OCR Text |
Show originate within its boundaries * Its people are inclined to insist upon their right to the unrestricted use of its waters, not only for present, but for all future requirements, irrespective of the needs of the citizens of another State, In the arid West * practically all development and progress is dependent upon a consumptive use of its water supplies. Based upon the doctrine of prior beneficial usey earlier development in a lower State has tended to place heavy restrictions upon uses of water from an interstate stream by an upper State. This condition has brought on long and costly litigation between States in their efforts to protect what they conceive to be the legitimate interests and the rights of their citizens. ' The Constitution of the United States, as drafted in 1787» represented a bold and original effort to create a political system in which the cumulative advantages of a large National State could be established, with full oppor- tunity for political development and expression, through the autonomy of mem- ber States. That these member States were conscientious and jealous of their individual personalities and interests is amply demonstrated, not only by colonial history/ but also by that of the Confederation* The Constitution of the United States is in the nature of a contract between the States, whereby specified and limited functions of Government are delegated by the States to the United States of America by assignment of oertain inherent sovereign powers and duties to the Congress, the President, and the Supreme Court. Article I of the Constitution, in which powers are conferred upon Con- gress, also includes Article X of the Amendments, which places certain res- trictions upon the exercise of these powers. Further reservations were at- tached in earlier years by Articles I to X, in the form of amendments to the original Constitution. Article I, in which powers are conferred and res- trictions placed upon the Congress* also places certain restrictions upon the several States, among which is the.following* "No State shall, without the consent of Congress, * * * enter into agreement or compact with another State, or with a foreign power * * *«" It has been assumed that this part of Sec- tion 10 of Article I of the Constitution is to be interpreted as actually permitting or authorizing agreements between two or more States with the con- sent of Congress. Und«r the general conception, the Federal Government's authority in re- gard to -viators is limited to that required for the regulation and control of the waters of an interstate stream, in the interest of navigation and nation- al defense, and also to the consummation of international treaties. It is also possible that, with respect to certain of the natural water supplies of the .Western States, the Federal Government may have rights, superior to those claimed Toy the States, under its powers to enter into treaty obligations with Indian txibes, during the territorial status of the land, and with bordering foreign countries. In the Western States, however, there is a disposition to question this purported authority of the Federal Government with respect to Indian tribes. In general, when this question has arisen between Federal and Stat© authorities, the conflicting viewpoints have been adjusted amicably without -the necessity for a final determination of the principle by the Courts. There has been a tendency for various agencies of the Federal Government to -80- |