WSP03052

• File Number: 8143.600.30A
• Description: John Martin Reservoir - Other Studies
• State: CO
• Basin: Arkansas
• Water Division: 2
• Date: 2/1/1944
• Title: Plan for Operation of Caddoa Project and Administration of Rights in Arkansas River
• Water Supply Pro - Doc Type: Report/Study

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THE OPINION

1. ReI Interstate Relations (Cont'd)

administration rather than judicial imposition of a hard and fast rule.

Ccnmenting that such controversies may appropriately be composed by nego-

tiation and agreement, pursuant to the compact clause of the Federal Con-

stitution, the Court said of this case that such mutual aooommodation and

agreement should, if possi ble, be the medium of settlement, instead of the

invooation of the Court's adjudicatory power.

With respect to the interstate oompact suggested by the Court,

considerable time may elapse, perhaps several years, before such a compact

can be negotiated by conunissioners to be appointed by each State, - prob-

ably also involving an Aot of Congress to provide Federal representation, -

and be ratified by the Legislatures cf both States and approved by Con-

gress. In the meantime there is need for a definite plan under which to

function during the war and until interstate relations may be defined by

compact. . And there is an immediate need, whioh will oontinue regardless

of such a oompact, for understandings among Colorado vater users and offi-

cials regarding local operations and relations.

It rray here be noted that rights of !Cansas in the waters of the

Arkansas River were recognized in the earlier (1907) decision, and, though

not specifically defined then or in the recent Opinion, were again reco@;"'

,

nized by the suggestion made by the Court of defining interstate rela-

tions by means of a oompact.