| OCR Text |
Show without previous Congressional consent and in such case the approval of .the compact terms as made, implies previous consent. It should."be borne in-mind that the mere consent by Congress to make a compact* without setting out its specific terms, does not constitute Congressional approval. The required constitutional consent is not effectuated until the full text of the com- pact is before Congress. .¦_..; Experience has demonstrated, that it is advisable to obtain Congression- al consent to make a .water compact before attempting to negotiate its terms. Such previous consent can and should in all cases where water adjustments are involved carry with it the designation, either directly or through au- thorized appointment, of a federal representative to participate in the com- pact negotiations. As has been stated, federal interests are involved in the solution of interstate water problems and these interests should be re- viewed and correlated with the state interests during the negotiations rather "than left for consideration when the compact reaches Congress. As in the case of the first Republican River Compact, failure to provide for federal participation during the negotiations may lead to withholding of Congressional consent either through failure to. secure passage of the ne- cessary legislation or refusal of the President to approve such legisla- tion. . The question was raised when the first Republican River Compact approv- ing legislation was vetoed by the President whether the required Congress- ional action was subject to the veto power* A review of pertinent consti- tutional provisions clearly indicates that the consenting legislation may be in the form of a Joint Resolution or Act of the Congress, and that in either oase Presidential approval is necessary* VJi/bh a few possible exceptions, no compact should be attempted in ad- vance of adequate studies and investigations of the water resource and its most efficient use in-relation to the eoonomy of the region involved. This entails consideration of future project development for utilization and con- servation of water and regulation of river flow for various purposes in- cluding the prevention of floods. The need for such studies is emphasized -in.view* of--the;fact that in most cases in the West, river basin development is approaching its ultimate phase. The attempt to make adjustments by a compact without envisioning through adequate studies, the pattern of future development may and probably would result in a lopsided, ill advised de- velopment-and. lead to future difficulties. • Compacts do not generally make provision for specific public works, but the policy established by their terms cannot be formulated-without de- pendable* knowledge of the interrelation of all the physical factors. The Rio Oran.de Co: op act was successfully negotiated after-the completion of a joint investigation under the direction of the national Resources Planning Board. All interested federal agencies participated and the investigation was join.tly financed by the three interested states and the federal govern- ment. . . „ .. The present negotiations by New Mexico and Texas over-the waters of the Pecos River were preceded by a joint investigation under the direction -62- |
