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<br />[ 15 J <br /> <br /> <br />The l'ights of the nation in whase terr,itory an international <br />stream has its rise to tbe use and' benefit af its waters for the <br />development of its territory, irrespective of the effect npon the <br />territory of a lower nation through which the stream passes on <br />its way to the sea, were fully considered by Attorney General <br />Judson Harmon, with respect to the claims made by the Repnb- <br />lie of Mexico to damag.e by depletion of the waters of the Rio <br />Grande, occasioned by uses in the United States. After exhaus- <br />tive consideration of the various autborities upon the subject, <br />he arrived at the conclusion that, while the United States had <br />the right to utilize the entire flow of the Rio Grande in the neces. <br />sary l'eclamation at the lands near the source of the stream, and <br />while "precedents of international law imposed no liability or <br />obligation upon tbe United States" to permit any of the water of <br />the stream to flow to El Paso, nevertheless, he advised that the <br />mattei' be treated as one of policy and settled by treaty with <br />Mexico. (21 Ops: Atty, Gen., 274, 280-283.) <br /> <br />It is sai'e to predict that most of tbe past controversies re- <br />specting the waters of Western interstate streams could have been <br />avoided had the matters in dispute been first submitted to compe- <br />tent compact commissioners. Friction between the Federal de. <br />. partments and the State authorities should be avoided by proper <br />compacts between the States before construction proceeds upon <br />rivers where such controversies may arise. <br /> <br />The Oolorado River is still "young," as regards utilization <br />of its watm' supply. Conditions look to enormous development <br />during the next quarter of a century. Nature facilitates an easy <br />allocation and settlement of all matters pertaining to the future <br />utilization of the waters of this stream, if means to that end <br />are taken prior to further construction and before friction de- <br />velops. All apprehension of interference with the gradual and <br />necessary fntnre development npon the upper reaches of the <br />stream by reason of earlier construction of enormous works on <br />the lower rivm' may be avoided by compact and agreement entered <br />into prior to any future construction. <br /> <br />In fact, settlement of possible interstate controveries by inter- <br />'state compacts is recommended by the United States Snpreme <br />Court. (Washington v. Oregon, 214U. S., 205, 218,) <br /> <br />COMPAC'l' BY "JOINT COMMISSION" BETWEEN STATES AND UNI'l'ED <br />STAT.TIJS. <br /> <br />In another section we observe that the States, with consent <br />of Congress, have full powers to make compacts with each other. <br />Treaties between States are designated as agreements or ('(}In. <br />pacts. (Art. I, section 10, par. 3, Constitution,) <br /> <br />The United States, in the exercise of its sovereign powers, <br />