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<br />J'OO{02 <br /> <br />-2- <br /> <br />searching economic, social and political considerations, to unified project con- <br /> <br /> <br />struction and operation over vast regions comprising several states, to the <br /> <br /> <br />appraisal of benefits and assignment of financial responsibility and to National <br /> <br /> <br />water policies, What part may an interstate water compact play in meeting these <br /> <br /> <br />problems? <br /> <br /> <br />Before discussing this question may we briefly review the basic legal <br /> <br /> <br />concept and procedure involved in compact making, <br /> <br /> <br />Section 10 (2) of Article I of the Federal Constitution provides: <br /> <br /> <br />"No State shall, without the consent of Congress, .;** enter <br /> <br /> <br />into any agreement or compact with another State ,HH~", <br /> <br /> <br />This provision has been construed to mean that the Constitution authorizes <br /> <br /> <br />a state to enter into any agreement or compact with another state with .the con- <br /> <br /> <br />sent of Congress. This constitutional authority is negatively put in order to <br /> <br /> <br />express the limitation imposed upon its exercise. Under the theory of the <br /> <br /> <br />Federal Constitution only Congress may determine what arrangem~nts between States <br /> <br /> <br />come within the permissive class of "agreement or compact". The National, and <br /> <br /> <br />not merely a regional, interest maybe involved. Thus the Constitution created <br /> <br /> <br />a mechanism of control over affairs tha~ are projected beyond State lines and <br /> <br /> <br />yet may not call for, nor be capable of ;;ational treatment. <br /> <br /> <br />In practice a compact is negotiated by commissiens designated by the <br /> <br /> <br />participating states. Its binding effect on signatory states is accomplished <br /> <br /> <br />through ratification by their respective legislatures. <br /> <br /> <br />Ordinarily the consent of Congress to negotiate a comp~ct is first sought <br /> <br /> <br />by the interested states. The Congressional Act granting such consent in nearly <br /> <br /> <br />every case designates a Federal representative to serve on the compact Commission. <br />