Charles Evans Hughes

“ We should accept that construction unless we are satisfied that it does violence to federal right based upon the statute, defeating the reasonable anticipation and purpose of securing through the operation of the statute an essential and exclusive legislative authority for the Federal Government. ”

“ These characteristics, however, 'render it an ideal stream for the development of hydroelectric power.' For the most part the Columbia River within the United States flows through an arid country, 'the land being immensely productive and rich when placed under irrigation but of no value without irrigation.' The course of the river for the greater part of its length in the United States lies wholly within the State of Washington. ”

“ That was set forth as one of the main objectives, as well as the development of power, in the Declaration of Taking filed in the federal court in the condemnation proceedings, and, whatever may be said of power development so far as it is incidental to the improvement of navigation, the reclamation of arid or semiarid lands has always been regarded as a project which carried with it an appropriate recognition of a continued state jurisdiction. ”

“ Appellants' argument comes to this-that we must not only override the construction of the state statute by the state court but that we must construe the statute as compelling the Federal Government to assume an exclusive legislative authority which it did not need, which it has not accepted or exercised, and against the burden of which it has sought to protect itself by securing state cooperation in accordance with the express authorization of Congress. We find no warrant for such action.
Indian tribal lands. ”

“ No adverse claim to any such waters initiated subsequent to the receipt by the commissioner of public lands of such notice shall be recognized, under the laws of this state, except as to such amount of the waters described in such notice or certificate hereinafter provided as may be formally released in writing by a duly authorized officer of the United States. ”

“ While the United States has paramount authority over the river for the purpose of the control and improvement of navigation, the title to the river bed, as well as to the shore lands and school lands was in the State (Port of Seattle v. Oregon & Washington R. Co., 255 U.S. 56, 63, 41 S.Ct. 237, 239, 65 L.Ed. 500) , and the State had legislative authority over all this area consistent with federal functions. United States v. ”

“ And provided further, that in case such certificate be filed within said one year and the United States does not authorize the construction of works for the utilization of such waters within said three years after the filing of said certificate, then the waters specified in such notice and certificate shall, after the expiration of said last named period of three years, become unaffected by such notice or certificate and subject to appropriation as they would have been had such notice never been given and such certificate never filed.'↑ '§ 8108. ”