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<br />CtiZH9 <br /> <br />"Eaoh State i8 subjeot only to the limitations pr8soribed by the Constitu- <br />tion and within 'its awn territory is otherwise supreme. Its Internal affairs <br />are matters of its own disoretion." (Id., 454.) <br /> <br />"The powers affeoting the internal affairs of the States not granted to the <br />United States by the Constitution, nor prohibited by it to the States, are <br />reserved to the States respeotively, and all powers of a national oharaoter whioh <br />are not delegated to the National Government by the Constitution are reserved to <br />the people of the United States." (Justioe Brewer in Kansas v. Colorado, 206 <br />U. So; 46, 90.) <br /> <br />oj <br /> <br />In the oase of Kansas v. ColoradO, last above oited, the United States inter- <br />vened, in effeot olaiming national oontrol of the water8 of Western streams to <br />be administered under the dootrine of prior appropriation. In answer to the <br />primary question of national oontrol, regardless of the right8 of the states, <br />inter sese, Justioe Brewer, after observing that the United States had an interest <br />in the publio lands within the Western States and might legislate for their reola- <br />mation, subjeot to State laws, thus disposed of the olaim of national oontrol of <br />Western interstate streamsl <br /> <br />~ <br /> <br />"Turning to the enumeration of the powers granted to Congress by the eighth <br />seotion of the first artiole of the Constitution, it is enough to say that no one <br />of them by any implioation refers to the reolamation of arid land. * * * No <br />independent and W1lIlentioned power passes to the National Government or oe.n r ight- <br />fully be sxeroised by the Congress. * * * But it is useless to pursue the in- <br />quiry further in this direotion. It is enough for the purpose of this oase that <br />eaoh State has full jurisdiotion over the lands within its borders, inoluding the <br />beds of streams and other waters. (Citing oases)., * * * It may determine for <br />itself whether the oammon law rule in respeot to riparian rights or that doctrine <br />whioh obtains in the arid regions of the West of the appropriation of waters for <br />the purposes of irrigation shall oontrol. Congress oall not enforoe either rule <br />upon any State. * * * One oardinal rule, underlying all the relations of the <br />States to eaoh other, is that of the equality of right. Eaoh State stand8 on the <br />same level with all the rest. It oan impose its own legi81ation on no one of the <br />other8, and is bound to yield its own views to none." (Kansas v. ColoradO, 206 <br />U. S" 46, 87-97.) <br /> <br />~ <br />, <br />. <br /> <br />In oonoluding the above deoision, the Supreme Court dismissed the oase with- <br />out prejudioe to the right of Kansas to institute new prooeedings, "whenever it <br />8hall appear that through a material inorease in the depletion of the waters of <br />the Arkansas by Colorado * * * the substantial interests of Kansas are being in- <br />jured to the extent of destroying the equitable apportionment of the benefits be- <br />tween the two States resulting from the flow of the river." (206 U. S., 46, 117.) <br /> <br />(Notel Sinoe the foregoing memorandum was written the U. S. Supreme Court <br />deoided, in Wyoming v. Colorado, that in oases between two States both of whioh <br />reoognize the dootrine of prior appropriation as a matter of looal law, the Court <br />will apply the fundamental prinoiples of the dootrine in the allooation of the <br />waters of a river oommon to the two States and will so apportion the dependable <br />average annual flow between the State8 that the older established uses in both <br />States will reoeive first proteotion. The dootrine so announoed leaves the <br />Western States to a rivalry and a oontest of speed for future development. The <br /> <br />-9- <br />