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Show -101- arid lands» . . In river basins suoh as that of the Republican River, the State and local interests undoubtedly have a real basis for concern as to how the development of the basin through the consumptive use of water therein will be affected by the exercise of Federal jurisdiction over those waters. This department is also concerned about that problem and believes contrary to the view heretofore expressed by some Federal agencies, that the Federal Government can and should work out some legislative device to assist the States in their solution. In the case of the Republican River Basin, the states first sought to solve the problem by including in a proposed compact, a declaration that the Republican River was not navigable. This draft of compact was pre- pared in 19Ul without Federal £)articipation. Apart from the troublesome point as to navigability, there were several objections to the compact by this department. We sought to work out with the States interpretive amendments to the then pending legislation. But the legislation, after much debate centering around the jurisdictional point as to navigation, was passed without any amendments0 The President felt obliged on April 2, 19lj2, to veto it, chiefly because of the juris- dictional point, but in doing so he expressly recognized the desirability , of a compact being made if a mutually satisfactory basis could be found» I think that there was justification for the original veto. I also believe, however, that, considering the physical facts as to the water supply of the Republican River Basin, and its prospect of development, "the formula subsequently devised by the States with respect to possible con- flicts between certain rights to the use of water established under Sta-te law, on the one hand, and the exercise of Federal jurisdiction on the o-ther, is reasonable. It strikes me as being one also that both the compacting States and the Federal Government will find adapted to the fostering of the fullest economic development of the water resources of the Republican River Basin. With respect to these possible conflicts in keeping with the require- ments of article XI of the compact, that formula is proposed to be made operative principally through the provisions of section 2(a) (2) and 2 (a) (3) of the bill now before you» I understand that, operating under such provisions, no Federal agency would be precluded from exercising to the full under appropriate existing or future Federal legislation whatever jurisdiction the Federal Government may have as to the waters of the basin, on the condition that if such exercise would interfere with the full and complete consumptive use of the waters in the basin that agency shall first consult with other interested agencies and shall then determine that, in its judgment, the exercise JLs consistent with the best use of such waters. Such provisions, however, would require the Federal Government to reoognize certain established uses of water for domestic'and irrigation purposes, if such uses are impaired by any Federal program or project undertaken in the exercise of such Federal |
