Alabama-Coosa-Tallapoosa River Basin Compact and the Apalachicola-Chattahoochee and Flint River Basin Compact: Hearing Before the Subcommittee on Commercial and Administrative Law of the Committee on the Judiciary, House of Representatives, One Hundred Seventh Congress, First Session, December 19, 2001U.S. Government Printing Office, 2002 - 102 pages |
From inside the book
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Page 13
... clauses led to a number of major Federal pro- grams for water resource development — the reclamation program in the West administered by the Bureau of Reclamation , the Corps of Engineers ' flood control program throughout the Nation ...
... clauses led to a number of major Federal pro- grams for water resource development — the reclamation program in the West administered by the Bureau of Reclamation , the Corps of Engineers ' flood control program throughout the Nation ...
Page 15
... clause in that fashion . As I looked briefly at the draft agreement under the ACT com- act , it seems to me that that draft agreement is the compact that ught to be coming back at some point for congressional action , be- ause that is ...
... clause in that fashion . As I looked briefly at the draft agreement under the ACT com- act , it seems to me that that draft agreement is the compact that ught to be coming back at some point for congressional action , be- ause that is ...
Page 16
... Clause of the Constitution . Almost 160 years ago the Supreme Court declared that the states " hold the absolute right to all their navi- gable waters , and the soils under them for their own common use , subject only to the rights ...
... Clause of the Constitution . Almost 160 years ago the Supreme Court declared that the states " hold the absolute right to all their navi- gable waters , and the soils under them for their own common use , subject only to the rights ...
Page 17
... Clause of the Constitution , in cases of irreconcilable conflict between fed- eral and state law federal law must prevail . In the 1950's and early 1960's a series of Supreme Court decisions tilting the respective roles of state and ...
... Clause of the Constitution , in cases of irreconcilable conflict between fed- eral and state law federal law must prevail . In the 1950's and early 1960's a series of Supreme Court decisions tilting the respective roles of state and ...
Page 18
... clause 3 authorized the continued use of interstate agreements or " compacts " ( a device which had been liberally used in Colonial Amer- ica to resolve boundary disputes ) , subject only to the requirement of Congressional consent to ...
... clause 3 authorized the continued use of interstate agreements or " compacts " ( a device which had been liberally used in Colonial Amer- ica to resolve boundary disputes ) , subject only to the requirement of Congressional consent to ...
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Common terms and phrases
ACF River Basin ACT Allocation Agreement ACT and ACF ACT Basin ACT Compact Alabama Alabama-Coosa-Tallapoosa Allatoona allocation of water Apalachicola Bay approved Article Atlanta metropolitan area authority BARR Bob Barr Buford Dam California Chairman Clean Water Act Committee compact clause comprehensive plan conflict Congress Congressional consent consent legislation Constitution cooperative Corps of Engineers current impressions Delaware Delaware River doctrine draft ACT Allocation DRBC environmental equitable apportionment eral exercise Federal agencies Federal Commissioner federal government Federal interests federal law Federal team flood control Florida Georgia hydropower implementation interstate compacts interstate river interstate water involved issues Lake Allatoona Lake Lanier Lindsay Thomas litigation Member Muys navigable negotiations Newt Gingrich parties programs projects Reclamation requirements Reservoir responsibilities riparian water rights River Basin Compact role Section Sherk Subcommittee supra note Supreme Court Thank United water allocation compacts Water Law water quality water rights water supply
Popular passages
Page 10 - No State shall, without the Consent of Congress, . . . enter into any Agreement or Compact with another State, or with a foreign Power, . . .
Page 9 - ... all surplus water over and above such actual appropriation and use, together with the water of all lakes, rivers, and other sources of water supply upon the public lands, and not navigable, shall remain and be held free for the appropriation and use of the. public for irrigation, mining, and manufacturing purposes subject to existing rights.
Page 5 - That nothing in this Act shall be construed as affecting or intended to affect or to in any way interfere with the laws of any State or Territory relating to the control, appropriation, use or distribution of water used in irrigation, or any vested right acquired thereunder...
Page 13 - ... without diminution or alteration. No proprietor has a right to use the water, to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct while it passes along. Aqua currit et debet currere ut currere solebat is the language of the law.
Page 12 - Such standards shall be such as to protect the public health or welfare, enhance the quality of water and serve the purposes of this Act.
Page 8 - First, that in the absence of specific authority from Congress a State cannot by its legislation destroy the right of the United States, as the owner of lands bordering on a stream to the continued flow of its waters ; so far at least as may l)e necessary for the beneficial uses of the government property.
Page 13 - That whenever a comprehensive plan, or any part or revision thereof, has been adopted with the concurrence of the member appointed by the President, the exercise of any powers conferred by law on any officer, agency or instrumentality of the United States with regard to water and related land resources in the Delaware River Basin shall not substantially conflict with any such portion of such comprehensive plan...
Page 18 - That nothing herein contained shall be construed as affecting or Intending to affect or in any way to interfere with the laws of the respective states relating to the control, appropriation, use or distribution of water used in irrigation or for municipal or other uses, or any vested right acquired therein.
Page 4 - That the Secretary of War is authorized to make contracts with States, municipalities, private concerns, or individuals, at such prices and on such terms as he may deem reasonable, for domestic and industrial uses for surplus water that may be available at any reservoir under the control of the War Department: Provided, That no contracts for such water shall adversely affect then existing lawful uses of such water.