Laserfiche WebLink
<br />o <br />c.: <br />~ All of the eight states in the Arkansas-White-Red Basins have laws <br />W providing for drainage works in the protection of lands from seepage, <br />,~ and several have laws governing the appropriation and use of 1I.Ilderground <br />I-" we. ters, both vagrant percolating waters, and such as follow channels <br />which are none too well-defined. Such last"1llentioned laws are difficult <br />of satisfactory administration, due primarily to the problem of defining <br />the nature, extent, and flow of such underground waters, However, the <br />same principles of compact and of equitable division by suit 1I.Ilder the <br />original jurisdiction of the United States Supreme Court would apply to <br />so-called ground wters if and when the nature, extent, and flow thereof, <br />may be adequately defined. <br /> <br />Interstate Rights. The jurisdictional question or conflict of in- <br />terest and of laws among the several states f1IA'Y be reconciled (a) by <br />compacts among or between the several states, the right to enter into <br />which, is inherent in the states, and subject only to the Federal consti- <br />tutional requirement that such compacts have consent of the Federal Gov- <br />ernment by Act of Congress; or, (b) by suit invoking the original juris- <br />diction of the United States Supreme Court. In such a suit, it has been <br />held that interests of the Federal Government under the Federal reclama- <br />tion laws deraign through the wter appropriation laws of the affected <br />state. Nebraska v. Wyoming 295 U. S. 40. Exercise of one or the other <br />of these alternatives would appear to be expedient as a preliminary to <br />any development, interstate or otherwise, on an interstate stream. The <br />rule is established in the case of Wyoming v. Colorado 309 U. S, 572 <br />that the jurisdiction in the United States Supreme Court will not extend <br />be;yond an equitable division between or among the affected states, parties <br />to the suit, leaving to such states for dete1'lll1nation the lI8IU1er in which, <br />and extent to which, rights my accrue in the vaters so equitably divided. <br /> <br />Quality of vater paSSing state lines is within the scope of such an <br />equitable distribution of the wters of interstate streams. Either by <br />compact or by su1t under the original jur1Bdiction of the United States <br />Supreme Court, the respective states on an interstate stream f1IA'Y deter- <br />mine the extent to which one state f1IA'Y affect the quality of vater pass- <br />ing to another state. <br /> <br />Interstate Compacts, One interstate compact is in effect within the <br />area of the three basins, and two are in the process of preparation. <br /> <br />Waters of the Arkansas River originating upstream from the Colorado- <br />Kansas state line were allocated between Colorado and Kansas by a com- <br />pact signed by the President May 31, 19~9. That compact prOVides for <br />the equitable division of such vaters, and deals primarily v1th the oper- <br />ation of the John Martin Reservoir as it affects the apportionment. <br /> <br />On the CAnAdian River a compact was signed by the CllIIIIlI1ss1oners on 6 De- <br />cember 1950 and will be introduced to the State legislators for approval in <br />1951, The compact will go into effect when the States bave ratified it and <br />a bill approving the cOlllpaCt has passed Congress and been signed by the <br />President. <br /> <br />4-4 <br /> <br />coc: sms , <br />1 Jan" 51 <br />