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<br />. <br /> <br />. <br /> <br />. effect on salinity concentration downstream. Since virtually any diversion would <br /> <br /> <br />have the effect of adding to salini.ty concentration to the extent of consumptive <br /> <br />use of that water, it would be possible for EP A to totally curtail further use and <br />development or compact apportioned waters by setting and enforcing salinity levels <br />for each state based u!;)on 1972 standards. While salinity levels have also been set <br /> <br />under the policy adopted in the Salinity Control Act of 1974 they do not have this <br /> <br /> <br />effect since in the 1974 Act salinity control is treated as a basinwide problem <br /> <br /> <br />rather than an individual state problem. tn addition, the 1974 Act specifically <br /> <br />recognizes that development of compact apportioned waters should continue. <br /> <br />Defendant-intervenors seek to have this Court dismiss this action on the <br /> <br />grounds that the Colorado River Compact, Up[>er Colorado River Basin Compact <br /> <br /> <br />and the Colorado River Basin Salinity Control Act of 1974 control the issue of <br /> <br /> <br />salinity in the Colorado River and preclude any relief which would in any manner <br /> <br /> <br />l?reclude the full use and development of the Colorado River waters as provided for <br /> <br /> <br />by agreement of the basin states and Congress through the two Colorado River <br /> <br /> <br />System Compacts. <br /> <br />HISTORY OF INTERSTATE COMPACTS <br /> <br />IN THE UNITED STATES __ <br /> <br />Interstate agreements or compacts predate the Constitution of the United <br /> <br /> <br />States. Early in the colonization period of the country, colonies negotiated agree- <br /> <br /> <br />ments with respect to the determination of boundary lin~. These agreements, <br /> <br /> <br />consented to by the English Crown, prOVided an amicable alternative to hostile <br /> <br /> <br />disputes between neighboring colonies. At the time the Constitution was drafted, <br /> <br />continuance of this compact system was provided for, with consent of Congress <br /> <br />substituted for that of the Crown, in Article 1, Section la, Clause 3: <br /> <br />IINo State shall, without the Consent of Congress <br />. . . enter into any Agreement or Compact with another <br />State or with a foreign Power ..." <br /> <br />Over the years the Com~act Clause has allowed states to settle disputes and <br /> <br />prov:de for joint jurisdiction over not only boundaries, but also the operation of <br /> <br />rivers, pollution control, land use planning and criminal detention. <br /> <br />-3- <br /> <br />1434 <br />