OCR Text |
Show -83- concept which had been prominent features of all previous drafts; nor did it attempt in any way to meet the problems of nee ting possible conflicts between Federal and State interests. At that stage of the meeting a recess was taken, during which separate caucases of Federal and State representa- tives' were held to discuss the practicability of accepting the Federal Power Commission draftc The consensus among Federal representatives was that, although some features of the Federal Power Corrmission draft might not be entirely satis- factory to individual agencies in carrying out their present and pro- spective responsibilities in the Republican River Basin, those agencies would probably not be \"'arranted in objecting to that draft if it were ac- ceptable to the States o ¦ Upon reconvening, the State commissioners and their advisers discussed extensively the points at variance between the Denver draft and the one proposed by the Federal Power Commission* Eventually, however, the Sta*te commissioners voted to reject the Federal Power Commission draft. There- after, suggestions made by representatives of other Federal agencies were reviewed, discussed, and worked into a final draft*. The paramountcy clause is not included in the final draft but another means of composing and correlating Federal and States interests was devised* A copy of the proposed compact, agreed upon and signed at Lincoln on December J>1, 19U2, was transmitted by me to the Departments of Agriculture, Interior, and War, the Federal Power Commission, and the National Resources Planning Board on several dates prior to January 20, 19U3* FOK-IULA FOR COMPOSING FEDERAL AITD STATE IHTBRESTS • The President, in his veto message, indicated that he approved the principle of apportioning the waters of the Republican Basin and that lie would be glad to approve a bill which, in assenting to the compact, would specifically reserve to the United States all of the rights and respon- sibilities which it now has in the use and control of the waters of the basin. - The major difficulty faced in the compact negotiations was to devise a suitable legislative formula, to meet the States' water problems, wi~thin constitutional limitations and within the limitations that the President had indicated he would approve-, An essential objective of the formula was to assure the States, and those establishing water rights for irrigation and domestic use under the laws of the States, that Federal programs a:nd projects undertaken in accordance with Federal jurisdiction would take into account the best and most economical use of the waters for multiple purposes, and would recognize established uses for irrigation and domestic purposes as property rights. How this objective could be obtained through a compact without en- croaching on, or impairing, Federal jurisdiction, was not easy of solmtion The device finally accepted by the States appears in the provisions of? Article XI, of the proposed compaot, which provides that the compact shall become effective only if Congress, in granting its consent to the compact, |