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<br />( <br /> <br />r' <br />\ <br /> <br />APPENDIX NO. 1 <br /> <br />EXCERPTS <br /> <br />Hcarinp,s on !l.R. 4485 <br />Before ^ Suhco~~ittec on Flood Control <br />of the Senate Com:!1i ttee on Corunerce, <br />78th Conp,., 2d Sess. (194~) <br /> <br />Governor ll. Q. Sharpe of South Dakota at p. 1,69: <br /> <br />" .. The main controversies on the subject to date seem to <br />involve'allegedly conflicting interests of navigation and irrigation, <br />each of \-Ihich appnrently desires to be recognized as the paramount <br />interest in all or some sections of the llissouri Valley. There is <br />also some assertion of State's rir.hts, to determine, independent <br />of the National Government, I-lhat each separnte Stnte may do with <br />all the water in any interstate stream flm-dng \-lithin its boundaries. <br />It seems plain that to give pract:Lcable cffect to this 'latter theory <br />Congress ..'Culd have to give up 'completely its constitutional <br />jurisdiction oVer' interstnte waterborne com:ncrce nnd its policy of <br />flood control and other improvements on intersta te streams. \'fuile <br />there seems to be so:oe grO\,ing popularity in the idea of a more <br />aggressive assertion of ri[',hts bv the several States, and "hile the <br />idea ",ny have some justificntion'in certnin matters, the fnct reMains <br />th~t the.re are certc::!.in branches of. Goverrul\ent and ndministration <br />which have to be controlled by the parar.lOunt authority of the Nation' <br />u!ld~:. its Constit.ution, ~nd it seems alr.lOst too plain for arguI;tcnt <br />that one: of these must be intcrstatE'..! strcnTI1s. . . ." <br /> <br />Overton-Sharpe Colloq~y' nt Pl'. 1,32-3: <br /> <br />"Senator Overton. Governor, I assume from your statement that <br />you ni1l"c'.c \,~ith Tile that the Fc.cler.ql GOVcxn::lcnt cannot delegate its <br />constitutional pm..rcrs to the different States. <br /> <br />"Governor Sharpe. That is rip,ht. <br /> <br />"Senator Overton. It cannot say, 'NOI', you shall control this one.' <br /> <br />"Covernor Sharpe. Yes.. <br /> <br />"Senator Overton. It has no authority to do it. It could not <br />delep,ote th"t "uthority. Furthernorc, 1 1-lant to as1; vou elf this <br />"Tould. be dC$irnhle. The :-tissouri is a f;i'cat interstate strp.2n, it <br />is a ~rcat nation<11 strc.D.I7:. Its \-Jatcr8 arise over there in the He.st, <br />and it c~lptic5 into thp.. Gulf of ~l~xico dQ;.}:1 below lle.] Orleans. and <br />along the :'lississi.ppi. It ha" its influence on "limy SUItes. It has <br />its :i,nflllCl1CC, in fnct, throughout the '\'Ihole ~lisd,ssippi Valley, and <br />it can be utilized, for instance, for nav.l~~ati()n purposes throughout <br />the \,'hole l-lississippi Vnlley, a'nd its W<lters "ffcct so mony different <br />State~;; should it not as. n I;wtter of policy be under Feder.:!l control <br /> <br />!-I <br />