|
<br />COMPACTS AND AGRllEMENTS BETWllEN CERTAIN STATES, 19
<br />
<br />I The CHAIRMAN, In that, sense, the United States has some interest
<br />and should have some representation.
<br />, Mr, CAItPENTIOH, Ii also has the project at, Yuma, known as the"
<br />.yaguna Project, where they a.l'e now diverting wat.er on both sides
<br />of the Colorado River, The Government is substantially the pro-
<br />prietor in that quarter,
<br />Now, "ince my arrival at Washington I have hastily prepared
<br />fiOUIC rat.her informal memoranda, and, with your permission) ~1r.
<br />ehairm"n, I would like to havc a portion of thcse that I will describe
<br />"s more pertinent included in the record, in order to aid, if possible,
<br />in the farther cunsic1eration of thi.s bill. Thi.s memoran(lum is largely
<br />l:onfined to the history of the case, as it werc, or the history of it
<br />foregoing or Iorerunning Lhe introduction of the bill. It contains
<br />references to the (leeisions by the Supreme Court of the United
<br />States and by the Attorney General of the United States respecting
<br />leo'al phases which may be developed during the consideration of
<br />this bIlL It also includes citations respecting the treaty powers of
<br />the Stat"., particularly as applied to boundaries, ' ,
<br />It is ahout t,he only subject that has been treated outside of some
<br />Fede""l cases reh,tivo to the rights of the States in that quarter,
<br />'rhere is ,11so a more or less oxtensive memorandum respecting the
<br />advisability of the United States, if need be) entering into com.
<br />pacts with the States on matters where there IS a conflict of juris-
<br />diction between thc N at,ional Government and the Stat,es, and the
<br />precedents in that quar~er; proceeding, as it does, lar~ely upon the
<br />thought that the sovereIgnty 01 the Umted States begms where the
<br />:;ovcl'cignt.y of the State ends, or stating it, conversely, tha.t the sov-
<br />ereignty of the State begins where the sovereignty of the Nation ends,
<br />There arn two divided sovereignties, and this ,elates to the adjustment
<br />of conf1iets between two separate Government agencies. If this
<br />memora.ndmll will be of any service to the committee, I will be glad to
<br />Imvc it incorporated in the record,
<br />The CUAIRMAN, ,Ve would be glad to have it,
<br />Mr, CAHPRNTER, I might, state in that connection, that, Senator
<br />Dursum, 01 New Mexico, has introduced a bill along much the same
<br />Jiues as the Moudell bilL That bill procecds primarily upon the idea
<br />of having a reprosentative of the United States sit as a commissioner
<br />and with power to sign, :Mr, Mondell's bill and Senator Bursum's
<br />bill dill'er substantially in that quarter only,
<br />M1', Boms, There would probably he some eoutroversy in Congress
<br />over that question,
<br />Mr. CAHPIONTER, Yes, sir, Those of us who have had to do with
<br />t.he details of attempting to bring into operation those sections of
<br />the Const.itution bearing upon this subject matt.er of the Colorado
<br />Hivcr luw" had to pioneer, The draft of the bill that was prepared
<br />IInd iutroduced by Senator Bursum is the draft of the bill suggested
<br />by the governor to the President, but merely as a suggestion, of
<br />course, antI the only essential difference between the two bills, the
<br />bill of Seuat.or Bursum and House bi]] No, 6821, introduced by :Mr,
<br />Monclell, is that Mr, Mondell's bill simply provides that the repre-
<br />sentativc "f the Unitod IStates enter, participate, amI report to Con-
<br />gress, while in tho Bursum bill the representative of the United
<br />St.ates enters with full power of a commissioner to sign and report.
<br />Cl'herc is the othor' feature that in the Mondell bi]] the w hereases
<br />
|