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<br />., <br /> <br />3. By the Flood control Act of 1944 (58 Stat. 888), Congress <br />approved a comprehensive plan for development of the waters of the <br />Missouri River Basin as set forth in House Document 475, Senate <br />Document 191 and Senate Document 247 to be undertaken by the <br />Department of War (Army) (Corps of Engineers) and the Department <br />of the Interior (Bureau of Reclamation) pursuant to the respective <br />general policy enactments by congress governing the activities of <br />these federal agencies and certain specific modifying provisions <br />contained in the 1944 Act itself, among the latter being the <br />following: <br /> <br />a. Recognition of ". . the interests and rights of <br />the States in determining the development of the water- <br />sheds within their borders and likewise their <br />interests and rights in water utilization and <br />control, as herein authorized to preserve and <br />protect to the fullest possible extent established <br />and potential uses, for all purposes, of the <br />Nation's rivers;. ." (enacting clause), and <br />procedures whereby this policy of the Congress is <br />to be accomplished for portions (units or projects) <br />of the comprehensive development plan proposed by <br />federal agencies (Sec. l(a), Sec. l(c)); <br /> <br />b. provisions whereby Congress established constraints <br />upon application of its federal "navigation <br />servitude" under the Commerce Clause of the <br />Constitution of the united States by providing <br />tha t "'I'he use for navigation, in connection with <br />the operation and maintenance of such works herein <br />authorized for construction, of waters arising in <br />States lying wholly or partly west of the ninety- <br />eighth meridian shall be only such use as does <br />not conflict with any beneficial consumptive use, <br />present or future, in States lying wholly or partly <br />west of the ninety-eighth meridian, of such waters <br />for domestic, municipal, stock water, irrigation, <br />mining, or industrial purposes." (sec. lIb)). <br /> <br />3. In the Flood Control Act of 1944 and subsequent project <br />authorization acts, congress exercised its supreme control over <br />the interstate and navigable streams in the Missouri River Basin <br />for federal purposes, but excluded from exercising such control <br />over water supplies in the Missouri River Basin to the extent <br />specified in Sec. lIb), thereby leaving the excluded waters for <br />control by the States pursuant to respective State laws. <br /> <br />4. What may be determined concerning M and I (municipal, <br />industrial) or irrigation water uses under provisions of Sec. lIb) <br /> <br />2. <br />