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Show ARKANSAS RIVER COMPACT (COLORADO-KANSAS) 11 NOTES Congressional consent to negotiations.-By the Act of April 19, 1945 (59 Stat. 53), the Congress gave its consent to the negotiation by the States of Colorado and Kansas of a compact "providing for an equitable division and apportionment * * * of the waters of the Arkansas River * * *." This consent was given "upon the condition that one suitable person who shall be appointed by the President of the United States shall participate in said negotiations as the repre- sentative of the United States and shall make report to Congress of the proceedings and of any compact entered into." It was also pro- vided that no compact should become effective until it had been ratified by the legislature of each of the States and "approved" by the Con- gress. The Act cited required the compact to be negotiated and entered into prior to January 1, 1950. An earlier enactment--the Act of March 2,1929 (45 Stat. 1517)-had made provision, on similar terms but without fixing a time limit, for the negotiation of an Arkansas River compact among the States of Colorado, Oklahoma, and Kansas. State ratifications.-Colorado, Act of February 19, 1949 (Sess. L. 1949, p. 485; Colo. Rev. Stat. 1963, sec. 149-9-1). Kansas, Act of March 7,1949 (Laws 1949, p. 829; Kansas Gen. Stat. Ann. 1964, sec. 82a-520). Congressional consent to compact.-Act of May 31, 1949 (63 Stat. 145) from which the text of the compact above set out is taken. Section 2 of this Act reads as follows: "Nothing contained in this Act or in the compact herein consented to shall be construed as impairing or affecting the sovereignty of the United States or any of its rights or jurisdiction in and over the area or waters which are the subject of such compact: Provided, That the Chief of Engineers is hereby authorized to operate the conservation features of the John Martin Reservoir project in a manner conform- ing to such compact with such exceptions as he and the Administration created pursuant to the compact may jointly approve." For legislative history, see H. R. 4151 and S. 1448, 81st Congress; House Report 543 (Oommittee on Public Lands) and Senate Report 363 (Committee on-Interior and Insular Affairs), 81st Congress; 95 Cong. Rec. 6255, 6605 (1949); P. L. 82, 81st Congress. Hearings on H. R. 4151 and S. 1448 were printed; both documents contain the report of the Federal representative. Previous litigation.--See pp. 487ff post. Related legislation-See the Act of August 6, 1962 (76 Stat. 389) (Fry ingpan-Arkansas project). |