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Show December I4., 1933» Since that time little attempt has been made to reach an understanding. Throughout these negotiations* Nebraska took the position that it could not negotiate a compact which might adversely affect uses of water in that State. As a result of failure to reach an agreement* Nebraska filed its original bill of complaint against the State of Wyoming in December, 1935* in which Colorado was later made an impleaded defendant (see heading "Interstate Litigation"1?). Negotiations Between Colorado and Nebraska* Covering the Waters of the North and South Forks of the Republican and the Arikaree Rivers. -"^Negotia- tions between Commissioners rep'resenting the States-of Colorado and Nebraska have been'conducted intermittently since 193^+* with a view to a compact > covering the waters of the aforementioned streams* which head in Colorado and flow into Nebraska. It appeared at one time that an agreement would be reached; but, upon advice of the Attorney-General of Nebraska that the Commissioner for that State could not enter into a compact, the terras of which would invalidate or limit any decreed, existing, appropriation of water in Nebraska, that State declined to continue the negotiations,., and nothing further has been accomplished* Nebraska also took the position that the State o£* Kansas (through the northeast corner of which the South Fork of the Republican River flows) was a necessary party to any interstate agreement- The Commissioner for Kansas advised th^t he was agreeable to participating in negotiations, but, due to the afore-assigned reasons, the negotiations were allowed to lapse. It is thought that the decision of the Supreme Court, in the case of Hinderlider vs. La Plata River and Cherry Creek Ditch Company, 28 which, recognizes the authority of States to negotiate interstate compacts irrespective of their effect upon private vested rights, removes any valid objection heretofore raised by Nebraska in this connection. Negotiations Between Colorado and Wyoming Concerning the Waters of the Little Snake River. - Authorization has been given -She State Engineers ~of Colorado and Wyoming to enter into negotiations concerning the division of the waters of the Little Snake River, which is an interstate stream common to Colorado and Wyoming. This stream which rises in Colorado crosses the Wyoming-Colorado State- line four times. Considerable irrigation develop- ment has occurred along this stream, and decrees and permits have been issued for the use of water in both States. Ditches decreed in Colorado irrigate lands both in Colorado and Wyoming, whereas ditches decreed,in Wyoming likewise irrigate lands in both States. As a result of this condi- tion, ra-bher important questions of administration have arisen between the administrative officials of the two States. The Laws of Colorado and Wyo- ming prohibit the diversion of water arising in either State, for use in another State, which makes the administration of these interstate ditches a subject of interstate dispute. Thus far (1939)* however, no active nego- tiations for a compact have been entered into. Field surveys and studies of land and water resources in the two States needful for a full understand- ing of tlie needs of both States are now-being made • by the U. S* Bureau of Reclamation* Further negotiations for a compact suspended pending results of inves-ti gat ions by the Bureau* -. |
