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Transcripts of the Arkansas River Compact Commissions 01/22,23/1947
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Transcripts of the Arkansas River Compact Commissions 01/22,23/1947
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11/18/2014 1:50:04 PM
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Water Supply Protection
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Seventh Meeting of the Arkansas River Compact Commissions01/22,23/1947 Topeka, Kansas
State
KS
Author
Commissioners
Title
Seventh Meeting of the Arkansas River Compact Commissions01/22,23/1947 Topeka, Kansas
Water Supply Pro - Doc Type
Meeting
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m <br /> 17 <br /> 0 <br /> 0 <br /> n <br /> m <br /> 0 <br /> protecting the rights, interests and jurisdiction of the <br /> United States. Offhand I certainly can see no objection to <br /> 0 <br /> that. The question in my mind is, is it necessary? Aren't <br /> those rights, powers and jurisdiction? Don' t they speak <br /> for themselves? <br /> m <br /> MR. TATE: Well, there are two rights to protect, <br /> • either one of which is protected by the general condemnation <br /> rights that the United States has. Then it has, we will say, <br /> contractual rights that we are protecting here. There are <br /> two rights of the United States to be protected, one of which <br /> is the general condemnation right covered by law, and the <br /> other contractual rights which are protected by this provision. <br /> CHAIRMAN KRAMER: In my mind it goes even a step far- <br /> ther in this case. In the Republican River compact, of <br /> oourse, there was not involved there any federally built <br /> structure. Here we have as an important factor in the oem- <br /> pact the John Martin dam which is a federal structure. There <br /> are certain rights vested in the government in respect to <br /> that structure. It is presumably recognized and safeguard- <br /> ed in this language. Whether that is necessary or not is <br /> beside the point, because these rights do exist. But in <br /> this case you have that additional function of the Federal <br /> Government affecting the compact presumably. If I under- <br /> stand the purpose correctly it goes to that, in addition <br /> to contractual eminent domain and other powers. <br />
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