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<br />.. <br /> <br />OOO~06 <br /> <br />-6- <br /> <br />Let the foregoing suffice for the legal basis and procedure in <br />" <br /> <br />interstate compact making. The above quotation from Frankfurter and Landis <br /> <br />leads into the broader phase of this discussion. <br /> <br />Particular attention is <br /> <br />directed to two expressions from that quotation namely: <br /> <br />liThe judicial instrument", referring to United States <br /> <br />decrees, "is too static and too sporadic for adjusting a social- <br /> <br />economic issue continuously alive in area embr~cing more than <br /> <br />half a dCl7len States." <br /> <br />"The situation compelled accom.~odation through agreement <br /> <br />for continuous control of these continuously competing interests." <br /> <br />These statements, while condemning the judicial process for adjusting <br /> <br />ir:wlved and conti,'1uoUS interstate water prOblems, at the same time indicate <br /> <br />pt\!'poses a water compact may serve and the part which it may play in unified <br /> <br />river basin development. A discussion of the matters raised by these state- <br /> <br />ments in this paper v{ill be undertaken SO as to cover the following: <br /> <br />1. The relationship between Federal, and State rights and interests <br /> <br />in water. <br /> <br />2. The interstate rights and interests. This includes those regional <br /> <br />L,terests requiring control over affairs that are projected beyond state lines <br /> <br />and yet may not call for, nor be capable of, National treatment. <br /> <br />Few, ii" any, water compacts nay be formulated Hithout considering the <br /> <br />Federal as well as the state interests. The line of demar8ation between the <br /> <br />two can seldom be clearly defined. Likewise the National and the regional <br /> <br />interests are inter-related. The authonity over the use of water and the <br /> <br />r;.ght. to control it for various purPOS'ilS, as betvreen the Federal Government <br />