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WSP05764
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Last modified
1/26/2010 2:19:47 PM
Creation date
10/12/2006 1:15:40 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
2100
Description
Laws-Acts-Policy Rulings Affecting CWCB and Colorado Water - Federal
State
CO
Basin
Statewide
Date
6/4/1921
Author
Delph E Carpenter
Title
Statement of Delph E Carpenter - 06-04-21 - Before the Committee on the Judiciary - House of Representatives - RE-HR 6821
Water Supply Pro - Doc Type
Report/Study
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<br />OJ1l2l6 <br /> <br />-35- <br /> <br />, <br /> <br />1')-,e Colorado ,:iver is still "youn(\," us regards utilization of its <br />water supply. Conditions look to enormous devel'pment during the next <br />quarter of a century. NAture facilitetes an easy allocation Dnd settle- <br />ment of nIl matters pertaining to the future uti lization cf the ,,"ters <br />of this stream, if means to thot end nre taken prior to further construc- <br />tion and before friction develops. All apprehension to interference with <br />the grpd ual and necessary future development upon the upper reaches of <br />the stream by reason of earl ier construction of enormous works on the <br />lower river may be avoided by co:npact and agreement entered into prior <br />to any future construction. <br /> <br />'\ <br /> <br />In fact, settlement of possible interstate controversies by inter- <br />state cOl'1pacts is recommended by the United Stutes Supreme Court. <br />(Lcsnington v. Oregcn, 214 U.S, 205, 2Hl). <br /> <br />COhPJ,CT BY "JOHIT COJ-il'1ISSION" B3'1'W3L:;N STJ.'fES 1-NO UNITED ST'T=:S <br /> <br />In another section we observe that the States, with consent of <br />Congress, h"".e full powers to make cor:p"_cts with each other. Treaties <br />between St"tes ere designpted as p_greements or compacts. (Art. I, sec- <br />tion 10, par. 3, Constitution). <br /> <br />The United St::tec, in too exercise of its sovereign powers, may <br />enter into compacts or agreements with one or more of the States, act- <br />ing in their sovereign capacities, <br /> <br />The usual r.lethod of formu1ati ng sueh compacts or agreements, either <br />between the States or betweon the Stdes and the United States is through <br />the instrumentality of joint commissions hereunto duly constituted by <br />legislative enactments and appointment by the executives of the State or <br />the States and of the Nation. Such joint commit..:ions are in all respects <br />similar tc the joint commissions constituted by separate Gcvernments <br />for formulation of treaties between independent nations. The term does <br />ncrt refer to a joint commission consisting only of members of one <br />sovereignty and creoted by joint action of two or more legislative <br />branChes, but refers to thet chcrocter of commission formed by two inde- <br />pendent powers for the purpose of joint fiction to a common end. <br /> <br />Of the avai lable ex amp 1es of sett 1ements of controver sie s between <br />the United States and one or more of the States thr oogh the instrumen- <br />tality of joint canmisGions, the most convenient example is that of the <br />attempts at settlement of the boundcry betwl3en the United States and <br />Texas. Here two joint commissions, duly oonstituted by the National <br />and State Governme nts, sought to settle the boundc ry line. The hi story <br />of these attempts is found in the reports of the United Sbtes Supreme <br />Court in the case of United Stetes v. Texas (143 u. S. 621; 162 U. S. 1). <br />
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