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n{'l106t- 4~,'J ... ,) ARKANSAS RIVER COMPACT and I take full responsibility for having influenced the judgment ,of the Commissioners, that the compact should not be silent, but should make an explicit statement recognizing the existiug state of affairs and the physical condition in appropriate legal language. The compacting party, Colorado and Kansas, could not, under the terms of the act of Congress, have New Mexico join in the interstate compact. Nonetheless, I felt it was al?propriate to, give recognition to that little area in, the headwaters III explicit terms in the compact, and it was my intent and likewise it was expressed by all the Commis- sioners who testified that that assertion in the compact fully pro- tects New Mexico and is not intended to give Colorado and Kansas , under this compact any right to that water that belongs to New Mexico, whatever those rights may be. The term "if any" to my mind refers to the fact that those rights mayor may not now be determined. They may remain to be deter- mined. I am not so sure there are auy legal filings up there in those headwaters. Whatever those rights may be under the laws of New Mexico they are respected by this compact. Mr. MILES. Thank you. ' Mr. MURDOOK. Might I, make this statement: I have observed that Governor Mile$ has asked that same question of ..11 the, witnesses and very rightly so. It evinces our tremendous interest in, every drop of water pertaining to our respective States, and I have found too that the Commission has done a nice piece of work in protecting this even though it was overcautious as the Judge said, in this way. Mr. MARSHALL. It is yonr opinion that if H. R. 4151 is to be enacted into law, that it would enconrage the use of the water for purposes of irrigation Y Genenl KRAMER. It would enable the better use of water for irri- gation; yes, sir" Mr. MARSHALL. Which would in turn encourage the 'use of the water! General KRAMER. The water is actually being used catch-as-catch- can now. Mr. MARSHALL. That is the basis for my next question. If the use of that water is encouraged for irrigation purposes, it would almost invariably follow that it would have some effect upon flood control for the States downstream; is that right Y , General KRAMER. Technically, th..t is right; practically, the ques- tion is moot in that even under existing conditIons practically none of the water ever gets to the downstream States. The river practic..lly dries up at Garden City. ' I think one witness here testified that the phy~ical charact,eristics of the Arkansas are peculiar. It becomes a new river below Garden City. The water is almost completely consumed by existing users in the upper regions, and the nature of thebed of the Arkansas from Garden City eastward for the next stretch to the vicinity of Great Bend is such that even ordinary run-off dis..ppears in the bed of the river.. So that the lower Arkansas is really a new river. It is not .. continuous river in the normal concept ofa flowing stre..m. 'Mr. MARSHALL. You would not say, then, that the lower States would be interested i1i.this compact from the standpoint of flood-con- trol use! ",,;,j ."