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Show are justified in making this assertion in view of the findings and con- clusions to this effect made recently by a coTnmission duly constituted by the State of Wyoming and the Secretary of the Interior for a thorough consideration of the entire stream^ its water supply and the future devel- opment of the irrigable area. Unfortunately, however, the findings and report of this commission are not in the form of a binding compact which those in charge of the granting of rights of way ever public lands are legally (although morally) obligated to obey* We are reliably advised that the same general observation ap- plies with equal force to the unfortunate conditions obtaining upon the Rio Grandej above Elephant Butte Reservoir, in both Colorado and New Mexico. And we regret to observe that the Reclamation Service and National Power Commission are proceeding with plans for construction of an immense reser- voir on the Colorado River at Boulder Canon (Lower Colorado River) without awaiting an orderly settlement of the rights of the States and of the United States to the use and disposition of the waters of that stream in harmony with legislation already enacted by the States and now pending be- fore Congress« Security of expenditure of Government funds should be guarded with more car© than with private funds and the Government should be the first to set an example of orderly consideration of the rights of the States and of the United States in all matters "rhere later conflict may develop. INTERI7ATIONAL RIVERS Before discussing the application of the reserved powers of ths States to settle or avoid present or future controversies respecting the use and disposition of the waters of our Western streams by interstate or by interstate and national compacts, a consideration of the methods of adjustment respecting the use of the .waters of international rivers is. essential. Rules of international lav; apply between the States and the States naturally follow those precedents of international la?/ announced by the United States in its relations'with other nations. History records few wars provoked by controversies over inter- national rivers* While "it may be imagined that a nuisance might be cres- ted by a State upon a navigable river like the Danube, which would amount to a oasus belli for a State lower down, unless removed" (200 U. So 1^6^ 521)', the very nature of slow flowing rivers, annually replenished by new- snows and rules, coupled with the gradual and almost imperceptible en- croachments, diminution of water or pollution by sewage' or other means, encourage deliberate a-ad prolonged negotiations finally culminating in treaties, between the interested nations, defining or determining the rights and privileges of each nation and, incidentally, of those of its citizens who enjoy the use of the waters of the stream. Perhaps no sub- ject of international dispute so lends itself to diplomatic adjustment or* is less prone to provoke those sudden international upheavals which culmi" nate in war. |