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Show -90- encountered, it seems that it would be a serious matter for us to retard, or to have a compact which would bring about the necessity of retarding, irrigation development until some time in the future a Federal agency determined whether or not these waters were needed for navigation or s>ome other purpose9 If that were done, it is a question whether we could ever safely go ahead with irri- gation from rivers, such as the Republican River, which are tributaries to larger rivers that-lower down may be navigable© Of course, as I have said be- fore $ in the Republican Basin we are-dealing with a little stream that ordinarily would not float a good-sized buffa-lo chip. Subsection (c) provides % ' The United States, or those acting ~y or under its authority, will recognize any established"use, for domestic and irrigation purposes, of the -waters allocated by this compact which may be impaired by the exercise of Federal jurisdiction in, over, and to such waters:. PROVIDED, That such use is being exercised beneficially, is valid under the laws of the appro- piate State and in conformity vath this compact at the time of the im- pairment thereof, and was validly initiated undei* State law prior to the initiation or authorization of the Federal program or project which causes such impairment* •The effect of that provision, gentlemen,, is to recognize in these appro- priations for irrigation and domestic purposes a property right; and if future exercise of the Federal jurisdiction impairs that right, then there shall be compensation or other equivalent adjustment* I think tfcat because of the econ- omy of the entire West and in the interest of supporting the farmers who have made their investments and the communities which have grown up through irri- gation that provision is necessary* If the compact which was presented to us by the Federal Power Commissdon, eliminating article XI, were adopted, then we would have merely allocated among the States water which later night have been claimed and taken through the exer- cise of some Federal jurisdiction.- We have embarked upon a new approach, it is true* -We do not necessarily create a precedent for other compacts, but we have offered a solution here which, I think is important to the entire West, and will be increasingly so, in order to accomplish correlation of Federal juris- diction arid beneficial consumptive use of water for irrigation and domestic purposes which is regulated and controlled under State laws. Thank: you. Senator McCarran* Are there any questions? Senator Butler* Mr. Chairman, before I ask a question, may I request the privilege of my colleague making'a short statement? He has got to leave. Senator. Me Car ran. Senator Wherry* ..,-¦¦ ***** -Senator Butler* I would like to ask Judge Stone if the proposed amendment meets with his approval? |
