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Show "an equal division of the waters of an interstate stream among the states through which it flows. It means that the principles of right and equity shall be applied^ having regard to the !equal level or plane on which all the states stand* in point of power and right, under our constitutional system*' and that upon a consideration of the pertinent laws of the contending statess and all other relevant facts $ this court will determine what is equitable apportionment of the use of such waters• The case of New Jersey vs. Hew York, concerning the Delaware River, in- volved a set of facts similar to those in the case of Connecticut vs. Massa- chusetts* ' The Court again applied the doctrine of equitable apportionment by announcing "the effort is always to secure an equitable apportionment with- out quibbling over formulas," and decided that "removal of water to a differ- ent water shed obviously must be allowed at times unless states are to be deprived of the most beneficial use on formal grounds»" Under the appropriation doctrine, the individual or group that first makes a beneficial use of water thereby acquires a prior right to its con- tinued beneficial use. As heretofore stated* practically all of the States of the arid and semi-arid West have adopted this doctrine. It was borrowed from foreign countries and first applied in New Mexico and Arizona, which, upon acquiring Statehood, adopted the exclusive doctrine of priority. In about 181$* this doctrine came into practice extensively in California, which has always recognized the riparian doctrine.* or a modified form thereof. This early adoption of the appropriation doctrine in California resulted from the necessities of the situations obtaining in the old California mining days, when the rapid development of placer mining frequently created a demand for all available water furnished by a stream. The community developed &. system of "first come* first served," the claim dating from the time work was initiated. These activities all occurred on public lands* Congress later recognized such local laws and customs (and thereby the doctrine of appropriation) by an Act9 of 1866* and confirmed this policy by subsequent legislation. -^ This doctrine appears to be firmly es- tablished* not only as a result of legislation to which reference has been made, and by such further legislation as that of the U, S. Reclamation Act and the Federal Power Act, but by decisions of the Supreme Courts in the var- ious Western States and of the Supreme Court of the United States, notably that of Kansas vs. Colorado*5 and Wyoming vs. Colorado*c Federal Control over Water Resources. - The right of the Federal Govern- ment to exercise control over the waters of the nation is based primarily upon the* constitutional power of Congress to regulate navigable waters. Con- gress ha.s also exercised jurisdictional authority in connection with flood control, treaty obligations, and to a certain extent in interstate compacts and the use of the public domain. Thi s power is not granted expressly by the Constitution, but is incidental1 %ew Jersey vs. New York et al., 283 U. S. 336 (I93l)« 9Act of 1866,. li|. Stat. 253. 10Ac-t of July 9, 1370, 16 Stat. 217. -81+- |