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Show Legal Aspects Chapter 19 WATER AND LAND are interdependent, and man depends upon both. His efforts to derive benefits from them are as old as history. More- over, a clear understanding of these efforts neces- sitates consideration of governmental aids and controls. Correspondingly, this limited survey of the legal aspects of responsibilities assumed by the United States, summary though it be, reflects important developments in the growth of the Nation. The central fact revealed is the lack of a uni- fied Federal policy respecting the development, utilization, and conservation of water resources, including related uses of land. From a pyramid- ing of statutes for over 100 years, several policies have evolved. Each addition has usually dealt with the most pressing need current at the time. Despite some harmonizing influences of the trend toward multiple-purpose projects, and despite the unifying influences of the swing in recent years to- ward comprehensive development, Federal law concerning water resources is today a unit in name only. For the components have frequently been unmatched in the process of legislating separately for different primary purposes while treating other purposes as incidental or complementary. 1 In outlining the Commission's assignment, the Presi- dent said: "It is essential in my judgment that a com- prehensive study and review be made of all existing water resources legislation and policies and that recommenda- tions be made in the full knowledge of national needs and objectives." The resulting documented survey con- stitutes vol. 3 of the Commission's report. In this narrative summary of that survey, all documentation is omitted for sake of brevity. A preliminary examination will be made of the sources of Federal authority, followed by a survey of the more significant statutes as they deal func- tionally with navigation, flood control, irrigation, power, other public purposes, and related uses of land. Separate attention will be required for those legislative provisions moving toward com- prehensive development of river systems and their watersheds. On the other hand, a subsequent comparative summary will show the differing re- quirements of legislation which frequently vary with the agency made responsible for construc- tion, or with the operation of the project or pro- gram involved. Constitutional Considerations The Constitution of the United States, or- dained and established by the people, is the su- preme law of the land. Under it, the authority of the United States is limited to those powers expressly delegated and such as may reasonably be implied from those granted. All other powers are reserved to the States or the people. There- fore, regardless of the character of Federal under- takings respecting water and land resources, en- abling authority must be found among the consti- tutional powers conferred by the people. It has long been established that the Govern- ment of the United States is paramount in its sphere of delegated authority. Such is that su- premacy as to remove all obstacles to Federal action within its own sphere. Designed and in- 277 |
