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Show -Ill- APPLICATION OF THE RESERVE TREATY POWERS ' OF THE STATES TO INTERSTATE WATER CONTROVERSIES Address By Delph Eo Carpenter of Greeley INTERSTATE COMPACT COhMISSIONER FOR COLORADO Settlement of international differences by treaty is as old as civilization and similar adjustment of interstate controversies between states of the Union has obtained before and since the adoption of the Constitution., While this method of settlement has been frequently in- voked by the older state?, the physical conditions and other influences incident to and growing out of the evolution and development of the newer states, have either discouraged its exercise or its application has been overlooked or disregarded, An intelligent discussion of the subject might well be limited to brief statements of both fact and law, were not the whole subject regarded by many of our p'sople as a matter of first im- pression and as a new and novel method of avoiding tha evils attendant upon interstate litigation. In view of these conditions 1 crave your in- dulgence during a rather prolonged discussion of a few of the principles involved„ International differences and disputes between friendly states or nations are usually settled by treaty« Diplomacy failing; the contend- ing states have all too frequently considered the subjects of their dif- ferences of sufficient importance to justify the alternative of settlement through tests of strength by resort to arms. But diplomacy should be ex- hausted before war is justified. The States of the United States have been prone to forget that principles of international law apply to interstate relations and have rushed into war, through its substitute by suit in the Supreme Courts without first seeking to exercise their inherent right and duty of friend- ly settlements through diplomatic channels by interstate treaties--" agree- ments or compacts*" While in some measure these unfortunate interstate suits have been provoked by the human elements of political ambitions or temporary local advantages, their institution may be charged, in consider- able part, to the failure of the rapidly changing personnel of our public officials to take notice of the reserved rights and powers of the States to treat with each other in the manner of independent nations, This failure of the States to first avail themselves of the diplomatic method of settlement may be charged in part to the fact that few of our public officials have ever been called upon to give serious consideration or even, passing notice to interstate or international relations or the rule s and principles governing the same, and, further, through failure of the Suprem.e |