| OCR Text |
Show -11- implication, those of the constituted state authorities, "whose action in this respect, of course, is subject to review by the United States Supreme Court. Failure of state officials to accept the finding of a compact commission and to comport with the rules set up by s\ach a body for the performance of the administrative functions may constitute an issue of compact violation. 8. COMPACT AFFORDS MEANS OF CORRELATING FEDERAL AM) STATE JURISDICTIONS. It is evident that the compact method affords a means of correlating the federal and state interests in, and jurisdictions over, interstate waters. In the absence of such a correlation, an allocation among states of the waters of an interstate stream may conflict with well recognized federal jurisdiction or the compact terms may be rendered ineffectual because of the later imposition of such federal jurisdiction. Since in the nest 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 all applicable state laws. The United States government is not a necessary party to an interstate compact. Therefore, to accomplish the correlation objective appropriate Congressional legislative methods may be invoked. A new approach to accomplish this purpose was made in the Republican River Compact recently consented to by Congress and approved by the President. This correlation was accomplished through Articles X and XI of the Republican River Compact (Public Law 60, 78th Cong., 1st Sess. Chap. 101+) from which we quotes "ARTICLE X "Nothing in this compact shall be deemed: "(a) To impair or affect any rights, powers or jurisdiction of the United States, or those acting by or under its authority, in, over, and to the waters of the Basin; nor to impair or affect the capacity of the United States, or those acting by or under its authority, to acquire rights in and to the use of waters of the Basin; "(b) To subject any property of the United States, its agencies or instrumentalities, to taxation by any State, or sub- division thereof, nor to create an obligation on the part of the United States, its agencies or instrumentalities, by reason of the acquisition, construction, or operation of any property or works of whatsoever kind, to make any payments to any State or political subdivision thereof, state agency, municipality, or entity whatsoever in reimbursement for the loss of taxes; n(c) To subject any property of the United States, its agencies or instrumentalities, to the laws of any State to any extent other than the extent these laws would apply without regard to this compact. |
