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Show rights is of serious magnitude and established by clear and convincing evidence. Furthermore, the Court has suggested that interstate water dis- putes might better be solved by compact than by litigation. Interstate Compacts.-Under the Constitution, no State may enter into any agreement or com- pact with another State without the consent of Congress. On several occasions, Congress has given blanket consent for certain compacts re- lating to water and land resources. No record has been found of consummation of compacts negotiated expressly pursuant to these authori- zations. But States have otherwise entered into a num- ber of compacts of this sort. The principal purpose of most of them is to achieve apportion- ment of waters of interstate streams. The Su- preme Court has made it clear that an apportion- ment accomplished by compact is binding upon the citizens of the compacting States and all water claimants. Navigation Navigation has always been a principal use of navigable waters. Exercising its extensive au- thority over commerce in the interests of naviga- tion, Congress has enacted numerous laws con- cerning the use, improvement, and protection of navigable waters. Use.-Domestic transportation by water has been a matter of national concern from the be- ginning of our history. Early treaties and stat- utes relating to the formation of State govern- ments contain declarations that navigable waters shall be common highways and forever free. But tolls were often charged in early days by States and private companies for passage through non- federally owned canals, and through privately constructed navigation works. In some cases, the United States purchased stock of the canal companies and received a share of the tolls. In later years, the Federal Government acquired private canals and made them toll free. And in 1884, Congress adopted a prohibition-effective today-against the levying of tolls upon water craft passing through any Federal navigation work. Extensive legislative attention has been paid to providing aids to and rules for navigation. On the sea and lake coasts and on rivers, the United States Coast Guard is authorized to establish and maintain navigation aids. Congress has directly prescribed rules for navigating harbors and inland waterways, and at sea. It has also empowered the Commandant of the Coast Guard to establish certain ancillary rules. And the Secretary of the Army is authorized to establish, and prescribe rules governing anchorage grounds for vessels in harbors and other navigable waters. The Secre- tary also has general authority to prescribe regula- tions for navigation of navigable waters covering all matters not specifically delegated by law to some other executive department. Only recently has Congress made detailed pro- visions for regulation of water carriers. Broad- ening earlier limited provisions for regulation, Congress in 1940 enacted a scheme for regula- tion of water carriers, which bears a general sim- ilarity to that for rail and motor carriers. It conferred upon the Interstate Commerce Com- mission, with specified exceptions, jurisdiction over water carriers engaged in transportation in interstate and foreign commerce, extending to their rates, service, intercarrier relations and an- cillary matters. At the same time, Congress pro- nounced a national transportation policy to gov- ern the administration and enforcement of the Interstate Commerce Act as it applies to all carriers. Among other things, this declaration stipulates that regulation under the act shall be "so administered as to recognize and preserve the inherent advantages" of each mode of transpor- tation subject to the act. Important among ex- emptions from the act specified for water carriers are those for the transportation of commodities in bulk. Another policy of Congress states that water terminals are essential at all cities and towns lo- cated upon harbors or navigable waterways, and that at least one public terminal should exist, con- structed, owned, and regulated by the municipal- ity or other public agency of the State and open 281 |