and include in any compact provisions for the conservation of the waters and of the aforesaid streams and may provide for the construction of works in one of the states to control water for use in another of the states.

Sec. 2. Upon appointment of a commissioner or commissioners by the Governor, the commissioner or commissioners shall proceed immediately to meet with the commissioners for the States of Wyoming and South Dakota for the purpose of negotiating the compacts referred to in section 1 of this act.

Source:Laws 1955, c. 230, p. 715.