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Show INTERSTATE WATER PROBLEMS FINAL REPORT OF THE COMMITTEE OF THE IRRIGATION DIVISION OH INTERSTATE HATER RIGHTS AMERICAN SOCIETY OF CIVIL ENGINEERS Paper No. 2055 Reprinted from TRANSACTIONS, Vol. 104 (1939)* P- 1822 INTRODUCTION The Committee published progress reports in 1927, 1928, and 1930.1 Much of the interstate litigation and negotiations for interstate compacts, cover- ing the use of waters of interstate streams, has occurred since the latter date. Vital questions of Federal versus State jurisdiction have arisen, large- ly because of increased activities of various Federal agencies as a result of legislation enacted by the Congress since 1932* in the interest of industrial recovery and conservation of the natural resources of the nation. In connection with the important subject of interstate water with which this Committee is concerned, U» S» Federal and Supreme Court decisions, and papers written by various Federal, State, legal, and engineering authorities, have been reviewed by this Committee and freely drawn upon in the prepara- tion of this report* with the view of bringing up to date a compilation of the his-tory covering compacts, litigation, and Court decisions concerning the use of the waters of interstate streams. In its desire to make this report as inclusive as possible, certain pha- ses of -the work were allocated to various members of the Committee, the spe- cial topics involving review and research of current engineering literature, Federal Court digests, reports by various Federal agencies, such as the Water Resources Committee of the National Resources Committee, the U. S<# Bureau of Reclamation, Federal Power Commission, American Bar Association,.2 Federal legislation affecting interstate and international streams, the Rocky Mountain Law Review, Harvard Law Review,3 Yale Law Journal, New Jersey Law Review, and University of Pennsylvania Law Review. In addition, questionnaires were sent to the Attorneys General and State Engineers, or other water officials, of all the forty-eight States, requesting data concerning interstate ^•Proceedings, Am. Soc. C. E. t Society Affairs, March 1927, p. 106; So- ciety AFfairs, March 1928, p. 120; and papers and Discussions, March 1930, p. 59£. 2"A. River is a Treasure," by William R« Kelly, Greeley, Colo., 20 A.3.A. J- 559 (193W- 3ffInterstate Rights in Interstate Streams in the Arid West*" by L. Ward Bannister, Denver, Colo., 36 Harvard Law Review, 960, (1923). -78- |