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Show -72- The basis of the allocation of the waters of th© Republican River Basin is beneficial consumptive use, a term that is well known throughout the Ifest. Perhaps greater emphasis is placed on it in this compact than others, but it has been the x>rincipal objective upon which some other compacts have been framed* The Colorado River compact is an example, although you will find little mention in that compact of beneficial constructive use; yet it v/as a basis for the di- vision of water--and if I am wrong I hope Judge Stone will correct me* Beneficial consumptive use is defined in the proposed compact to be that use by which the water supply of the basin is consumed through the activities of man* In arriving at the amount of water to be allocated among the States, the State commissioners determined what is called in the compact, the "virgin water supply," which is defined in the proposed compact to be the water supply within the basin undepleted by the activities of man. It might be well to record in your hearings that this compact is not in- tended to be a precedent. The physical and other conditions peculiar to the Republican River Basin constitute the basis of the currently proposed compact, which specifically provide that its general basis and conditions are not con- ceded by -the St.ates or by the United States to be a precedent with respect to any other interstate.stream. Senator Butler and your acting chairman have referred to previous legis- lation framed about a former proposed compact which was covered by bills intro- duced in both the House and Senate. Interpretive amendments were considered and placed in at least one of those bills, but finally eliminated, and the compact. formerly proposed was accepted by Congress in the form in which it was agreed upon., by the three States a little over 2 years ago. The compact formerly proposed was vetoed by the i resident for reasons ex- plained in his veto message of April 2, 19*4-2 • The declaration that the Republican River and its tributaries are not navigable in article I of the compact formerly proposed, appears to have been the primary basis of the veto. Quite understand- ably that declaration was interpreted by the President and his advisers as an attempt to withdraw the jurisdiction of the United States over the waters of the Republican River Basin for the purposes of navigation. In the veto message of the President, however, he indicated approval in principle of a suitable compact for the apportionrient of the waters of the Republican. River among the three States, to permit irrigation and related uses, and for joint Federal-State action in the effective use of the water, and for the control of destructive floods. I can report to you gentlemen that the Presidents indicated approval of that principle was given very careful consideration during the negotiations. It woxald be well to record the names of the State commissioners* Mr. M. C. Hinderldder served for Colorado, Mr. George S* Knapp served for Kansas, and Mr. Wardneir G. Scott served for Nebraska, As a preliminary step toward negotiating a new form of compact, it was |