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<br />lJOGZl5 <br /> <br />-34- <br /> <br />\ <br /> <br />respecting the use and distrihution of the waters of interstate streams <br />for i rrignti on and ot her benefici a 1 purpo ses, he s not been e.v~11ed of. <br />The richt of adjoini ng States to the use and benefit of the waters of <br />the streams cOllJJ1on to both States has been considered by the court in <br />the case of Kansas v. Colorado (185 u.s. 125; 206 U.S. 46), in which <br />caoe it was held that the respective States were each entitled to an <br />equi table porti on of the waters of the common ri. ver, the e ;<tent of the <br />use in each State to ne detennined upon the facts and circumstances of <br />each particular case, <br /> <br />In the above-mentioned case the right of the United States to the <br />use of the waters of the western s'oreams was also considered and deter- <br />mined (pp. 81-93). <br /> <br />An equitable apportionment or allocation of the use and distri- <br />bution of western interstate streams may be best accomplished through <br />the efforts of the States represented hy commissioners fully aoquainted <br />with the facts and the surrounding conditions, as well as with the future <br />possibilities of water utilizrtion "pon the streams, <br /> <br />Principles of international law are applice.ble to the use and dis- <br />tribution of interstate streams, and as regards compacts between the <br />States. "the rule of deoision is not to te collected from the deoisions <br />of either State, but is one, if We may so speak, of an international <br />character." (Marlett v. Silk, 11 Pet., 1, 23). <br /> <br />The rights of the nation in whose territo~ an international stream <br />has its rise to the me and benefit of its waters for the development <br />of the territory, irrespective of the effect upon the territory of a <br />lower nation through which the stream passes on its way to the sea, were <br />fully considered by Attorney General Judson Harmon, with respeot to the <br />claims made by the Republic of Mexico to damage by depletion of the <br />waters of the Rio Grande, occasioned hy uses in the United States, After <br />exhaustive consideration of the various authorities upon the subject, he <br />arrived at the conclusion that, while the United States had the right <br />to utilize the entire fl(l'/ of the Hio Grande in the necessary reclamation <br />of t he land s near the source of the stream, and whi le "precedents of <br />international law imposed no liability or obligation upon the United <br />States" to permit any of the water of the stream to flow to E1 Paso, <br />nevertheless, he advised that the matter be treated as one of policy and <br />settled by treaty with tlexioo, (21 Ops. Atty. Ge-" 274, 280-283). <br /> <br />It is s"fe to predict that most of the past controversies respect- <br />ing the waters of western interstate streams could have been avoided hod <br />the matters in dispute been fir st submitted to co:npetent compact com- <br />missioners, Friction between the Federal departments and the State <br />authori ties should be avoided by proper compe.ots between the States <br />before construction proceeds upon rivers where such controversies may arise. <br />