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WSP09208
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Last modified
1/26/2010 2:51:58 PM
Creation date
10/12/2006 3:31:16 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8103.300
Description
Arkansas River Compact - Jean S Breitenstein File
State
CO
Basin
Arkansas
Water Division
2
Date
1/14/1944
Title
Analysis of S 1519
Water Supply Pro - Doc Type
Report/Study
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<br />;:;'002'264 <br /> <br /> <br />-2- <br /> <br />Under decis ions of the Supreme Court of the United States (reoent armolIDce- <br />ments being the New River and Red River decisions" United States v. Appalachian <br />Electric Power Co., 311 U, s. 377, and Oklahoma v. atkinson, 313 U.s. 508), <br />navigation and flood-control works and the control of water by them, are in the <br />interests of interstate oOlllllleroe and subject to the exoluaive oontrol of the <br />Federal government. This policy statement whioh insures paramount proteotion <br />to navigation and flood-oontrol on the Arkansas river where in its upper basin <br />irrigation is extensively praotioed, makes irrigation uses under any plan of <br />development, subservient to those which are olaimed by the Federal government <br />under the above deoisions to be under its oontrol. <br /> <br />The report and reoommendations, dated Ootober, 1943, of a Committee of the <br />National Reclama.tion Assooiati on, approved at the armual oonvention of the as- <br />s ooia ti on in lSi/3, reoanmend as foll ows I <br /> <br />"1. That the control, regulation and utilization of water in the <br />arid and semi-arid areas of the United states be in aooord with the <br />prinoiple that the highest use shall be for domestio oonsumption and <br />for growing oropsJ that multiple-use or power projeots shall be so <br />designed and operated that domestio and irrigation needs shall at all <br />times be ?lramount to the requirements of hydroeleotrio energy pro- <br />duotion; and that the imposition of federal jurisdiotion IIDder the <br />COIIllIIBroe Clause to maintain navigable os.paoity and regulate floods <br />in lower reaohes of rivers having their souroes in the arid and semi- <br />arid region, should reoognhe the maximum use of water for irrigation, <br />pm:poses. " <br /> <br />"2. That appropriate steps be taken to resist resort to the <br />Commeroe Clause of the Federal Constitution, through varioua legis- <br />lative enaotments and a 'liberal oonstruotion thereof by judioial de- <br />orees, as a means of imposing oomplete federal oontrol of water ,re- , <br />souroes in disregard of applioable state water laws." <br /> <br />. . . * .... <br /> <br />"5. That in the interests of eoonomy, avoidanoe of dupli- <br />oation of effort and the attainment of the highest use of the <br />limited water resouroe of the "Iest for all benefioial purposes, the <br />states seek through aotion of the Congress, or by other effeotive <br />means, to obtain the oorrelat'ion of the aotivities of all depart- <br />ments, bureaus and agenoies of the Government engaged in water de- <br />velopment and flood oontrol, <br /> <br />"6. That in the formulation of plans for basin development <br />and in the authorization of speoifio projects, steps be taken to in- <br />sure both the reoognition of applioable state laws and the appropriate <br />ooordination of federal and state jurisdiotions over the watera in- <br />volved in suoh plans or projeots." <br /> <br />"7. T!-e-t to 'assure the most effioient use of v.e.ters for multi- <br />ple purposes, to provide for amioable division of waters among atates, <br />to remove all oauses, present and future, whioh might lead to oontro- <br />
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