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<br /> <br />and, in most in.stanoes, oould have been avoided had the litigaat states <br /> <br /> <br />been ~oroed to a reasonable oonsideration o~ friendly adjustment as a pre- <br /> <br />requisite to an exeroiseo~ the right to bring the defendant state before <br />the bar o~ the oourt. <br /> <br />The treaty powers o~ the states have been ~requeJl.tly and <br />suooeSl~ully invoJl!ed in i;he set'blemel!.t of disputed bOUl1l.daries. thgough <br />iaterstate eompaots l!'atified and approved by Congress. <br /> <br />While iaternational oontroversies respeeting rivers have always <br /> <br /> <br />been settled, Between friendly nations, as matters,o~ polioy, through <br /> <br /> <br />treaties. this method seems to have been emtirely overlooked in inter- <br /> <br />state river disputes between the ~ba~es o~,the Union. <br /> <br />Whil.,. prineipl. es <br />. . ... . <br /> <br />ot international law are applioable to interstate rivers, the eQlllPU:!.ma.nt' <br />s;tatea have preferred to attaok rather thQ to treat. The mere aoeidelltal <br />and partial similarity ot looal laws, solely tor pur~ses o~ inbra-state <br />administration mf the use of the waters of ccmmoHWealths. has been seized <br />upon as the basis of a permanellt rule between the sta:bea with utter dis- <br />regard of the fundamental right ot eaoh state to change its 100901 laws to <br />sui~ the ohanging conditions of its territory and people a000rding to <br />future lIeeessities Ud in disregard of the fwadamental rule that the do_in <br /> <br />, <br /> <br />or stream of one state 0&1U1Gt be bUl'deaed with foreign servitudes against <br />its will aiad partieul arly where the servient state would be powerless to <br />control the servitude through exereiseof its power of 8)llinent domain. <br />Agenoies of the United states have disregarded the constitutional rights <br />of the states and have joilaed in the promulgation ot doetrines whieh would <br /> <br />uilitimately divest the states ot all adm~nistrative oontrol of their si;reams <br /> <br />and leave the whole matter in the perpetual keepimg of ambitious federal agencies. <br />