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<br />o ~: 1241 ARKANSAS RIVER COMPACT <br /> <br />23 <br /> <br />beg'un to realize rrom expressions' or the Supreme Court and '?t~er <br />interstate water cases and they prererred not to make any dIVISIOn <br />or waters by decrees. <br />This did not require us to enter into a compact. <br />Here is the language if you are interested. . <br />Mr. MILLER. I would like to hear the language. <br />Mr. VIDAL (reading) : <br />The reason for judicial caution in adjudicating the relative rights. of States in <br />such cases Is tbat, while we have jurisdiction of such disputes, they involve the <br />interests of quasi-sovereigns, ,present .complicated and delicate questions, and <br />due to the possib1l1ty ot future change of conditions, necessitate expert admin~ <br />istration rather than Judicial Impo.sition of a hard and fast rule. Such con- <br />troversies may appropriately be composed by negotiation and agreement) pursuant <br />to the compact clause of the Federal Constitution. We say of this case, as the <br />UOUl't has said of interstate ditrerences of like nature, that such mutual aCCOll1mo.. <br />dation and agreement should, if possible, be the medium of settlement, instead <br />of invocation of our adjudicatory 'power. <br />Mr. MILLER. I think that is fine. <br />Then, do I understand, Mr. Vidal, that because or that decision the <br />States or Kansas ondColorado entered into this negotiation to devalop <br />this compact that is presently berore us, and that it was approved <br />unanimously by both branches or the State legislature, and WIth only <br />five dissenting votes in the House or Representatives of Colorado, and <br />that this is the approved negotiation 1 <br />Mr. VIDAL. We really gave this apparently more time. <br />Mr. MILLER. I just have one more question. <br />Mr. VIDAL. We gave this more time than would seem to be war- <br />ranted, but we have considerable difficulties among ourselves in Colo- <br />rado. It is a tremendous matter in Colorado. It is the lire or the <br />valley in Colorado. . <br />My experience in irrigation matters in Colorado has taught me that <br />perhaps human selfishness manifests itself more. People will steal <br />water when they will not steal anything else. <br />Mr. MILLER. I think that is true. . <br />We might hold this up, Mr. Vidal as the shining example, and with <br />a little hope in our hearts that maybe Arizona and California might <br />go back home and do likewise and settle their problem, if that were <br />possible. <br />There is one other question I have. 'I notice on page' 22 or the bill- <br />I ,am not sure whether you want to discuss the bill or not; this does not <br />need to be answered now, except that I want someone rrom the Depart- <br />ment to answer it at the proper time. These words are on that page <br />[reading] : <br />Provided, That the Ohief of Engineers is hereby authorized to operate the conser...: <br />vation features of the John Martin Reservoir project in a manner conforming <br />to such compact with such exceptions as he and the Adtninistration created <br />pursuant to the compact lllay jointly approve. <br />If Mr. Vidai is not ready to answer that, I want to explore it just <br />a bit more with someone in the group who may be able to give me all <br />or the implications of that prOVIsion. ' <br />Mr. VIDAL. That provisl,'on was inserted pursuant to the request of <br />the War Department Corps of Engineers. Perhaps the Federal <br />representative m!'J: be b~tter qualified to answer ~t, but it. was a JOtll~tter <br />of practICal admInIstratIOn. The Corps of Engmeers WIll admmIster <br /> <br /> <br />'"., <br /> <br />~" '., <br /> <br />