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Show 72 The Property Clause has additional importance in connec- tion with electric power. The power of falling water at a fed- eral dam comes into exclusive federal control, with the right to convert it into electric energy constituting federal property which may be sold or leased. War Power.-The scope of this power in relation to water resources is largely unexplored by the judiciary. Constructed in the exercise of war and commerce powers, the Wilson Dam and power plant were held adapted to the purposes of national defense. Even though there was no intention to use the nitrate plants or hydroelectric units for production of war materials in time of peace, their maintenance in operating condition and the assurance of an abundant supply of energy in event of war were held to constitute national defense assets. Treaty-Making Power.-Treaties have existing and po- tential significance, particularly as to international streams. Also, by treaties with western tribes of Indians, the United States has reserved rights to use of waters and exempted them from appropriation under state laws. General-Welfare Power.-The authority to provide for the general welfare of the United States is a delegation of power separate from and not restricted by other delegations of power enumerated in the same section of the Constitution. Recently, the Supreme Court said that the only limit here is that the power must be exercised for the common benefit as distin- guished from some mere local purpose. Equitable Apportionment.-In the disposition of water controversies between states, the Supreme Court has applied the principles of equitable apportionment. On the basis of equality of rights, this doctrine fits the decision to the facts of the controversy, without adherence to any particular formula. Interstate Compacts.-Apportionment of waters of inter- state streams is the purpose of most existing interstate compacts concerning water resources. Apportionment thus accomplished is binding upon the citizens of the compacting states and all water claimants, even where the state had granted water rights before entering into the compact. |