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C9C: sma 1 Jan 51 o r) ~ N c.o 00 CBAPTER II- JDRISDICTIONAL ASPECTS or WATER AVAILABILITY Although projects for the development or water resources as contem- plated by the cOllllll1ttee may be on a river basin wide basis, ignoring state lines, private property rights accru11lg under such projects, and rights to the use or water for any such interstate development, must be measured by the lavs of the respective states in which such development is projected. Federal Interest and Pollcy. The principal interest or the Federal Government in water resource control and development arises in the im- provement of navigability or strell.lllS, under the so_lled "collllllerce clause;" and the development of large scale projects for reclamation, irrigation and other internal improvements, under the so-calied "general welfare clause", of the Federal Constitution, The last"'lllentioned con- sti tutional function of the Federal Government is confirmed by a recent decision of United states Supreme Court in the case or United States v. Gerlach Livestock Compe.ny (70 SlJl)reme Court 955, decided June 5, 1950T. In addition to the principles otherwise established that private rigbts accruing under the lavs of appropriation doctrine states may not be taken for a Federal project vithout payment of just compensation therefor, the Gerlach case enunciates the principle that private rights accruing under the lavs or riparian doctrine states likewise may not be taken without just compensation for a Federal project. The current pollcy of the Federal Government in integration of its rigbts and those accruillg ,under respective states' jurisdictions is to recognize the interests aDd rights of the states in determining the de- velopment of the watersheds v1th1n their borders, aDd their interests and rigbts in water utilization and control. This pOlicy was declared by Congress in Section 1 of the Flood Control Act of 1944 (58 Stat 887). This Act limits the use of water for vorks of improvement for navigation or flood control under the commerce clause of the Federal Constitution to that lIhich vili reDder substantial navigation beneti ts and, further, that the operation or such navigation or flood control vorks are required to consist with state recognized water uses for domestic, municipal, stock water, irrigation, mining or 1Ddustrial purposes. Similar Federal recognition of state rigbts relating to control, appropriation, use, or distribution or water for beneficial consumptive use is found in the Reclamation Act (32 stat 388) or 1902, and in the Federal Water Pover Act of 1920, 11--1