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Show -86- the clause as first proposed, was incorporated in the Lincoln draft* In other words, the present draft adopted at Lincoln, contains reference to beneficial consumptive use as being paramount, but it dees not include the clause as ob- jected to^. and as it appeared in the Denver draft. The question was whether the compact shall be limited to* and deal ex- clusively with, allocations among the States or whether an effort should be made in this compact to foresee claims made."under the federal jurisdiction in the future, which would have the effect of defeating and interfering with the bene- ficial consumptive use of water by the States, Naturally, these States felt that if their citizens should proceed under this compact, and throughout the years build up benefits by irrigation, those benefits should not be defeated later because of Federal claims yh ioh.would arise for various uses lower down on the river. For t hat reason, it seemed constructive and desirable to provide for the highest beneficial use of this water, recognizing at all times that its principal -use in the upper basin would be for growing crops and for domestic purposes, and to protect that use in the future* • ¦ Therefore, a new approach was made in compact making, and article XI was incorporated in this compact. That article follows a declaration that it is not intended to defeat Federal jurisdiction. In order to correlate that Federal jurisdiction,, with these beneficial consumptive uses -which we must keep in mind constitute the basis and principle upon which the allocations were made, there should be recognition by Congress, of/those beneficial uses.. It should be noted here that a question arose as to whether a mere approval by Congress of a compact would effectuate provisions put in the compact for the protection of beneficial consumptive use* . It was the conclusion and decision finally that mere approval would not effectuate that purpose-that mere approval would not be sufficient. Therefore, article X provided that, if this compact is approved by the Congress it should be approved "by including in the approving legislation certain stipulations or provisions. Article XI provides for the inclusion of such provisions. I should like to go over briefly those provisions, It seems to me that they constitute the formula for composing what might be considered to be differences between beneficial consumptive use which is regulated under State laws, and Federal jur-isdiotion* I should also like to remark that it is not the desire, nor was it the pur- pose, of th.e State ooiranis si oners, nor of the States through ratification, to \ dictate to.Congress that such legislation should be adopted; but in order to accomplish the purpose attempted in this compact, it was believed that it was necessary for the States to indicate that if this compact is approved', it should be approved by the inclusion of these stipulations or provisions in the ap- proving leg islation* Accordingly, article XI provides that the compact shall become operative when ratified \>y the legislatures of each of the States, and when conseirted to by the Congress of the United States by legislation providing, among other things % («.) Any beneficial consumptive uses by the United States or those acting by or under its authority, within a State"of the waters, allocated |
