WSP08505

• File Number: 8103.400
• Description: Arkansas River Compact Administration - Article VIII Investigations
• Basin: Arkansas
• Date: 4/6/1949
• Author: Hans Kramer
• Title: Report to Congress of the United States on Proposed Arkansas River Compact
• Water Supply Pro - Doc Type: Publication

viz., Oklahoma and Arkmlsas, the compact is properly silent on the

subject.

The relative rights, and paramoQ~t~y of use of waters as

between upper and lower States must also be considered in the light

of Federal interests and policies as asserted in prevailing

legislation.

Section l(b) of the Flood Control Act approved

December 22, 1944 and of the River and Harbor Act approved March 2,

1945 provide that:

"The use for navigation, in connection with the
operation and maintenance of such works herein
authorized for construction, of vraters arising in
States lying wholly or partly west'of the'ninety~
eighth meridian shall be only such use as does not
conflict vrith any beneficial consumptive use,
present or future, in States lying wholly or partly
west of the ninety-eighth meridian, of such waters
for domestic, municipal, stock water, irrigation,
mining or industrial purposes."

This provisiow of the 1945 River and Harbor Act was extended under a

special provision of the River and Harbor Act approved July 24, 1946

so as to make power, as well as navigation, subservient to beneficial

consumptive use with respect to the Arkm,sas Piver and its tributaries.

Inasmuch as both Colorado and Kans2,s are "States lyimg

wholly or partly west of the ninety-eighth meridian" they rely on the

above acts of Congress to safeguard their irrigation interests

against water demands for navigation and power in the lower States.

This position has the concurrence of all affected Federal agencies,

viz., Department 9f the Interior, Corps of Engineers and Federal

Power Commission. In view of the States' dependence on the existing

legislation cited above, the proposed compact makes no mention of

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