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<br />\ <br />C'tilUH8 <br /> <br />-18- <br /> <br />consent of Congress. In that role, in many cases if not all, a compact may <br /> <br />well serve the ends of bRsin-wide water developmp.nt in the fcllc~d~g ~~yv: <br /> <br />1. It may provide for the equitable apportionment of the use of the <br /> <br />water supply of an interstate river and its tributaries. <br /> <br />2. It may specify the method and extent of the measurement of stream <br /> <br /> <br />flows and the method of determining the uses of water in the signatory states. <br /> <br />3. It may make provision for the installation, maintenance and operation <br /> <br />of water-gaging stations on the streams subject to the compact; for engaging in <br /> <br />cooperative studies of water supplies of such streams; and for making findi~gs <br /> <br />as to certain matters of vital importance in the utilization of water and opera- <br /> <br />tion of project facilities. <br /> <br />4. It may determine the preferential use of water among the states. The <br /> <br />Colorado River Compact of 1922 specifies that the use of 'vater for power produc- <br /> <br />tion shall always be suoservient to irrigation requirements. In this connection <br /> <br />provision may be made for reserving water for upstream irri~ation potentialities <br /> <br />against an earlier power installation dovmstream. It is not clear that this <br /> <br />can effectively be done through a Federal Act. Since the control of water in the <br /> <br />interest of navigation is .nthin the power of the United States Government, it <br /> <br />was possible for the Congress in the 1944 Flood Control Act to protect future <br /> <br />upstream irrigation and other consumptive uses of Nater in the Missouri Basin <br /> <br />against do~~stream navigation development. This was done through the exercise <br /> <br />of the CO~~erce clause of the Federal Constitution by placing a li~itation on <br /> <br />the water Vl'hich needed to be released from the upper irrigation states to serve <br /> <br />navigation purposes in dmlllstream states. But in the Western states the right <br /> <br />to appropriate 'later for power, as well as for other purposes, is controlled <br /> <br />by the state laws. <br />