[Congressional Record Volume 141, Number 154 (Friday, September 29, 1995)]
[Senate]
[Pages S14745-S14751]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Mr. Jeffords, Mr. Gregg, and Mr. 
        Smith):
  S.J.Res. 38. A joint resolution granting the consent of Congress to 
the Vermont-New Hampshire Interstate Public Water Supply Compact; to 
the Committee on the Judiciary.

[[Page S 14751]]



     VERMONT-NEW HAMPSHIRE INTERSTATE PUBLIC WATER SUPPLY COMPACT 
                              LEGISLATION

 Mr. LEAHY. Mr. President, today I am pleased to introduce a 
joint resolution with Senators Jeffords, Gregg and Smith to allow the 
States of Vermont and New Hampshire to implement an interstate public 
water supply compact. Both States have enacted this compact through 
their State legislature, and the affected towns are currently awaiting 
congressional approval so that they can move forward in their 
partnership.
  Most members are familiar with compacts since they have become common 
tools to address local problems. Like all compacts, this one is a 
binding agreement between States established for the purpose of 
addressing problems shared by those States. This particular compact 
allows Vermont and New Hampshire to construct and maintain joint public 
drinking water systems.
  According to the compact in this Senate joint resolution, Vermont and 
New Hampshire municipalities are granted the authority to apply jointly 
for federal financing and raise appropriate revenue for the creation of 
drinking water facilities. The agreement also allows for joint 
management and maintenance to help cut costs while still meeting 
minimum health standards for drinking water. While public water 
projects will be carried out according to eight common guidelines 
stipulated in the joint resolution, this joint resolution does not 
create a new governmental authority and does not supersede any existing 
laws or agreements of member states. Finally, the States of Vermont and 
New Hampshire initiated and drafted this compact cooperatively and 
enactment was pursued voluntarily by each legislature.
  This compact carries on a tradition of cooperative efforts to meet 
interstate objectives between Vermont and New Hampshire. These two 
States currently implement the New Hampshire-Vermont interstate sewage 
and waste disposal facilities compact. In addition, both States are 
members of the broader New England interstate water pollution control 
compact and the Connecticut River Valley Flood control compact. On a 
national level, literally dozens of compacts have been considered and 
approved by Congress to address water issues. The Vermont-New Hampshire 
Public Water Supply compact reflects the principles of previous 
compacts which have effectively addressed interstate concerns.
  We are introducing this bill today in order to satisfy article 1, 
section 10 of the U.S. Constitution. Article 1, section 10 mandates 
that ``No state shall without the consent of Congress enter into 
agreement or compact with another state or with a foreign power.'' The 
courts have established two reasons for Congressional consent. One is 
to prevent undue injury to the interest of noncompacting states, the 
other is to protect the Constitutional interests of the federal 
government against interference from the states. I believe that this 
compact serves the interests of the two member states well, does not 
affect other states, and protects the constitutional interests of the 
federal government. It is in this spirit that I introduce this joint 
resolution for the consideration and approval by the U.S. 
Senate.

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