Abstract
The negotiation and ratification of major compacts by the states involved and the subsequent consent by the United States include inherent problems of great similarity when the prime purpose of the compact is to arrive at an equitable apportionment of water among the states. These problems involve the interests of the states, persons, and other entities claiming through the states, and the interests of the federal government and those who now, or who may in the future, claim through the federal government. The states' interests, generally catalogued, are (1) the protection of rights, obtained through state laws, to the consumptive or non-consumptive use of water, and (2) recognition of the privilege or right of the states to grant additional rights in the future with the assurance that, if within amounts recognized by subsisting compacts, they will be valid against the other states and the United States. The second presents a challenging legal problem to states that choose the compact route to settle their major differences in the water use field.
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