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Last modified
1/26/2010 4:14:23 PM
Creation date
10/12/2006 5:28:47 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8200.400.30.C
Description
La Plata River Compact
Basin
Colorado Mainstem
Date
1/1/1922
Author
Delph E. Carpenter
Title
Report of Delph E. Carpenter, Commissioner for the State of Colorado in Re: the La Plata River Compact
Water Supply Pro - Doc Type
Publication
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<br />[ 13 ] <br /> <br /> <br />States to the burden of arresting its development and of de. <br />nying to its inhabitants the use of a provision which nature has <br />supplied entirely within its territory. The recognition of such a <br />right is entirely inconsistent with the sovereignty of the United <br />States over its national domain. <br /> <br />"The rules, principles, and precedents Of international law <br />imposed no duty or obligation upon the United States of deny- <br />ing to its inhabitants the use of the water of that part af the Rio <br />Grande lying entirely within the United States although such <br />use results in red'ucing the volume of water in tb,e river below <br />the point where it ceases to be entirel)' within the United States." <br />(21 Ops, Atty. Gen., 274.) <br /> <br />For a full discussion of international rights upon the Colo-' <br />rado River, see Appendix, pages 318-343, part 2, Hearings Be- <br />fore Oommittee 011 Irrigation of Arid Lands, House of Repre- <br />sentatives, Sixty-sixth Congress, first session. <br /> <br />While by all rules of internatianal law the upper nation is <br />entitled to make full use of the waters of an international stream <br />rising wholly within the borders of the upper nation, neverthe- <br />less such matters are usually settled by treaty in the same man- <br />ner as the settlement between the United States and Mexico re- <br />specting the use and benefit of the waters of the Rio Grande <br />(above cited), wherein it is provided for an "equitable appor- <br />tionment" of the waters of the stream between the two Govern- <br />ments. <br /> <br />The rule of equitable apportionment applies to the settle- <br />men by the Supreme Court of controversies between States over <br />rivers common to, two or more States of the Union, (Kansas v. <br />CalOl'ada, 2'06 U, S., 46, 117.) <br /> <br />This equitable apportionment of the waters of an interstate <br />river may be made by one of two methods: <br /> <br />(1) By interstate "compact or agreement" between the <br />States, by consent of Congress; and <br /> <br />(2) By suit between the States before the United States Su- <br />preme Court. <br /> <br />The latter method is the substitute, under our form of gov- <br />ernment, for war between the States. In other words, were it <br />not for the provisions of our Constitution the States might set- <br />tle their d'ifferences over interstate rivers by resort to arms. But <br />by the terms of the Constitution the right to resort to settlement <br />by force was surrendered, and in lieu thereof was substituted <br />the right to submit interstate controversies to the Supreme Court <br />in original proceedings between the States. (Kansas v. Colo- <br />rado, 206 U. S., 46; Rhode Island v. Massachusetts, 12 Pet., 657.) <br />
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