OCR Text |
Show -12- "ARTICLE XI "This oampaot shall "become operative when ratified by the Legislature of each of the States, and when consented to by the Congress of the United States by legislation providing, among other things, thatj "(a) Any beneficial consumptive uses by the United States, or those acting by or under its 'authority, within a State, of the waters allocated by this compact, shall be made within the allo- cations hereinabove made for use in that State and shall be taken into account in determining the extent of use within that State. "(b) The United States, or those acting by or under its authority, in the exercise of rights or powers arising from what- ever jurisdiction the United States has in, over, and to the waters of the Basin shall recognize, to the extent consistent with the bast utilization of the waters for multiple purposes, that bene- ficial consumptive use of the waters within the Basin is of para- mount importance to the development of the Basin; and no exercise of such power or right thereby that would interfere with the full beneficial consumptive use 6f the waters within the Basin shall be made except upon a determination, giving due consideration to the objectives of this compact and after consultation with all interest- ed federal agencies and the state officials charged with the administration of this compact, that such exercise is in the interest of the best utilization of such waters for multiple purposes. "(c) The United States, or those acting by or under its authority, will recognize' any established use, for domestic and irrigation purposes, of the waters allocated by this compact which may be impaired by the exercise of federal jurisdiction in, over, and to such waters; provided, that such use is being exercised beneficially, is valid under the laws of the appropriate State and In conformity with this compact at the time of the impairment thereof, and was validly initiated under state law prior to the initiation or authorization of the federal program or project whiclh causes such impairment#w Yvithout supplemental federal legislation, the approval of the Compact by Congress would not serve to bind the United States nor those acting by or under its authority. At least, in the absence of a United States Supreme Court decision to the contrary, the binding effect of an interstate compact upon the Government and its agencies cannot be supplied by mere assent* Therefore , the states themselves by the terms of this Compact could not impair or affect any right, powers or jurisdiction of the United States, or those acting by or under its authority in, over and to the waters of the Republican river basin. However, the signatory states could and'did provide, under Article XI, that the Compact would not become operative after ratifi- cation by the legislatures of the respective states unless the Congress in addition -to granting its consent to the Compact enacted legislation carrying out the provisions of Article XI. |