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Show -97 With your permission, I will read this resolution for both the benefit of the coinmittee and the record. Senator McCarran* You ms.y read it* Mr. Kagie. I shall read it, not only because of what it says on these two subjects, but because you will get some other implications that will be evident as I. proceed* This resolution is known as Resolution Ho. 10, adopted October 16, 19^2* by the National Reclamation Association, at Denver, Colo. Senator Butler. 19i|2? Mr. Hagie. Yes, sir; 19lj2. (The resolution referred to is as follows;) Ysfhereas Federal and federally authorized projects for the use ahd con- trol of Y/ater should not subordinate or impair the other vjater uses or rights, whether State, municipal, or private, in the States having such projects but should be treated on the same basis; and V/hereas where two or mere States are on the same stream or body of water, each State is justly entitled for itself and its people to an equi- table division or apportionment of the use of the water constituting the common source of supply, as, in suits between States, has been held by the Supreme Court of the United States; and Whereas the foregoing principles of v/ater use,: in accordance with S"tate laws and as between States are applicable not only to the States of the Vtfest maintaining the appropriation system of water law but as well to the Sta-fces of the Bast where the riparian system of water law is in effect; and Whereas State laws do not obstruct but permit and favor the function- ing of Federal and federally authorized water projects? Now therefore be it RESOLVED, That Federal legislation hereafter enacted should contain, and Federal legislation already enacted should be amended to contain, pro- visions to the effect: (a) That the water uses connected with such projects should be, as to their legal'incidents, in accordance with the law of the State containin-g the project, or if points of water diversion or impact are situated in irkore than one State, then according to the law of the particular State contain- ing such point or points of water diversion, or impact, and according to> any applicable interstate compact* (b) That, in case of more than.one State upon the same stream or b>ody of v/ater, such water uses in a State containing the project should be wLth-. out prejudice to the right of the- ether State or States to an equitable di- vision or apportionment of the water uses of the common supply whether the project for the use of the water is Federal or federally authorized or Ls |
