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<br />o <br />(:-.~ <br />~ <br />'" <br />en <br />t.,;) <br /> <br />the law governing the control ana use of water within the sovereign <br />states, ana (2) by limits on the total right of the states through <br />allocations in co~cts or aecisions by the Supreme Court of the Unitea <br />States. These aspects are more fully aiscU6sea in Chapter 4. <br /> <br />The type of water law odthin the several states varies from a <br />purely appropriation aoctrine in Kansas, Colorad.o ana New Mexico to <br />more or less extensive moaifications of the riparian aoctrine in the <br />States of Oklahoma ana Texas, to minor or no modifications of the <br />riparian aoctrine in ,Missouri, Arkansas, ana Louisiana. Changing <br />conaitions have brought about an awareness of the neea to moaify the <br />principles governing 'water law in the six lower states. <br /> <br />Only one area in the three basins is covered by an interstate <br />oompact but a seoond compact is near adoption. The surfaoe waters of <br />the Arkansas River above the state line have been allocated between <br />Colorado and Kansas by oompact, Negotiation of a compaot on the <br />Canadian River has been completed and the proposed conraot awaits state <br />ratification, Work is bein~ directed toward compact negotiations on <br />the Red River. The diversity of interests within, the, three basins indi- <br />cate the possibility of additional compacts dealing with problems other <br />than for conservation ?urposes, such as problems of control of pol- <br />lution. <br /> <br />Except for the control of rivers for navigation, which ie covered <br />under the commerce clause of the Constitution, the Federal Government <br />has no control over, nor right of use in the waters of the rivers, <br />unless such ri~hts are obtained through'due process under state laws. <br />The Congress, in the Flood Control Act of 19L~, enunciated the policy <br />that in the states wholly or partially west of the ninety-eighth me- <br />ridian, use of water for navigation sl~ll be only such as does not oon- <br />flict with any beneficial consumptive use. <br /> <br />Rights to the use of water accrui~~ under state laws are subject <br />to claims of rights on the part of the Indians under Federal laws and <br />treaties with Indian tribes where applicable. Indian lands in the <br />Arkansas-White-Red watersheds are entirely within Oklahoma, <br /> <br />New Mexico, Kansas, Oklahoma, and Texas have statutes governing <br />the control and use of underground water. It is not apparent at this <br />time what effeot these statutes may have on the development of a compre- <br />hensive plan. ' <br /> <br />The chapter on water quality is of narrative form ana present \, <br />qualitative conaitions of widely varying nnture which exist in the <br />subject watersheas. This chapter was preparea separately from the <br />other chapters of this report, ana auplicates to some extent material <br /> <br />1-2 <br /> <br /> <br /> <br />