OCR Text |
Show preserving the Union by preserving comity between the States through avoidance of interstate conflict by settlement of pending and probable controversies regarding the use of the waters of interstate streams by compacts between the States- The States have been awakened to the cold fact that the asserted doctrine of National control.and administration of Western interstate streams (and substantially all sue such in the final analysis) under the interstate application of the intrastate rule of administration of the State resource (water of the streams) betiveen citizens inter sese,, commonly known as the doctrine of "prior appropria- tion", would establish a labyrinth of interstate servitudes immune from the administrative and sovereign jurisdiction of any State, and would ultimately coiiipletely wrest jurisdiction of the streams from the States and make servient the territory of each for the benefit of users beyond their control, in their exercise of tho rule of self-preservation, the first attribute of sovereigntyt And. in view of the experience of half a century, respecting the ever changing intrastate conditions and neces- sities attendant upon the use of the waters of the streams of States whose territory is still but partly developed, these States have been con- fronted not only with the problem of preserving their integrity as sover- eignties and their territory from the imposition of foreign servitudes -beyond their control and administered bjr men and not by law, but as well with the fact that the States are in a better position to make an equitable apportionment between themselves of the benefits to be derived from the use of the waters of the streams than would any court however constituted. To the end of arriving in due course at common interstate under- standings, before any further great burdens are laid upon the water re- sources of the streams by construction of enormous projects, by either public or private funds, whereby interstate servitudes mi^ht be asserted without consent and the States thereby brought into collision, the States have legislated and acted for the common purpose of self-preservation and mutual concession, and seven thereof but await the slow-moving action of Congress before proceeding with probably the most important exercise of the reserved treaty-making powers of the States, inter sece, ever serious- ly under-taken since the adoption of the Constitution., The degree of success which may ultimately be attained is problematical, depending as it does upon the varied factors of personality of the commissioners, patience and support of the people and future approval by the Governors and legislatures of the States and by the President and Congress of the United States• The personality, ability and breadth of view of the representatives to be appointed by the President for the United States w3.ll be of great importance, To what degree, if at all, those in charge of our national affairs will rise to the present opportunity of facilitating an early disposition of these interstate problems, remains to conjecture, but certain it is that few like opportunities for preser- vation of1 interstate comity and security of National and local investments, have been presented in the history of our national development,, An Elijhu Root could readily comprehend the opportunity of concluding by one conven- tion, the respective permanent positions of the States and of the United States and of determining for all times the equitable apportionment of the waters of this great river, in such a manner as to assure free intrastate |