Idaho Code § 42-3312: Institution of legal proceedings to secure apportionment upon failure to compact.

Should it be determined by the governor of the state of Idaho that a compact or agreement cannot be negotiated or carried into effect concerning the acquiring of water rights and the distribution of water within the states of Idaho and Nevada of the said Salmon Falls Creek, pursuant to the terms of this act, then and in that contingency the governor of the state of Idaho shall be, and he is hereby, authorized to direct the attorney general of the state of Idaho to institute appropriate legal proceedings on behalf of the state of Idaho against the state of Nevada in the Supreme Court of the United States, or other court or courts, to obtain an equitable apportionment and distribution between the states of Idaho and Nevada of the waters of the said Salmon Falls Creek, which said direction shall be carried into effect by the attorney general of the state of Idaho; to the end that priority rights on the stream shall be established.