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WSPC06339
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Last modified
1/26/2010 12:05:32 PM
Creation date
10/9/2006 5:48:04 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8272.500.10
Description
Colorado River Basin-Water Quality-Salinity-Organizations and Entities-CO Dept of Public Health-WQCC
State
CO
Basin
Colorado Mainstem
Water Division
5
Date
3/14/1980
Title
Colorado River Salinity-Water Quality Control Commission-1978 Standards-Standards and Implementation Policy Hearings-Comments on Behalf of Chevron Shale Oil Company
Water Supply Pro - Doc Type
Report/Study
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<br />., <br /> <br />. <br /> <br />. <br /> <br />More important than pinpointing the exact nature of a compact is to deter- <br />mine what effect Congressional approval has on a compact. When two or more <br />states undertake to solve a common problem by agreement by virtue of the Com- <br />pact Clause of the United States Constitution, they must receive the approval of <br />Congress beCare any such agreement can be effective. Does that approval <br />constitute the last word that Congress may have in the matter~ Does it make <br />Congress akin to a signatory party or does it make Congress the final decision <br />maker? Is it possible for Congress to later withdraw its approval? The ans.wer may <br />depend upon the subject matter of the compact itself. <br />An ordinary statute enacted by Congress is the law of the land so long as it <br />is not repealed or superceded by a later act or Congress or ruled unconstitutional <br />by a court. That is, in the case of ordinary enactments. the law may change as <br />often as Congress sees fit. An interstate compact is not a mere creature of <br />Congress, even though Congress must act to give its consent ~o effectuate a com- <br />pact. An interstate compac,t is more like a contract, in that (t: represents the <br />voluntary agreement of two or more states to the disposition of B. matter which <br />woui~ alternatively be settled through litigation. tn order to have any p~xyose, an <br />inters.tate compact must be binding on the signatory parties as a contract would be. <br />If this were not the case, then a compact could be altered at the whim of any party <br />state or Congress and there would be no incentive for the states to negotiate an <br />agreement as an alternative to litigation. <br />This is true especially in a case such as is presented here with respect to the <br />Colorado River Compact and Upper Colorado River Basin Compact. Water rights <br />have been held to be property rights by the courts of the respective basin states, <br />Strickler Y. Colorado Springs, 16 Colo. 61, 26 P.313 (189t); Frank v. Hicks, 4 Wyo. <br />502,35 P. 475 (1894); Fisher v. Bountiful City, 21 Utah 29, 59 P. 520 (1899); Ormsby <br />County v. Kearney, 37 Ney. 314,142 P. 803 (1914); Stanislaus Water Co. v. Bachman, <br />152 Cal 716, 93 P. 858 (1908); Clodfelter Y. Reynolds, 68 N.;1. 61, 358 P.2d 626 (196t); <br />Hamblin v. Woolley, 64 Ariz. 152, 167 P.2d 100 (1948); and by the U. S. Supreme <br />Court, Hinderlider v. La Plata River &- Cherry Creek Ditch Co., supra. The manner <br />in which these property rights are acquired or conveyed differs in each state and is <br />governed by the respective state law. The property nature of water rights makes <br />the Colorado River interstate compacts similar to boundary compacts in that the <br /> <br />-10- <br />
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