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WSPC05751
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Last modified
7/29/2009 10:18:09 AM
Creation date
10/9/2006 5:29:10 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8044
Description
Section "D" General Studies - Compacts - General Writings
State
CO
Date
7/20/1950
Author
Clifford H Stone
Title
Platte River Evaluation: USBR - Interstate Compacts - Before the Missouri Basin Inter-Agency Committee
Water Supply Pro - Doc Type
Report/Study
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<br />p., <br /> <br /> <br />Q009S~ <br /> <br />The binding effect of a compact on a signatory State is accomplished <br /> <br /> <br />through ratification by its legislature. In practice, a compact is negotiated <br /> <br /> <br />by commissioners designated by the participating states. <br /> <br /> <br />Although this paper will be devoted to the adjustment by compact of <br /> <br /> <br />matters which concern the water resource, it may be well to point out that inter- <br /> <br /> <br />state compacts have been used for the follo1>ing purposes: <br /> <br /> <br />Boundaries and cessions of territory; control and improvement of naviga- <br /> <br /> <br />tion; penal jurisdiction; uniformity of legislation; interstate accounting; con- <br /> <br /> <br />servation of natural resources; utility regulations; and taxation. <br /> <br /> <br />The validity of a compact on water, particularly where its terms and <br /> <br /> <br />enforcement may conflict with water rights under State law, was upheld in 1937 <br /> <br /> <br />by the Supreme Court of the United States in the case of Hinderlider et al v. <br /> <br /> <br />La Plata River and Cherry Creek Ditch Company (302 U. s. 646). In that case the <br /> <br /> <br />Court held that adjustment of controversial rights and the use of water may be <br /> <br /> <br />made by compact without a judicial or quasi-judicial determination of existing <br /> <br /> <br />rights, as well as by suit in the Supreme Court. In commenting upon the appor- <br /> <br /> <br />tionment of water of the La Plata River made by the compact between Colorado and <br /> <br /> <br />New Mexico, the Court held that such apportionment is binding upon the citizens <br /> <br /> <br />of each State and upon all water claimants even where the State had previously <br /> <br /> <br />granted water rights. This holding was based upon the theory, expressed by the <br /> <br /> <br />Court, that no claimant has any right greater than the equitable share of the <br /> <br /> <br />water of an interstate stream, to which the State is entitled. <br /> <br /> <br />The Supreme Court of the United States has frequently recommended that <br /> <br /> <br />interstate water controversies be adjusted by compact in order to avoid the <br /> <br /> <br />difficulties incident to litigation. Experience in litigation before the <br /> <br />-2- <br />
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