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<br />. <br /> <br />. 00095'2 <br /> <br />INTERSTATE C01f.PACTS <br /> <br />By Clifford H. Stone, Director <br />Colorado Water Conservation Board <br /> <br />Before the Missouri Basin Inter-Agency Committee <br /> <br />Denver, Colorado <br /> <br />July 20, 1950 <br /> <br />The subject "Interstate Compacts" has been assigned to me for presenta- <br /> <br />o~Jn to the Missouri Basin Inter-Agency Committee. This subject for many years <br /> <br />has been one of interest in relation to water resource development; and, in more <br /> <br />recent years, it is attracting even more consideration. It is realized today, <br /> <br />more than ever before, that many problems incident to basin-wide comprehensive <br /> <br />water development may be appropriately adjusted through resort to interstate <br /> <br />compacts. <br /> <br />Section 10 (2) of Article I of the Federal Constitution prov~des: <br /> <br />"No State shall, without the consent of Congress, it * ,~ <br /> <br />enter into any agreement or compact with another State l, If *". <br /> <br />This provision has been construed to mean that the Constitution authorizes <br /> <br />a state to "enter into any agreement or compact with another state" with "the <br /> <br />consent of Congress". This constitutional authority is negatively put in order <br /> <br />to express the limitation imposed upon its exercise. <br /> <br />Under the theory of the Federal Constitution only Congress may determine <br /> <br />what arrangements between States come within the permissive class of "agreement <br /> <br />or compact". The National, and not merely a regional, interest may be involved. <br /> <br />Thus the Constitution created a mechanism of control over affairs that are <br /> <br />projected beyond State lines and yet may not call for, nor be capable of National <br /> <br />treatment. <br />