TRIBAL WATER RIGHT       A Sample Clauses

TRIBAL WATER RIGHT       A. General Statement of the Tribal Water Right. The Assiniboine and Sioux Tribes of the Fort Peck Xxxxan Reservation have the right to divert annually from the Missouri River, certain of its tributaries, and ground water beneath the Reservation the lesser of (i) 1,050,472 acre-feet of water, or (ii) the quantity of water necessary to supply a consumptive use of 525,236 acre-feet per year for the uses and purposes set forth in this Compact with a priority date of May 1, 1888, provided that no more than 950,000 acre-feet of water, or the quantity of water necessary to supply a consumptive use of 475,000 acre-feet may be diverted annually from surface water sources. This right is held in trust by the United States for the benefit of the Tribes and is further defined and limited as set forth in this Compact. B. Persons Who May Use the Tribal Water Right. All uses of water authorized under any applicable law by the following persons shall be considered and calculated as uses of the Tribal Water Right: 1. the Tribes within or outside the Reservation; 2. all individual Indians using water within the Reservation including, but not limited to, Indians exercising uses established pursuant to state law prior to the effective date of this Compact; 3. all non-Indian successors-in-interest to any allottee actually using water within the Reservation by virtue of a water right arising under the laws of the United States, which water right was acquired directly or indirectly from an Indian predecessor-in-interest; 4. all other persons receiving water from the Fort Peck Xxxxgation Project including, but not limited to, persons exercising uses established pursuant to state law prior to the effective date of this Compact; 5. all other persons authorized to use water by the Tribes pursuant to this Compact, within or outside the Reservation; 6. the United States as trustee for the Tribes or any Indian including, but not limited to, persons exercising uses established pursuant to state law prior to the effective date of this Compact. C. Measure of Consumptive Use for Irrigation. Irrigation usage of the Tribal Water Right shall be conclusively deemed to cause a consumptive use of 1.8 acre-feet per acre per year for full service irrigation and 0.48 acre-feet per acre per year for partial service irrigation. Any loss of water due to evaporation from reservoirs constructed in the future for conservation (carry-over) storage rather than for regulatory storage by the United States for th...
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TRIBAL WATER RIGHT       A. Basin 43P: Bighorn River.
TRIBAL WATER RIGHT       A 

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