SECTIONS 5950-5951 - California Statutes

WATER CODE

SECTION 5950-5951

5950. The Legislature of the State of California hereby ratifies
the Oregon-California Goose Lake Interstate Compact as set forth in
Section 5951. The provisions of the compact shall become the law of
this State upon the compact becoming operative as provided in Article
VII of the compact.

5951. The provisions of the Oregon-California Goose Lake Interstate
Compact are as follows:

Article I. Purposes

The major purposes of this compact are:
A. To facilitate and promote the orderly, integrated and
comprehensive development, use, conservation and control of the water
resources of Goose Lake Basin.
B. To further intergovernmental cooperation and comity and to
remove the causes of present and future controversies by (1)
providing for continued development of the water resources of Goose
Lake Basin by the States of California and Oregon, and (2)
prohibiting the export of water from Goose Lake Basin without consent
of the legislatures of California and Oregon.

Article II. Definition of Terms

As used in this compact:
A. "Goose Lake Basin" shall mean the drainage area of Goose Lake
within the States of California and Oregon and all closed basins
included in the Goose Lake drainage basin as delineated on the
official map of the Goose Lake Basin which is attached to and made a
part of this compact.
B. "Person" shall mean the States of Oregon and California, any
individual and any other entity, public or private.
C. "Water," "waters" or "water resources" shall mean any water
appearing on the surface of the ground in streams, lakes, or
otherwise, and any water beneath the land surface or beneath the bed
of any stream, lake, reservoir or other body of surface water within
the boundaries of Goose Lake Basin.

Article III. Distribution and Use of Water

A. There are hereby recognized vested rights to the use of waters
originating in Goose Lake Basin existing as of the effective date of
this compact and established under the laws of California and Oregon.
B. Except as provided in this article, this compact shall not be
construed as affecting or interfering with appropriation under the
laws of California and Oregon of unappropriated waters of Goose Lake
Basin for use within the basin.
C. Export of water from Goose Lake Basin for use outside the basin
without prior consent of both state legislatures is prohibited.
D. Each state hereby grants the right for a person to construct
and operate facilities for the measurement, diversion, storage and
conveyance of water from the Goose Lake Basin in one state for use
within the basin in the other state, providing the right to such use
is secured by appropriation under the general laws administered by
the State Engineer of the State of Oregon or the Water Rights Board
of California and the laws of the state from which the water is to be
taken shall control.
E. Should any facilities be constructed in one state to implement
use of water in the other state, the construction, operation, repairs
and replacement of such facilities shall be subject to the laws of
the state in which the facilities are constructed.

Article IV. Administration

No commission or administrative body is necessary to administer
this compact.

Article V. Termination

This compact may be terminated at any time by consent of the
legislatures of California and Oregon and upon such termination all
rights then established hereunder shall continue unimpaired.

Article VI. General Provisions

Nothing in this compact shall be construed to limit, or prevent
any state from instituting or maintaining any action or proceeding,
legal or equitable, in any court having jurisdiction thereof for the
protection of any right under this compact or the enforcement of any
of its provisions.

Article VII. Ratification

A. This compact shall become operative when ratified by the
legislatures of California and Oregon and consented to by the
Congress of the United States.
B. This compact shall remain in full force and effect until
amended in the same manner as is required for it to be ratified to
become operative or until terminated.
C. A copy of any proposed amendments to or termination of this
compact shall be filed with the Board of Supervisors of Modoc County,
California, and the County Court of Lake County, Oregon, at least 30
days prior to any legislative consideration by the legislatures of
the States of California and Oregon.

Article VIII. Federal Rights

Nothing in this compact shall be deemed:
A. To impair or affect the existing rights or powers of the United
States of America, its agencies, or instrumentalities, in and to the
use of the waters of the Goose Lake Basin nor its capacity to
acquire rights in and to the use of said waters.
B. To subject any property of the United States of America, its
agencies or instrumentalities, to taxation by any state or
subdivision thereof, nor to create an obligation on the part of the
United States of America, its agencies or instrumentalities by reason
of the acquisition, construction or operation of any property or
works of whatsoever kind, to make any payments to any state or
political subdivision thereof, state agency, municipality or entity,
whatsoever in reimbursement for the loss of taxes.
C. To subject any property of the United States of America, its
agencies or instrumentalities, to the laws of any state to any extent
other than the extent to which these laws would apply without regard
to the compact.