OCR Text |
Show 167 Interstate Rivers.-Many important rivers or their tribu- taries originate in the highlands of one state to pursue a course through others. As we later point out, there is a growing awareness of the multiple benefits to be derived from basin- wide development of river systems and their watersheds under comprehensive plans.87 In the process of comprehensive de- velopment, particular projects are of especial concern to the people within their immediate area. In the case of irrigation projects, the availability of suitable land, characteristics of local economy, lesser financial outlay required for diversion works, and other factors sometimes pro- mote downstream development before projects are initiated for use of waters upstream. On the other hand, opportunities for diversion first occur in upstream areas. Just as in the case of individual water users on a stream, questions have arisen between states in regard to their respec- tive rights in waters of interstate rivers. Despite the differ- ences in basic systems of state water law, some of which we have already noted, the relative rights of states litigating a water controversy do not depend upon their respective systems of law.88 On the contrary, in settling interstate water contro- versies, the Supreme Court has applied the principles of equi- table apportionment, a doctrine which resolves the controversy on the basis of the equality of rights without adherence to any particular formula.89 Use of water for irrigation is vitally affected by determina- tion of such interstate water controversies. As we have al- ready pointed out, such controversies may be settled by original suits brought in the United States Supreme Court, or by interstate compacts.80 Irrigation Water Companies and Irrigation Districts Outstanding among organizations for group irrigation de- velopment are irrigation water companies and irrigation w See Chapter 9, Comprehensive Development, infra, pp. 383-491. ** Connecticut v. Massachusetts, 282 U. S. 660, 670 (1931). " See supra, pp. 58-64. " See supra, pp. 64-70. |