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~ ,,, 000388 Interstate Water Compacts and Their Relation to Basin Development by Royce J. Tipton Volumes have been ~Titten on interstate compacts. The best reference that I know of concerning the subject is "Interstate Compacts - A Compilation of Articles and Documents including a Bibliography - 1946" prepared by the Colorado .fater Conservation Board. So far as I am aware, all or most of the articles here- ~ofore prepared have had to do v~th the fundamental principles on which compacts can js negotiated, and legal phases of various compacts. The purpose of my presentatior. is to indicate how water use problems among states and between countries have been resolved by interstate compacts and international water treaties under the terms of ,vhich river basin developments have been able to proceed. I shall cite specific examples of works already constructed to develop the common water supplies of two or more states or two countries, projects authorized for construction, and projects ~roposed for construction. In my discussion I shall also indicate the manner in which compacts have relieved tension between states, brought about comity, and resulted in good strong working organizations which not only cooperate with relevant a<o;encies to oring about logical basin development, but administer the terms of compacts in a manner which is beneficial to all parties. Before embarking upon the substance of the true title of my presenta- tion, I believe it is desirable to point out some of the principles underlying the negotiation of interstate compacts with respect to the use of water. The United States consists of a number of quasi-sovereign stQtes with <,ndependent state governments. The only powers which the federal government has are powers delegated to it by tf1e states. Those >rho framed the Constitution of the United States were foresighted enouf'h to visualize conflicts between states and to foresee that the logical method of resolving those conflicts was by the making of compacts. The Constitution therefore gave to the states the right to enter into agreements among themselves, providing the consent of the Congress be obtained. This provision is often misunderstood, some considering that "hen Congress gives its consent to the compact it approves the terms of the compact. 'Ihis is not true. The consent of the Congress is for the purpose of eliminating the constitutional inhibi- tion for states to enter into agreements. unless they do have the consent of the Congress. The idea of interstate compacts is not new. Many compacts have been consummated concerning state boundaries, fisheries, navigation, easements and other matters. Some of these compacts date from colonial times. Most of the streams of western United States, all of which are exceed- ingly important from the standpoint of consumptive use purposes to produce basic wealth in the form of food and fibers, and many of '.,hich are being used, and will be used, for the purpose of generating hydroelectric energy, are interstate in character.