Laserfiche WebLink
<br />. <br /> <br />. <br /> <br />Were these interstate compacts allocating the waters of the Colorado River <br /> <br />terminable or amendable at the plaasure of one state or unilaterally by Congress, <br /> <br /> <br />the allocation and appropriation of these waters would be chaotic. As a practical <br /> <br />matter, it would be impossible for water users to obtain the necessary financial <br /> <br /> <br />support to develop the basin land for agriculture. .Cities would not invest in <br /> <br /> <br />expensive water works to carry water which might or might not be available for <br /> <br /> <br />use. Industries would be unwilling to invest without assurance of water supplies for <br /> <br /> <br />~otabl~ and industrial purposes. There would, in fact, be no reason for any state to <br /> <br /> <br />follow the provisions of the compact if the compacts vest no actual rights. Finally, <br /> <br /> <br />there would be no incentive for the states here or in similar situations to settle <br /> <br />. disputes by means of interstate compacts. The alternative. to settling disputes <br /> <br /> <br />among states by compact is litigating the issues. Litigation is a costly and time <br /> <br /> <br />consuming process, but the decree of the Supreme Court would provide a solution <br /> <br /> <br />to the dispute that could not be changed by the unilateral act of one state or <br /> <br /> <br />Congress. Litigation would therefore be preferable to compact .if a compact such <br /> <br />'. <br /> <br />as the ones at issue may beunileterally altered by Congress. <br /> <br />The logical conclusion (rom the Rhode Island v. Maryland case. supra, is that <br /> <br /> <br />the only power which extends to the federal government by virtue of the compact <br /> <br />clause is the power to consent to an interstate campaet, and, not the power to later <br /> <br />alter, repeal or amend it. This is true because of the basic pr,ecept of our federal <br /> <br /> <br />government system that the thirteen original colonies came together voluntarily as <br /> <br /> <br />sovereigns to unite as the United States or America. To the federal government <br /> <br /> <br />each state relinquished certain powers and authority. In all other respects the <br /> <br /> <br />states remained sovereign in their control over matters within each ~tate, as <br /> <br /> <br />recognized by the 10th Amendment to the United States Constitution. Since the <br /> <br />power to relleal eonsent to a compact between states is not specifieally granted to <br /> <br /> <br />Congress by the Compact Clause, and since the reason for CClngressional eonsent <br /> <br /> <br />has always been to insure that the states do not infringe upon the powers and <br /> <br />responsibilities of Congress, then the effect of such consent is simply to restore the <br /> <br />states to the position they would have occupied as sovereigns absent the grant of <br /> <br />authority to Congress in the Constitution. <br /> <br />'12- <br />