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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 />. :to- .~, . <br />;;:,:::" <br />;~;.:' .", <br /> <br />" ." <br /> <br />" 002267 <br /> <br />:',~ ".' <br /> <br />-5- <br /> <br />~. <br /> <br />hydroeleotric production by the struotures constituting the comprehensive plan <br />of water development in the two basins. By this device the Bureau of Recla- <br />mation, which functions primarily to reclaim arid and semi-arid lands, would be <br />relegated to the position of the pONe-I' authority in these river basins, <br /> <br />Without extending this analytical statement, there should be noted and <br />incorporated herein certain portions of the Report and Reocmmen:iations of the <br />Committee of the National Reolamation Assooiation, dated October, 19L~3, entitled <br />"Preservati on of Integrity of State Ylater Laws." The Committee whioh drafted <br />this report g;ave this problem a very careful study. This report sets forth <br />the desirability of ooordination of the activities of the Federal agenoies en- <br />gaged in water development, but the attainment of suoh an objective is quite <br />different from the plan oontained in the Bill IDlder,disoussion whereby ooordi- <br />nation is sought by plaoing all water development planning, construotion and <br />operation primarily under the direotion of one federal agenoy to insure the <br />proteotion of navigation and flood control as dcninant objeatives, <br /> <br />It is not believed that' the objeotions to this proposed legislation oan be <br />oured by amendments. The ba'sio polioy and the procedural provisions are not <br />in aaoord with the furtherance of the developnent of' the arid and semi-arid <br />areas of the river basins Which are the subjeot of the Bill. <br /> <br />Students of river basin problems recogpize the inherent desirability, and <br />in many cases the l1Iloessity, of adjusting oonflicting '!iater use benefits and the <br />ola.sh between federal and state jurisdictions over the ,control of ,vater through <br />agreements among states with the' oooperati on of the federal goverrunent. Often <br />such adjustments' take the form of oompacts which are ratified by the legislatures <br />of the sil3natory' states and approved by the Congress. This prooedure assures <br />the most efficient use of water for multiple purposes, provides for amicable and <br />equitable division of waters among states, removes oauses which might lead to <br />oontroversies, promotes interstate oomity, preserves the integrity of state <br />water laws, affords the means of eliminating the olash between federal and state <br />jurisdictions and promotes joint action between the United States and the states <br />for the utilization of,water resources and the control of destructive floods. <br />The proposed legislation, here disoussed, imposes an authority and fixes a rule <br />which limits, and in many cases would defeat, the possibilities of'making suoh <br />desirable adjustments. <br /> <br />On Deoember 6, 1943, the Supreme Court of the United States decided an <br />interstate water oontroversy between Colorado and Kansas, involving the Arkansas <br />river. Kansas is applying for a rehearing. It is assumed that, if the proposed <br />legislati'on evidenced by S. 1519 should become law, the development plan in the <br />upper basin would be compelled to recogpize this decision of the Court. However, <br />an adjustment of this long standing oontroversy (an earlier decision was rendered <br />in 1907) should not now be oomplioated by development prooedure under the polioy <br />and the terms of this B111. This oase held with respeot to the Arkansas river <br />from its headwaters to a point near Dodge City, Kansas, that in this area "the <br />stream is non-navigable." Thus this Bill oovers a river whioh for about 1.;40 <br />miles (more than a third of the total length of the river) has been held by the <br />United States Supreme Court to be non-tJl.vigable. In this same area irrigation <br />is extensively praotioed under state laws. As herein pointed out, this proposed <br />legislation fastens upon this river a basin development plan designed primarily <br />
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