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<br />compact by making it part of the states' statutory <br />law, have made the compact "binding on the <br />state and its citizens for the duration of the <br />agreement.,,52 The provisions of the compact <br />itself determine the conditions and procedures <br />for termination or amendment of the compact. A <br />later conflicting state statute cannot impair the <br />agreement and the compact takes prece- <br />dence.53 Congress, on the other hand, may enact <br />legislation which is incompatible with a compact <br />even though it had previously granted its con- <br />sent. It has, in fact, been suggested that, <br />In sum, the legal effect of Congressional <br />consent may be said to be no more than an <br />ad hoc approval by a particu lar Congress of <br />the purposes of the compact, subject to the <br />right of a later Congress to specifically <br />revoke or amend its consent or to super- <br />sede the approved compact plan by con- <br />flicting legislation.... But while this uncertain <br />tenure may seem an unsatisfactory founda- <br />tion for an interstate undertaking, it is no <br />different than the uncertainty attending any <br />Congressional legislation, which is always <br />subject to change.54 <br />The compact approach has a number of <br />general advantages over the equitable appor- <br />tionment approach, discussed with reference to <br />litigation before the United States Supreme <br />Court, as a way of resolving interstate water <br />allocation problems: <br />1. First, a compact provides certainty and a <br />framework for dealing with the compli- <br />cated questions of interstate allocation of <br />water... <br />2. Second, a compact provides increased <br />flexibility. It can provide forthe possibility <br />of future change of conditions. Judicial <br />resolutions are limited to the controversy <br />at hand. <br />3. Third, a compact can provide for expert <br />administration. The judiciary is iII-equip- <br />ped to deal with the technical issues <br />involved in interstate water manage- <br />ment. 55 <br /> <br />The Congress, however, is equally ill-equipped to <br />design and implement a comprehensive plan for <br />apportioning interstate waters. 56 <br />The advantages of the compact approach have <br />been touted by many and, in the analysis of one <br />scholar, it <br />Affords a viable and desirable institutional <br />approach to regional water problems in <br />light of the following legal and political <br />criteria[:] <br /> <br />(1) The availability and adequacy of legal and <br />administrative authority that may be ex- <br />ercised by compact. <br />2-8 <br /> <br />(2) The relative ease of creating, implement- <br />ing and altering a compact program, in- <br />cluding the ability to match function and <br />area and to respond expeditiously to <br />changing needs and conditions. <br />(3) The ability to afford and promote mean- <br />ingful public participation in planning and <br />decision-making. <br />(4) The ability to facilitate and achieve pro- <br />ductive cooperation and coordination <br />among federal, state, local and private <br />interests. <br />(5) Political accountability and responsive- <br />ness. <br />(6) The ability to establish reasonable visibil- <br />ity and to attract adequate executive <br />leadership and staff.57 <br /> <br />In addition, the fact that an interstate compact is <br />based on the voluntary agreement of the states <br />involved makes it an attractive method for <br />handling interstate water problems. <br />"[A) major criticism of compacts is that they <br />require an inordinately long time to negotiate <br />and effectuate by state ratification and Con- <br />gressional consent.',58 Delays in this regard are <br />also usually caused by specific policy controver- <br />sies. It has been suggested the principal draw- <br />back of compacts ";s the lack of commitment to <br />meaningful attack on regional water problems <br />which has traditionally characterized most <br />compact efforts, perhaps best reflected by <br />anemic grants of authority and financial <br />support.,,59 In addition, compacts suffer in differ- <br />ing degrees from "lack of appropriate enforce- <br />ment and adjudicatory powers, from interminable <br />negotiating difficulties, from lack of flexibility, <br />and from inadequate regulatory machinery.',60 In <br />short, states may prefer the compact approach <br />because it permits their active participation in <br />any agreement that is forged, without the impo- <br />sition of unwanted regulations or exaction of <br />unwilling concessions. At the same time, how- <br />ever, states have been reluctant to grant suffi- <br />cient powers and authority to a compact com- <br />mission to insure the development and imple- <br />mentation of significant water resources pro- <br />jects. <br />Another weakness of compacts that has been <br />identified is that agreements have been negoti- <br />ated "too precisely and in too much detail, with- <br />out sufficient information and study of the <br />problems involved. Moreover, compacts have not <br />provided the proper kind of administrative <br />machinery to deal with the evolving problems of a <br />basin."61 A state should be aware that when it <br />signs an interstate compact it is bound by the <br />terms of that agreement and may change or <br />repudiate the compact only in accordance with <br />