OCR Text |
Show such case the approval of the compact terms as made, implies previous con- sent« In practice, the required constitutional consent is not effectuated until the full text of the compact is before Congress and approved by that - body. In most cases, it is advisable to obtain previous consent. Such pre» vious consent, in all cases where water adjustments involve federal inter* ests, should carry with it the .designation, either directly or through au<* thorized appointment, of a federal representative to participate in the negotiations. Federal interest should be reviewed and correlated with those of the states during the negotiation stage rather than when the compact is considered in Congress* A federal representative, in practice^ ordinarily acts as chairman of the commission and participates in the negotiations without vote* By his participation* he does not bind the federal government* In. this connection, it should be borne in mind that the compact commissioners by signing the compact, do not thereby commit the signatory states to the terms of the compact* The committment of these states is effectuated through ratification of their respective legislatures, subject to the final approval of the compact by Congress. A federal representative, aside from participat- ing in the discussion of proposed terms of an interstate water agreement, serves as an intermediary to ascertain and submit for the consideration of the comnissioners the views of various federal agencies engaged in water de«» velopmen-b within the affected river basin. This serves the putrjsose of de~ termining the federal viewpoint for consideration in relation to the in- terest and views of the state representatives during the negotiations and before the legislatures of the states are called upon to ratify. The first Republican River Compact, the approval of which by Congress was vetoed by the President, is a notable example of what may well happen when a compact is attempted without following the procedure which is here discussed* In recent years the federal government, either during negotiations or as a part; of the approving legislation, has insisted upon a provision which provides that nothing in the proposed compact shall be deemed to impair or affect any rights, powers or jurisdiction of the United States, or those acting by- or under its authority, over the waters of the basin affected; nor to impair or affect the capacity of the. United States, or those acting by or under its authority, to acquire rights in or to the use of the waters of such basin. Either with or without such a provision in.the compact itself, or as a part of* the consenting legislation-? the compact terms may be rendered ineffectual because of later imposition of federal jurisdiction. Further, since in "the West future water projects probably will be federally financed, the compact should be so framed as to impose the terms thereof on federal agencies; and the compact provisions should insure recognition by the federal government of applicable state laws. Keeping in mind these principles, it is apparent that an appropriate approach -fco accomplish the objective of integrating federal and state juris- dictions^ as well as the various uses of water which may bo controlled un- der different jurisdictions, the compact may provide that it shall not be- come operative when ratified ty the legislatures of each of the signatory states un-fcil in addition to the required Congressional consent, the Con- gress, either separately or as a part of the consenting legislation, binds |