OCR Text |
Show 370 INTERSTATE COMPACTS Wyoming, Act of January 27, 1951 (Sess. L. 1951, p. 7; 1945 Wyo. Stat. 1957, sec. 41-511). Congressional consent to compact.-Act of October 30, 1951 (65 Stat. 663), from which the text of the compact above set out is taken. Section 2 of this Act reads as follows: "The right to alter, amend or repeal section 1 of this Act is expressly reserved. This reservation shall not be construed to prevent the vest- ing of rights to the use of water pursuant to applicable law and no alteration, amendment, or repeal of section 1 of this Act shall be held to affect rights so vested." For legislative history, see S. 1311 and H.R. 3544, 82d Congress; Senate Report 883 (Committee on Interior and Insular Affairs) and House Report 1118 (Committee on Interior and Insular Affairs), 82d Congress; 97 Cong. Bee. 12954-12956, 13478-13480 (1951); P.L. 231, 82d Congress. Budget Bureau comments on compact.-The text of a memorandum dated January 7,1952, from the Director of the Bureau of the Budget to the President commenting on certain aspects of the Yellowstone River compact which was furnished to the Federal representative in the Sabine River compact negotiations (see p. 300 ante) reads as follows: "The Federal Government has in the past supported the develop- ment of interstate compacts by the States as a desirable form of inter- state cooperation. In addition to granting the consent required by Article I, section ten, clause three, of the Constitution, the Federal Government has cooperated with the States in three general ways: First, by the appointment of Federal negotiators to assist in the nego- tiation of compacts; second, by participation in operating commissions created by compacts where the States have provided for such Federal participation; and finally, through the provision of technical data. "The increasing use of compacts in the allocation of the waters of interstate streams is necessary and proper. The Federal Government should therefore continue to encourage the negotiation 'and enactment of such compacts. Up to this time, however, procedures fully adequate to insure the necessary protection of Federal interests have not been developed. A number of interstate water compacts approved in recent years have been criticized on the ground that they contained ambigu- ous or conflicting provisions which might adversely affect the interests of the United States. The recently approved Yellowstone River Com- pact, Public Law 231, 82nd Congress, Chapter 629, first session, was criticized on this ground. Also, clause A of Article III of this compact was at variance with sound principles of Federal -administration in that it provided for the appointment of the Federal representative to the operating commission created by the compact by the Director of the Geological Survey rather than by the President. "Interstate compacts are a device for enabling the States to reach mutually binding agreements on matters of interest to them. It is im- portant that they be drawn in specific and unequivocal language, devoid of ambieruity, which does not attempt to define or limit the powers of the United States. "It is of equal importance that provisions for Federal participation in compact negotiations or in the operating commissions created by such compacts, where such participation in operating commissions is |