Nebraska apportionment. The state of Nebraska shall have free and unrestricted use of the waters of the Little Blue and Big Blue river basins in Nebraska, such use to be in accordance with the laws of the state of Nebraska, subject to the limitations set forth below.
(a) Water appropriations of record in the Little Blue and Big Blue river basins in Nebraska on November 1, 1968, that were then inactive, shall be cancelled by due process of laws in effect in that state.
(b) During the period, May 1-September 30, the state of Nebraska shall regulate diversions from natural flow of streams in the Little Blue and Big Blue river basins by water appropriators junior to November 1, 1968, in order to maintain minimum mean daily flows at the state-line gaging stations (which are now located at Fairbury and Barneston, respectively, but which may be relocated at such other places as may be designated state-line gaging stations by the administration) during each month as follows: Little Blue River May 45 cfs June 45 cfs July 75 cfs August 80 cfs September 60 cfs Big Blue River May 45 cfs June 45 cfs July 80 cfs August 90 cfs September 65 cfs When such action is necessary to maintain the above schedule of flows, the state of Nebraska shall:
(1) Limit diversions by natural-flow appropriators in Nebraska in accordance with their water appropriations;
(2) Close, in reverse order of priority, natural-flow appropriations with priority dates subsequent to November 1, 1968, including rights to store water in the conservation-storage zones of reservoirs;
(3) Enjoin all persons not holding valid natural-flow appropriations from taking water during periods when the exercise of junior natural-flow appropriations is being restricted;
(4) Regulate, in the same manner that diversion of natural flows is regulated, withdrawals of water from irrigation xxxxx installed after November 1, 1968, except equivalent xxxxx drilled to replace xxxxx installed before that date, in the alluvium and valley side terrace deposits within one mile from the thread of the river and between the mouth of Walnut creek and the Kansas- Nebraska state line on the Little Blue river and between the mouth of Turkey creek and the Kansas-Nebraska state line on the Big Blue river (as delineated on exhibits A and B of Supplement No. 1 to the report of the engineering committee) provided that, if the regulation of such xxxxx fails to yield any measurable increases in flows at the state-line gaging stations as determined by the investigations ...
