CHAPTER 307C
MISSOURI RIVER BARGE COMPACT

Referred to in §307.26

COMPACT BETWEEN IOWA,

KANSAS, MISSOURI, AND NEBRASKA

FOR THE DEVELOPMENT OF

THE MISSOURI RIVER

FOR BARGE TRAFFIC

  
     
307C.1  Missouri river barge compact.
  The Missouri river interstate barge compact is enacted into law and entered into with all other states which legally join in the compact in substantially the following form:
  1.  Article I.  The purposes of this compact are to provide for planning for the most efficient use of the waters of the Missouri river, to increase the amount of barge traffic on that segment of the Missouri river below Sioux City, Iowa, to take necessary steps to develop the Missouri river and its banks to handle more barge traffic than is presently handled, to encourage barge use on that segment of the Missouri river for transporting bulk goods, especially farm commodities, to insure that the intended increase in barge traffic does not impose unacceptable damage on the Missouri river in all its various uses, including agriculture, wildlife management, and recreational opportunities, to consider the effects of diversion of the waters of the Missouri river on navigation, and to promote joint action between the compact parties to accomplish these purposes. The purposes of the compact do not include lobbying activities against user fees for barge traffic and such activities under this compact are prohibited.
  2.  Article II.  It is the responsibility of the four states to accomplish the purposes in article I through the official in each state charged with the duty of administering the public waters and to collect and correlate through those officials the data necessary for the proper administration of the compact. Those officials may, by unanimous action, adopt rules and regulations to accomplish the purposes of this compact.
  3.  Article III.  The states of Iowa, Missouri, Kansas, and Nebraska agree that within a reasonable time they shall fulfill the obligations of this compact and that each shall authorize the proper official or agency in its state to take the necessary steps to promote barge use and develop the Missouri river as it flows between and within the compact states for additional barge traffic.
  4.  Article IV.  This compact does not limit the powers granted in any other act to enter into interstate or other agreements relating to the Missouri river flowing between and within the compact states, alter the relations between the respective internal responsibilities of the government of a party state and its subdivisions, or impair or affect any rights, powers, or jurisdiction of the United States, or those acting by or under its authority, in, over, and to those waters of the Missouri river. Adoption of this compact by the general assembly shall not require the signatory states to adopt any legislation or to appropriate funds for its implementation.
  5.  Article V.
  a.  Other states having an interest in the promotion of barge traffic on the Missouri river can join in this compact by unanimous consent of the member states.
  b.  Any member state can withdraw at any time by appropriate action of its legislature.
84 Acts, ch 1257, §1; 2008 Acts, ch 1032, §201
ADMINISTRATION AND

INTERPRETATION OF COMPACT

     
307C.2  Jurisdiction and control.
  The state department of transportation has jurisdiction and authority to implement the Missouri river barge compact.
84 Acts, ch 1257, §2

     
307C.3  Duties of the state department of transportation.
  The state department of transportation shall, with the cooperation of the economic development authority, the department of natural resources, and the member states’ officials or agencies, take the necessary steps to achieve the purposes set forth in this chapter.
84 Acts, ch 1257, §3; 2011 Acts, ch 118, §85, 89

     
307C.4  Liberal interpretation.
  This compact shall be liberally construed so as to effectuate its purposes. The compact is severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States or the applicability of the compact to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability of it to any government, agency, person or circumstance shall not be affected. If this compact is held to be contrary to the constitution of any state participating in the compact, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.
84 Acts, ch 1257, §4

     
307C.5  No conflict of local functions.
  The Missouri river barge compact does not supersede or limit the functions, powers, duties and discretions of counties, townships, school districts, cities, levee districts, drainage districts, levee and drainage districts, or any other governmental subdivisions or of their governing officials.
84 Acts, ch 1257, §5