OCR Text |
Show be every reason for adjusting interstate rights on interstate streams by the compact method and by agreed plans of comprehensive basin-wide development* As a matter of fact, in my opinion? we have reached a time when responsible state officials recognize the desirability wherever possible of adjusting interstate water relations on an amicable basis. Interstate litigation in- volves enormous expenditures of money, unconscionable delay and uncertain- ties as to outcome. Experience in Colorado has been that a court decree an interstate water has always been the source of further litigation. With legal principles settled the problems on an interstate stream are largely of an engineering nature. Under the process of litigation great masses of conflicting engineering data are submitted to a master. The vol- uminous record is then reviewed by one who is a layman so far as engineer- ing knowledge is concerned» in order to make definite conclusions* These conclusions are then resolved in the light of accepted principles of law by the Court for the determination of the case. It is not surprising, therefore, that the final decree often leads to further litigation* We must conclude that the interests of the states and their water users would, // in most cases, be better protected by an ascertainment and review of all of the pertinent facts within an interstate river basin under the direction of a competent and impartial agency followed by compact negotiations© There is another phase in the adjustment of interstate interests in water which should be noted. A significant statement appears in the report of the American Society of Civil Engineers, "Interstate Water Problems11, which reads} 11 The uses and pollution of the waters of interstate streams, and the settlement of controversies between States, resulting from such uses or claims, constitute at present (1939) one of the most urgent problems with which the States and the Federal Government are confronted. A conflict of interests inevitably arises sooner or later on nearly every interstate stream* This fact becomes highly significant when it is realized that no general comprehensive plan, with res- peot to the development of an interstate stream* can be ef- fective or satisfactory without cooperation between the States, and at times between the States and the Federal Government." In advance of interstate controversy the interests of the states and water users can often be determined on the basis of a general comprehensive plan within a basin. ' With cooperation between the states and the federal government many controversies may be avoided and the interests of states ad- justed on a satisfactory basis* This procedure is now being followed in the Colorado River Basin. -59- |