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Show -87- ¦fchree States, the allocations are fair and equitable* It is the view of the States that these allocations and the other provisions of the compact adequately protect the use of the water for irrigation, domestic, and other purposes« Aside from the terms of the compact, providing for equitable allocation of the waters of this river among the three States, there are other provisions vfhich carry out the purposes of the compe.ctP One outstanding purpose of the compact is to provide for the most effioient and beneficial use of the water of that basin for all purposes, and to provide for protection against destructive 'floods« . , - It should be noted that in the early part of the compact,'it is specifically stated that this compact and the terms therein expressed., do not constitute a precedent, and that by the ratification, through the State legislatures and ap- proved by the Congress, it shall not be taken as a precedent. The terms of the compact;, are mads necessary because of the physical conditions which exist in the basin affected* Beneficial consumptive use is the basis and principle upon which the allocations of water are nade to the three signatory States. The cor- relation of the Federal jurisdiction with such beneficial consumptive uses brought about and presented the difficult problem which was encountered in tlie ma.king of this compact» Reference has been made hereby Mr. Parker, that the paramountcy clause was considered* The consideration of that clause is significant, because^ i"t was felt at the beginning that it probably accomplished the purpose of corre- lation of Federal jurisdiction and beneficial consumptive use. In the former compact which was before this Congress, the States had included a provision that the Republican River and tributaries within the basin, are not navigables and, consumptive uses of water shall constitute paramount use. The objection at that time, was largely directed to the statement that the waters of the river were not navigable. During th3 deliberations of the Irri- gation and Reclamation Committee in the House, there was given consideration to a statement coming from the Federal Power Commission, that there would be no objection to the statement that the use of the waters of the Republican River and tributaries thereof within the basin for beneficial consumptive use shall constitute paramount use, and any other use shall be subordinated thereto^ Be- fore negotiations were undertaken by the State, following the veto of this com- pact by the President, an effort was made to ascertain whether, if a hew compact negotiation were undertaken, there would be objection to that clause on the part of the Federal Power Commission. The State commissioners were advised^ as were others from these States, that there would be no suoh objection. For -that reason, it was thought desirable that rather than attempt to compact without first obtaining the authority cf the United States Government and having a Federal representative appointed, we should proceed in that way and obtain, if possible, a congressional authorization and the designation of a Federal repre- sentative. It was the belief then that all the Federal views could be corre- lated and worked out during the negotiations. We first encountered objection' on the part of the Federal Power Commission to this clause, which we believed," had been recommended by it. However, that clause was contained in the compact, as tentatively drafted in the first meeting at Denver, Colo* Following further objection to that clause, it was eliminated in the Lincoln conference. However, the retention of that principle, in an effort to do away with the objections to |
