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<br />" <br /> <br />000403 <br /> <br />-3- <br /> <br />~fter the compact is negotiated and ratified by the signatory states, it must <br /> <br /> <br />be sent to Congress to determine whether it constitutes such an arrangement be- <br /> <br />tween states as comes within the permissive class of "agreement or compact" <br /> <br />under the constitution. Favorable action by the Congress on this question does <br /> <br />not bind the Federal government to the terms of the compact but merely removes <br /> <br /> <br />constitutional inhibition against states entering into agreements or compacts. <br /> <br />The United States may be bound to the terms of an interstate compact by a pro- <br /> <br />vision contained in the compact that the ratification of the signatory states is <br /> <br />binding on condition that Congress in granting its consent shall pass legislation <br /> <br />expressly binding the United States to designated cmnpact terms. This method <br /> <br />was employed in the compact between Colorado, Kansas and Nebraska in the <br /> <br />Republican River Compact. <br /> <br />States may enter into a compact without first obtaining the consent of <br /> <br />Congress to negotiate. In that event, the necessary subsequent Congressional <br /> <br />approval of the compact arrangement between the signato~J st~tes as not violating <br /> <br />the constitutional inhibition implies previous consent, <br /> <br />The idea expressed in a recent report that ratification of an interstate <br /> <br />compact by a signatory state might well be accomplished through an election by <br /> <br />affected water users, organi~ed into districts, is without any legal basis <br /> <br />whatsoever in our dual (Federal and State) form of government. The Federal <br /> <br />constitution authori~es a state, not groups .tithin a state, to enter into a <br /> <br />compact with another state vnth the consent of Congress, The state in performing <br /> <br />such a function acts as a quasi-sovereign, and its cmrrnitments thus made express <br />of <br />the wilutand bind all of its citizens. In this matter the intereBts of the <br /> <br />entire state and all of its citizens, not that of a particular s\,gment. of its <br /> <br />people, are involved. <br />