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<br />ARKANSAS RIVER COMPACT
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<br />45
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<br />Mr. MURDOOK. I think that none of us want to pay that price.
<br />General KRAMER. I do not think we do either. I think that is the
<br />explanation.
<br />Mr. MURDOOK: Mr. Miiier, did you have a question!
<br />Mr. MILLER. I want to ask a question concerning section 2, page 21,
<br />which reads as follows:
<br />
<br />Nothing contained in this Act or in the compact herein consented to shall be
<br />cODfltrued as impairing or affecting the sovereignty of the United States or any
<br />of its rights or jurisdiction in and over the area or waters which are the subject
<br />of such compact.
<br />
<br />Would :you care to comment on that! Is that due to the Supreme
<br />Court deCision which indicates that the United States has control of
<br />all waters that can be navigated!
<br />General KRAMER. In a sense it relates to that. But there is a little
<br />more than that behind it.
<br />As has been pointed out by previous witnesses, the John Martin
<br />project is, in effect, the key structure in. the implementation of this
<br />compact. That key structure, however, IS under the sole control and
<br />jurisdiction of a Federal agency, the Corps of Engineers.
<br />An interstate compact-and I am advised by competent legal au-
<br />thority-does not involve the United States as a party. In other
<br />words, the consent of Congress under the Constitution does not make'
<br />the Ullited States a signatory party to the compact. It was felt,
<br />therefore, that some means had to be found to deal with the United
<br />States.
<br />And). I may say that that feeling emanated not primarily from the
<br />State lJommIssioners, but from the Office of the Chief of Engineers.
<br />They did not want to be si!(natory to this compact, but they recognized
<br />that the compact must make explicit recognition of the function and
<br />relationship of the Federal Government and specifically the Corps of
<br />Engineers l,ll the operation of the compact.
<br />So, the langua~e to which you refer, Mr. Miller, was explicitly sug-
<br />lI:ested by the ChIef of E,:gineers and it was at his specific suggestion
<br />tllat It was adopted and Incorporated.
<br />I may say that the first part of that language stems from a previous
<br />compact, ilamely a compact between the States in the OhIO River
<br />Basin which was approved by the Congress in 1940, so that lan-
<br />guage rests upon precedent.
<br />Mr. .MILLER. Yes. Thank you.
<br />Mr. MURDOCK. Governor Miles!
<br />Mr. MILES. General Kramer, in your deliberation and observa-
<br />tion in this body in forming this compact, if this Congress should
<br />enact this bill into a law, would you say that the water from New
<br />Mexico would retaifI the right to be protected!
<br />General KRAER. I say tliIS unqualifiedly; yes.
<br />I might amplify that briefly, if I may, Governor.
<br />That question has been asked of these witnesses. Having been
<br />a resident of your State quite actively for 4 years, I was well aware
<br />that somebody in New Mexico would be interested in that question.
<br />In the consideration of that matter, by the Commission, there was
<br />some thought on the part of the Commissioners that perhaps the
<br />compact should remain silent on the subject. It was my feeling,
<br />
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