OCR Text |
Show of the -waters of interstate streams for irrigation and other beneficial purposes, has rot been availed of. The right of adjoining States to the use and benefit of the -waters of the streams common to both States has been considered by the court in the case of Kansas v. Colorado (I85 U. S., 125; 206 U, S., I46), in which case it was held that the respective States were each entitled to an equi- table portion of the waters of the common river, the extent of the use in each state to be determined upon the facts and circumstances of each particular case. In the above-mentioned case the right of the United States to the use of the waters of the western streams was also considered and determined (pp» 87-93)* An equitable apportionment or allocation of the use and distribution of the waters of western interstate stresms may be best accomplished through the efforts of the States represented by commissioners fully acquainted with the facts and the surrounding conditions, as well as with the future possibilities of use of water from the streams* Principles of international law are applicable to the use and distribution of waters of interstate streams, and as regards compacts between the States, "the rule of decision is not to be collected from the decisions of either State, but is one, if -we may so speak, of an international character*" (Marlett v. Silk, 11 Pet., 1, 23,) The rights of the nation in whose territory an international stream has its rise to the use and benefit of its waters for the development of its territory, irrespective of the effect upon the territory of a lower nation through which the stream passes on its way to the sea, were fully considered by Attorney General Judson Harmon, with respect to the claims made by the Republic of Mexico to damage by depletion of the waters of the Rio Grande, occasioned by uses in the United States. After exhaustive consideration of the various authorities upon the subject, he arrived at the conclusion that, while the United States had the right to utilize the entire flow of the Mo Grande in the necessary reclamation of the lands near the source of the stream, and while "precedents of international law imposed no liability or obligation upon the United States" to permit any of the water of the stream to flow to El Paso, nevertheless, he advised that the matter be treated as one of policy and settled by treaty with Mexico, (21 Ops, Atty. Gen., 27^, 280-283.) It is safe to predict that most of the past controversies respecting the waters of Western interstate streams could have been avoided had the matters in dispute beexi first submitted to competent compact commissioners. Friction be- tween the Federal departments and the State authorities should be avoided by proper compacts between the States before construction proceeds upon rivers where such contro-versies may arise. The Colorado River is still "young," as regards utilization of its water supply. Conditions look to enormous development during the next auarter of a century, Nature facilitates an- easy allocation and settlement of all matters pertaining -to the future utilization of the waters of this stream, if means to that end are taken prior to further construction and before friction develops. All apprehension of interference with the gradual and necessary future develop- ment upon tlie upper reaches of the stream l?y reason of earlier construction of enormous -works on the lower river may be avoided by compact and agreement entered |