OCR Text |
Show "diction in* over* and to such watersj provided, that suoh use is being exercised beneficially, is valid under the laws of the appropriate State and in conformity with this compact at the time of the impairment thereof, and was validly initiated under state law prior to the initiation or authorization of the federal program or project which causes such impairment." The states themselves could not impair any right, power or jurisdic- tion of the United States or those acting by or under its authority in and over the waters of the Republican River. However, the signatory states could and did provide, under Article XI, that ths compact would not become oper- ative after ratification by the legislatures of the respective states unless the Congress in addition to granting its consent to the compact, enacted leg- islation carrying out the provisions of Article XI. In Public Law 60, 78th Confess, Chapter 10l*, First Session, approved May 26, 191+3* Section 2 of the Act, provided* "Sec. 2 (a) In order that the conditions stated in Arti- cle XI of the compact hereby consented to shall be met and that the compact shall be and continue to be operative> the following provisions are enacted. * * * *n There then followed the stipulations as to the recognition of the rights and interests of the states to the beneficial consumptive use of water as set forth in Article XI of the Compact. Although the particular formula adopted by the Republican River Com- pact may not be fully applicable in other basins, yet, with appropriate adap- tations, it would seem to meet the conditions present in other river basins and serve to avert the clash between federal and state jurisdictions. I"fc should be recognized that in order to work out a formula to accom- plish this purpose, adequate studies, investigations and knowledge of the water resource involved and of its most efficient use in relation to the econ- omy of the region, are necessary. Compacts do not generally make provision for specific public works, but ths policy established by their terms cannot be formulated without dependable knowledge of the interrelation of all of the physical factors. This entails consideration of future projects, of the utilization and conservation of water and of regulation of river flow for var- ious purposes including the prevention of floods. Except for interstate water problems which only involve interests be- tween states which are local in oharaoter, it would seem that the tame has come when beoause of the ultimate phases of development in most river basins and the more pronounced conflict, between various uses of water, controlled under different jurisdictions, no compact should be negotiated without an at- tempt to a.djust the important federal and state problem here discussed. A failure to do so, eventually is likely to render ineffectual, or limit and restrict, the allocations of water made for the benefit of water users with- in the participating states. This can be disastrous where sooner or later water uses, recognized by state laws and within the compact terms, are inter*- fered with, through the imposition of some form of federal jurisdiction. -76- |