1973 (folder 1 of 3)

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-NA10

E'ER RESM

Phoenix, Arizona

Mr. James Lewis, nanager

Oahe Conservancy District Project P. 0. Box 78

Huron, South Dakota 57350 Dear Jim:

RECL

AUG 2

7 1973

August 23, 1973

This is to request that you organize an ad hoc subcommittee from NvVRA 'Water Users Committee to accomplish the following:

(1) Examine all cost-sharing proposals of the National 4ater Commission in its final report,

(2) Examine methods for getting NWRA's State Associations to reappraise their views on cost-sharing and to report their pro-posals for future cost-sharing to your ad hoc committee [all of this material to be confidential].

(3) Examine methods for "homogenizing the proposals of the respective State Associations into a coherent set of NWRA policies for cost-sharing;

(4) Based on examinations to recommend to the NWRA Board of Directors by November 12 a method for "homogenizing" the States' views into a final set of policies.

As you know, consumptive uses of water for irrigation exceed all others together in the Western States. Obviously subsidization and other cost-sharing for irrigation is a major element of the study outlined Above.

Further, the Water Resources Council is now undertaking a reformulation of cost-sharing methods. Also, the Department of

the Interior is considering the referral of some authorized projects not started* back to the States an. to Congress for a new look at the cost-sharing authorized.

*or for which 1ea1 cost-sharing "a7.37i7e7aents have not been approved. ...CONTINUED

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2.

Mr. James Lewis 8/23/73

Those re-examinations by others suggest that your study should include the States' views as to whether such new policies as will be proposed should be applied to authorized projects which lack approved cost-sharing contracts.

If you are willing to direct this study I would ask you

to accept the Chairmanship of the p_ter Users Committee. At that tiAe I would furnish a list of current members with some suggestions as to selection. dowever, selection would be your prerogative.

Also you would be free to seek outside advice should you wish.

Coy to; sincerely, J.

A.

(Ted) Riggina, Jr. Al'. J. R. Barkley' P. 0. Box 679 LOVELand, Colorado 80537 Mr. Jack F. Ross 802 Capitol Life Bldg. 225 E. 17tn Ave. Denver, Colorado 80203

OUR WASHINGTON OFFICE HAS PAID THE GOVERNMENT PRINTING OFFICE TO MAIL YOU DIRECTLY A COPY OF "NEW DIRECTIONS IN U.S. WATER POLICY"; THAT INCLUDES THE SUMMARY, THE CONCLUSIONS AND THE RECOMMENDATIONS FROM THE FINAL REPORT OF THE NATIONAL WATER COMMISSION.

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1116116,6* raw

JUL 6 1973

Krum

a Assmir

J. A. (TED) RIGG!NS, JR., President (Arizona) J. R. BARKLEY, First Vice President (Colorado) ROBERTT. CHUCK, Second Vice President

(Hawaii)

JOHN W. SIMMONS, Treasurer (Texas)

MILO W. HOISVEEN, Past President (North Dakota)

897 NATIONAL PRESS BUILDING WASHINGTON, D. C. 20004 (202) 347-2672

July 2, 1973

J.A. Riggins Jr., President

National Water Resources Association 111 West Monroe

Phoenix, Arizona 85003

Dear Ted:

Four years ago, the Directors approved my appointment to the governing body of the Permanent International Associ-ation of NavigAssoci-ation Congresses. The implicAssoci-ations to NWRA are: attending an international meeting of the body each year, and a Congress also, one year out of four. Such ex-penses as are not borne by the U.S. government, I pay [i.e., no costs to NWRA].

I have been reappointed by the Department of State. I plan to attend the meeting of the governing body and the world Congress in Ottawa, this month. Details:

...I am invited to fly up in the plane of the

Chief of Engineers, leaving the morning of Sunday, July 8; return night of July 20.

...Passengers are Major General John Morris [Director of Civil Works] and wife;

...Joe Tofani and wife [top civilian on policy; may soon be with Rogers Morton];

...Ken Bousquet and wife;

...Dr. and Mrs. Thorndike Saville [authority on beach erosion and phenomena of waves];

...The Resident Member of the Board of Engineers,

Colonel William G. Kratz [reviews all Corps projects]; ...Alice May and I.

DIRECTORS _{Milo W. Hoisveen, N. D.}

..CONTINUED..

E. F. (Don) Doncaster, Wash. J. A. (Ted) Riggins, Jr. Chris C. Green, Kans. Clarence Base. Okla. Marlin T. Kurtz, Wyo. James F. Sorensen, Calif. Hubert G. White, Mont. Harold Henigson, Ore. Paul W. Scott

J. R. Barkley, Colo. Judge William C. Smith, Jr., Nebr. Homer Engelhorn, S. D. Railroad Representative. Wash. Robert T. Chuck, Hawaii Roland Westergard, Nev. John W. Simmons, Tex. Wesley D' Ewart,

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-2-Lacking objections, I shall take off. My hotel --Chateau Laurier, Ottawa.

Next -- the Pacific Northwest River Basin Commission

invited me to attend a meeting of especial interest in Helena, Montana, on July 12. While I could fly over from Ottawa,

Director Hubert White has kindly agreed to:

...cover the meeting, as NWRA representative;

...report items of interest to the Board, in Boise. Morley Fox will listen in on the hearings of the Senate IIA to get views of the Water Resources Council on the National Water Commission Report, July 17.

Sally will "man" the home-front.

Sincerely--ri- H. Bronn

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MYER '2

ErOCKA1

ASSOMAIICK

J. A. (TED) RIGGINS, JR., President JOHN W. SIMMONS, Treasurer (Arizona) (Texas)

J. R. BARKLEY, First Vice President MILO W. HOISVEEN, Past President (Colorado) (North Dakota)

ROBERT T. CHUCK, Second Vice President (Hawaii)

July 2, 1973

J.A. Riggins Jr., President

National Water Resources Association 111 West Monroe

Phoenix, Arizona 85003

Dear Ted:

This relates to the meeting of water resource in-terests, held on Friday, June 29.

Organizations represented were.:. ..American Waterways Operators; ..Association of Port Authorities; ..Gulf Intracoastal Canal Association; ..Gulf General Atomic [NEDA].

..National Waterways Conference.

The first issue was whether further hearings on the

Report of the National Water Commission should be held. At-tached is a proposed letter which was offered the group of associations for endorsement [the letter was drafted by the National Waterways Conference, with advice].

I suggested the issue be considered with elements as follows:

..Which Committees should be written [House, Senate; Public Works; IIA; Agriculture, for instance]?

..Do we want hearings in the field only, or also in Washington, D.C.?

..Are paragraphs 3 and 4 of the proposal suited to our aims?

DIRECTORS

J. A (Ted) Riggins, Jr. James F. Sorensen, Calif. J. R. Barkley, Colo. Robert T Chuck, Hawaii John A. Rosholt, Idaho

Chris C. Green, Kans. Hubert G. White. Mont.

Judge William C. Smith, Jr., Nebr. Roland Westergard, Nev. Jerry D. Geist, Mex.

Milo W. Hoisveen, N. D. Clarence Base, Okla. Harold Henigson, Ore. Homer Engelhorn, S. D. John W. Simmons, Tex. Edward H. Southwick, Utah

..CONTINUED..

E. F. (Don) Doncaster. Wash. Marlin T. Kurtz, Wyo. Paul W. Scott

Railroad Representative. Wash. Wesley D. Ewart.

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•

-2-Since NWRA had urged Senator Church to invite Senator Randolph's Committee to join in the D.C. hearing of Mr. Luce, I was concerned about splitting the unity thus initiated.

Discussion led to the following consensuses: ..We shall attempt to talk jointly with staff of Public Works and IIA, sounding them about the practicability of joint field hearings [of some sort].

..for the time being, we lay off the House [Jim Sorensen, in town last week, had earlier promised to talk to Bizz Johnson about his intentions con-cerning the NWC Report. There are reasons why I should not ask Bizz, at this time].

..As to the proposed letter:

a. hold it up until we talk with staff;

b. aim to revise the 3rd paragraph to involve IIAp in the field [nothing about a Washington, D.C. hearing];

c. replace Paragraph 4 with the mission of the field hearings -- which is to stress impacts should NWC recommendations be adopt-ed;

d. the final paragraph depends first on what we hear from Mr. Sorensen, and then on other re-actions from Capitol Hill.

Some of the persons present thought we should parcel out to local organizations the 240 recommendations, so as to assure full coverage. Another suggestion would have the 240 screened into two groups: (1) those the Administration can do; (2) those

requiring Congressional action. No discussions were made on the issues of this paragraph.

Encl.

cc: NWRA Officers J.F. Sorensen

Pnien is ec7/77Aile-ifece

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Hon. Jennings Randolph Chairman

Committee on Public Works United States Senate Washington, D.C. 20510 Dear Senator Randolph:

As you know, the National Water Commission issued its final report on June 14, 1973. The report contains a number of recommendations which, if implemented, would radically change Federal navigation, flood control, and other water

resource programs under your Committee's jurisdiction. In addition, the Corn-mission proposed that the civil works program of the Army Corps of Engineers be modified to curtail its engineering design and construction activities. The role of waterway development in serving broad public policy objectives -- such as regional growth, rural development, export expansion, social well-being, etc. -- was challenged. And there were numerous other policy recommendations of a negative nature in the National Water Commission's lengthy report.

Many of its proposals require Congressional action before they can be imple-mented. Some recommendations, however, can be put into effect by Executive

agencies or by Executive Order. As you may recollect, the President's 1974 Budget referred to the Commission's pending report and promised that its recom-mendations -- particularly those relating to cost-sharing -- would be given full consideration. This is ample indication, we believe, that the White House may well adopt the Commission's report as an "official" internal policy document. Moreover, we fear that the Office of Management and Budget may attempt to "imple-ment" certain key recommendations, in effect, by holding up water projects

until Congress acts.

For these reasons, the undersigned representatives of the major water organizations headquartered here in Washington strongly urge your Committee to hold in-depth hearings on the National Water .Commission's recommendations affecting navigation, flood control, and other water resource programs under your jurisdiction. These hearings, we believe, should examine the impacts and implications of the Commission's key findings and conclusions. If at all feasible, we would suggest that the Committee consider holding hearings in various parts of the United States to get the benefit of the broadest possible range of public, business and civic reaction. The views of elected officials should be especially sought.

Early in its deliberations, the Commission seems to have reached its basic conclusion that the Federal government should get out of water resource develop-ment. Subsequently, the Commission appears to have set out, almost lawyer-like, to assemble papers and studies supportiVe of its main theme. Indeed, the

Commission leaned most heavily on the counsel of lawyers and economists in pre-paring its report, spurning the advice of water planners, engineers, geographers

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4

Hon. Jennings Randolph Page Two

and other disciplines. Because of the Commission's preconceptions, and the lack of really objective background materials in many areas of its studies, we believe that your hearings should allow ample time to develop full factual information with respect to the public need and national value of Federal waterway programs.

We will be delighted to assist you and your staff in every way possible. It is our hope that your Committee can use the opportunity afforded by these hearings to develop a truly effective national water policy adapted to the needs of modern America -- policy guidelines which are positive and forward-looking, not so negative or restrictive as those proposed by the National Water Commission.

For your information, a similar letter is being sent to Hon. John A. Blatnik, Chairman, Committee of Public Works, U.S. House of Representatives.

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S qtr.,. • , Dial 839-7240

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PRESIDENT F. C.o10,-flan G,LI,d Forks '1 VICE-PRESIDENT SECOND VICE-PRESIDENT t Lay R. Zacher Eigin TREASURER I.,. rot VICE-PRESIDENT _ . L Li,L Lke C,-,-;CE MANAGER 113::tzcroas SOUTHWEST DISTRICT 6i,n,arck wok ; Booirnan y 2.,-,ct,ar, Elgin 1LIT'riE.A.ST DISTRICT

Gr6y, VaIiai City VIL...t Fargo 1::,;,•:THWEST DISTRICT y Leo, Minot r G!,..nburn _ -roOrrg, .i,ot Wiiroton NORTHEAST DISTRICT borg, Dsvils Lake T. Co,oion, Gror,d Forks

Grarrd Forks EX-OFFICIO F.31.,,xt I-.. .tranik, Dickinson

DIRECTORS-AT-LARGE Ese:rg, Minot V•laltla1la E. .lory, Fargo Fargo .7, 61...;rna,rck • ts,...ochl,e, Minot Eiii.rn&rck GrLrld Forks ,:',171-1 DAKOTA DIRECTOR i,,ATi3il,t1 WATER kiESOU/;;;ES ASSOCIATION bi,rnarck -• -•\

-Room 416 - FIRST NATIONAL BANK BUILDING P. 0. Box 5007 - MINOT, NORTH DAKOTA - 58701

June 28, 1973

Mr. Carl A. Bronn, Executive Director National Water Resources Association 897 National Press Building

Washington, D. C. 20004 Dear Carl:

Enclosed is the statement for the Past President's plaque which was presented to Milo Hoisveen at his Recognition Dinner last night. The cost is well below the amount you suggested but I assure you it is a handsome and costly-looking plaque. Will you please mail the check directly to the Allard Trophy Co.

The event went well and Milo was in good shape, making a fine response to all the accolades that were heaped on

him and Hollis. In response to my invitation, Homer Engelhorn was happy to come back to his home state from South Dakota to present the NWRA plaque and did an excellent job, reading the tribute you wrote.

Milo is now sweating out a trip to Mayo Clinicln the near future where there is'a possibility that he will have major surgery to replace the damaged arteries. We will all be praying for him.

RLD/e 1% 1' I' C ,) ( C/ Sincerely, ,„!..!-‘1,-.1,11 L. Dushinske

Executive Vice President

'

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01-4

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•

MIL

/UM/MN

' cir 44rugt

MILO \V. 1101SVIIN, President 1..1. COURY, Treasurer New Mexico)

TED RIGGINS, JR., First Vice Ft 'so lo I OR IN W. MARKHAM, Past President

(Arizona) (Washington)

J. R. BARKLEY, Second Vice President CARL II. BRONN, Executive Director ((" olot ado) (Washington, H. C.)

897 NATIONAL PRESS BUILDING WASHINGTON, D. C. 20004

Glenn Sullivan Assistant Director

Oklahoma Water Resources Board Dialex Building

2241 N.W. 40th Street

Oklahoma City, Oklahoma 73112

Ded.r. Mr. Sullivan: (202) 347-2672 June 6, 1973

REC11

JUN 1 5 1973

PARRY, Pfrr_"" r,""

.Y.7)

JUN1 1 1973

41W

1.• 4

By coincidence, just yesterday I called Tom Cahill of the Western States Water Council, regarding the SERC Resolution opposing national land use legislation, as pro-posed. Your letter received today is opportune indeed! I thank you for it.

P

I

`!!

II

You may be interested in a prospective report of

NWRA's Committee on National Land Use Policy [copy enclosed]. Also, actions stemming from NWRA's Committee might be along the lines of three papers, "VIEWS ON S. 268", I, II and III --enclosed. These papers are furnished you after talking with Clarence Base, NWRA Director from Oklahoma,and a member of our NLUP Committee.

...If the three papers generate ideas of value to the Oklahoma Water Resources Board, to SERC, or to the Oklahoma delegation, please borrow whatever is helpful.

My regards to you, to Forrest Nelson,. and to good Guy Keith ,[and "Betty", if you know her].

Sincerely, /-Carl ronn ENCLS: (4)

cc: [with I,II,& III]

NLUP Committee and Ted Riggins, President NWRA..

DIRECTORS

Ted Riggins, Jr., Ariz. James L 5;oreri%en, J. P. Barkley, Colo. RolJert T. Chuck, Hawaii John A. Rosholt, Idaho

Chris C. Green, Kans. Wedy DTwart, Mont.

Judge William C. Smith, Jr., Nehr. Roland Westergard, Nev. I. J. Coury, N. M.

Milo W. I loisvc.,en, N. D. cri«. [Lyle, Okla. I lit old Ore. Homer Engelhorn, S. I). John W. Simmons, Tex.

Edward H. Southwick, Utah orin W. Markham, Wash. Mai Iii I. Kurii, Wyo. Kenneth Cook,

Railroad Representative, Minn.

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June 6, 1973

LAND USE LEGISLATION II. Federal Control

Specifically: SHOULD CONTROLS TO BECOME EFFECTIVE IN YEAR SIX OF THE ACT BE WRITTEN INTO LAW AT THIS TIME?

The Committee Report states the purposes of the Act as ...to provide Federal technical assistance;

...to provide a grant-in-aid program; ...to encourage research and training;

...to provide authority to improve coordination.

NOT included in those purposes is to write into law at this time the rules for controlling State land use programs in Year Six of the Act.

Reasons for not writing controls over uses now are ample, and include:

...the States and the Federal agencies lack the wisdom; five to ten years are required to develop the capacity ..for statewide planning effort.. [See Par. 2a of Report]. ...the Federal government must put its own house in order..

improve its understanding of impacts* of its activities. [See Par. 3 of Report]. ...a major study should be conducted at all levels of

government to determine the wisdom and possible sub-stance of national policies toward land [IBID].

Recognizing the wisdom of developi_aa criteria, S. 268 establishes an orderly, coordinated system for bringing to Congress recommendations for its enactment of policy ..this is Title III, PART D. Congress

will receive those recommendations before the end of the 3rd fiscal year of the Act [Sec. 307(c)], in time to enact criteria for the sixth fiscal year of the Act.

Therefore, I recommend deletion of Secs. 203 and 204 of S. 268 --sections which do not become effective until after five complete fiscal years of the Act. Any parts of Secs. 203 and 204 which are not

re-dundant to the twelve guidelines in Sec. 307(b) for development of policy could be added as sub-paragraphs in that section for developing the

"program" [minor changes in references to Secs. 203 and 204 would, of course, be required].

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Tab A. EXISTING FEDERAL LAWS AND PROGRAMS

SIGNIFICANTLY AFFECTING USES OF LAND Federal laws:

• The National Environmental Policy Act • The Environmental Quality Improvement Act • The Water Quality Act

• The Clean Air Act

• The Coastal Zone Management Act

• The Land and Water Conservation Fund Act • The Water Supply Act

• National Environmental Education Act • Airport and Airway Development Act

• Federal Aid Highway Act & legislation related to mass transit • The Wild and Scenic Rivers Act

• The Water Bank Act

• The Federal Water Project Recreation Act • Acts to establish

-**National Parks **National Forests **National Rivers **National Monuments

**National Recreational Areas **Wilderness Areas

**Primitive Areas

• The Water Resources Planning Act • The Reclamation Act

• Acts for Civil Works of the ColTs of Engineers and land use acts of Department of Agriculture

• The Public Works and Economic Development Act

• Acts providing authorities to the FCC, the FPC, and AEC and the Department of Transportation

• Acts relating

to

urban-rural balance as: **Title IX, P.L. 91-524

**Title VII, Sec. 102, P.L. 91-609

• Acts on Housing and Urban Development related to -**Model cities

**Urban renewal **Open space land **New communities

**Areawide development **Comprehensive planning **Community facilities **Interstate land sales

*Legislation in progress related to -**Surface mining

**Siting of electrical power facilities **The energy crisis

Sec. 10 of P.L. 92-5-500 to recommend to the Congress not later than October 18, 1974, what the relationship should be between national policies and goals established by law, taking into account

the

resources of

the

Nation.

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June 6, 1973

VIEWS ON S. 268 III. Balance

--Specifically: WHAT IS THE LIKELIHOOD THAT S. 268 WILL AID THE TIMELY SITING OF PRODUCTIVE FACILITIES?

The Senate Report on S. 268 promises:

"—adoption of this Act and a good faith effort by the

States. .will insure that public facilities and utilities.. are available when needed".

That promise responds to a national need -- a need to aid

productive enterprises in securing clearances for the use of private lands for their facilities. Just how will S. 268"make facilities_A

available when needed"?

One finds in S. 268 a Statement of Policy which declares an

intent to develop and implement "policies which will govern the wise and balanced use of the Nation's land resource".

...But those who seek provisions for positive aid --during the first five years of the Act -- to speed the siting of off-loading facilities for fuel imports, of refineries, of coal mines, of metal mines, and of plants to provide the sinews of construction, are out of luck!

...But they will find a special section* to stop certain developments out of concern for the natural environment. This lack of balance -- a hard "program" to stop action in favor of the natural environment, but only a vague "process" to aid the siting of facilities vital to the human environment -- pro-mises harm to the very sustenance of man. Toward rectification of such imbalance, I recommend that:

...At the end of Section 201(d)(1), delete the period; add:

"..and is effectively using a State commission, or other entity, to aid the approval of sites for productive facilities."

This addition would not fulfill the promise quoted, but it would give some meaning to the IIA Committees' intent for a "balanced use" of the Nation's land resource.

* Section 201(d) of the planning process; it establishes a "program" to regulate a certain class of projects, and spells out regulatory criteria.

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June 6, 1973

VIEWS ON S. 268 I. Regulatory Authority.

Specifically: A COSTLY "BITE" IN S. 268 -- AND WHO GETS BIT.

The proposed land use legislation has "teeth", according to Mr. Russell Train 'Chairman, CEQ](1) -- teeth designed to bite when "controls" are not exercised according to Federal views.

A principal control(2) is the "regulatory authority" of

governments. "Regulatory" does not mean : condemnation or purchase -- it means the use of police powers to prohibit uses without payment to landholders.

That landholders face enormous losses from additional regulation is implied in the Committee Report, and assessed in the up-coming

Report of the Task Force of the Citizens' Advisory Committee on Envir-onmental Quality(3). Quoting from each:

..."Land must be considered as more than a commodity to be bought and sold..this change in prevailing land use concepts and in traditional. .policies, institutions and procedures can and should be stimulated by Federal legislation" [i.e., S. 268].

...Part III 1. "Background" of Committee Report.

..."the public need for tough environmental safeguards is

left unsatisfied because of arguments that such regulation is impossible without MASSIVE payments to affected land-holders -- payments that are unavailable in tight government budgets. ..This legislation [S. 268] can help to create a consensus that tight protective restrictions are valid. .to protect natural, cultural, and aesthetic values. The doc-trines applied by the courts need change too". (3)

Those massive costs [earnings foregone] would be borne by landholders, under S. 268. Further, S. 268 would also -- in the eyes of the Task

Force -- carry enough weight to influence the courts as to when to deny compensation for losses of land use!

Does Congress really intend that S. 268 be so used, i.e., to

cause massive losses in earnings from land and also to intervene into determinations between governments and landholders as to when denial of use is a taking which merits payment?

Last year, the Senate was cut short in debate on that issue. I propose full debate. And if the Senate finds that the Task Force

(1) See Russell Train's testimony of March 26, 1973 to Senate IIA Committe (2) See the Secretary of Interior's view in the Committee Report, under

his numbered paragraph 8.

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VII

interpretation of S. 268 is beyond the intent of the Senate, I suggest that to Sec. 203(f) there be added:

..."Congress does not intend that this Act intervene in relationships between governments and landholders as to compensability for uses of land denied land-holders by governmental actions".

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EXAMPLE LETTER R. P. PARRY T. M. ROBERTSON JOHN H. DALY (1913-1968) BERT LARSON C. G. MCINTYRE JOIN R. COLEMAN THOMAS G. NELSON JOHN A. ROSHOLT FRED D. DECKER ROBERT C. PAINE

PARRY, ROBERTSON, DALY 8c LARSON

LAWYERS

THE IDAHO FIRST NATIONAL BANK BUILDING P. 0. BOX 525

TWIN FALLS, IDAHO 83301

Governor Cecil D. Andrus Governor of Idaho

Statehouse Boise, ID.

Re: S268--National Land Use Policy

Dear Governor Andrus:

TELEPHONE (208) 733-3722

Senate Bill 268 has been recommended by the Interior Committee for passage. I am advised that the full report on the bill was released early this week.

Because of your concern for land planning legislation in the past and your desire to establish guidelines for Idaho's future lard use, please consider some of my reactions to S268.

The bill has three major areas of concern:

(1) Because of the many existing Federal laws and pro-grams which affect land planning, it is my feeling that a period of evaluation should precede implementation decisions. I attach as Exhibit A a list of laws and programs which may affect land use. This is not a complete list by any standard. A major study should be conducted at all levels of government to determine the possible substance of existing national policies toward land. It also appears to me that this is a new venture for the Federal gov-ernment and perhaps they should put their own house in order before imposing requirements for state planning. This suggested study period may be as long as five years. I am not offering this

as merely a method to defeat the legislation, but I really think that if the Federal government would study all of the laws and pro-grams which could affect land planning, that the criteria which

would eventually be available as a guideline for a statewide planning effort would be more meaningful.

(2) We should have some concerns about the ability to continue to provide necessary facilities to our citizens. If S268 operates in the same manner that N.E. P. A.. operates, the loca-tion of water facilities, sewage plants, electric facilities, regional

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PARRY, ROBERTSON, DALY tSt LARSON

-2-Perhaps a ten-year planning period should go into the location of each of these facilities, but, unfortunately, Idaho's growth

will require them prior to the end of such a time lag.

(3) A possibility exists that S268 might alter existing relationships between land owners and government under state law. Idaho people have traditionally been land owners or those

who have worked all their lives to establish equities in land. I am not sure they are ready for the imposition of land use plan-ning legislation which might allow an indirect taking of property without compensation. This area needs clarification in the bill.

S268 could put state and local governments in a position where they would be required to make decisions as to future land use, at this point in time a totally untried process.

I acknowledge your 1973 effort in submitting S. B.1111 to the Legislature. My concern is basically that the subject

matter of the proposed Federal legislation is so vast that most Senators and Congressmen have not taken the time to adequately

understand the possible ramifications of the bill. I solicit your support in encouraging a study and complete understanding of S268 by our state agencies and by our Congressional delegation before the delegation is confronted with a vote. Please use any comments I have suggested in this letter if you elect. A Federal land use planning process that takes into account the inputs of a state is better than one with rigid Federal guidelines set at a time when nobody really understands what the guidelines ought to be.

Thanks for your time in evaluating the ideas I have advised in this letter.

Sincerely,

JOHN A. ROSHOLT Enc.

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KAITHAL

MEIR 12ES:::„CES

ASSOC11AVOR

Board of Directors

June 12, 1973

Re: S.268 - National Land Use Policy

Gentlemen:

On May 22nd, the Senate Interior and Insular Affairs Committee reported out S.268. Note the article in Water Life at Page 7.

Also, since May 22nd, you've received a mass of missals from Carl concerning various ramifications of the bill. It appears that S.268 has momentum and although the more we learn about it, the less we like it, it has some chance of passage.

Because of our unique organizational structure, if the board were to take a position other than the resolution of the last convention, I am advised that it would have to be done through some type of official board meeting.

Carl suggested, and astutely so, that it would probably be inappropriate for NWRA to take a position directly contrary to S.268. There are some good things in the bill. At this point in time, he thinks, and I tend to agree, that we would be ill

advised to directly confront Senator Henry Jackson on what appears to be one of his favorite subjects. Consequently, we have some-what of a problem. You will note that the National Governor's Conference went on record in line with NWRA in opposition to sanctions. Because of the ramifications of this bill, and the complexity of the subject matter, and the difficulty in explaining the same in a conference call with all of you, it appears to Carl and I that the best course of action would be to have each director contact key people in their State administrations to advise them of the possible ramifications of the enactment of S.268. Carl has provided each of you a draft of a report dated June 1, 1973, and attached hereto are three different working papers under I, entitled "Regulatory Authority", II, "Federal Control", and III, "Balance", with a copy of a cover letter addressed to Mr. Glenn Sullivan, of the Oklahoma Water Resource Board.

DIRECTORS

J. A. (Ted) Riggins, Jr. James F. Sorensen, Calif. J. R. Barkley, Colo. Robert T. Chuck, Hawaii John A. Rosholt, Idaho

Chris C. Green, Kans. Hubert G. White, Mont.

Judge William C. Smith, Jr., Nebr. Roland Westergard, Nev. Jerry D. Geist, N. Mex.

Milo W. Hoisveen, N. D. Clarence Base, Okla. Harold Henigson, Ore. Homer Engelhorn, S. D. John W. Simmons, Tex. Edward I-1: Southwick, Utah

E. F. (Don) Doncaster, Wash. Marlin T. Kurtz, Wyo. Paul W. Scott

Railroad Representative, Wash. Wesley D Ewart,

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• z

Board of Directors -2- June 12, 1973

Unfortunately, at this point in time, I haven't had any official comment from any one concerning Carl's mailings, but I am advised that both John Simmons and Clarence Base are working hard with their particular State administrations in trying to create an awareness and State position. We've got so much time and input in this matter now, I'd hate to see us abandon ship just because it looks difficult. The strategy is to inform State officials who will in turn voice their awareness to members of Congress, preferably not under the guise of an official NWRA position.

In my opinion, the most difficult problem which will be created by S.268, is the altering of relationships between land-owners and governments. Carl's page and a half dissertation re-flects concern for these rights which the former Senator Jordan from Idaho, and Cliff Hanson from Wyoming, brought up in the

September 19, 1972 Senate debate on the predecessor of the existing bill. I think that we ought to advise State officials that a

possibility exists that the Federal bill might override the existing State law between landowners and government. There is a distinct possibility, in my opinion, that S.268 might allow an indirect taking of property without compensation. We don't intend this as a scare tactic certainly, but I think that there is legitimate concern. As Carl points out, the total backbone of our Country, and the social and economic structure it is based upon, is the very primary right of a person to own land and to do the best he can with it. The majority of NWRA members are landowners. Are we ready

to allow State and local governments to make decisions as to future land use at this point in time by a totally untried process?

This brings us to II, entitled "Federal Control" under Carl's short outline dated June 6th. Those laws set forth at Tab A, give you some idea of the massive coordination that

would be necessary if only to marshall existing laws that effect land use. Our thought has been that it is going to take five years to inventory and set-up a coordination. As an example, our local District of the Bureau of Land Management held an environmental hearing in my home town last week to determine the future of present BLM holdings. Naturally the only persons in attendance are the

"have nots". They are the members of the general public who have this overall "do good" attitude because BLM's retention of all lands for recreation (whether or not they are so suited) gives them

slightly more of a landowner's interest than they have if the lands are made available for desert entrys, grazing units, and

other things which make our Country's economy viable. My suggestion is, and I would think that the Land Use Committee of NWRA would

concur, that Carl's three points are right - (1) the Government needs to put its own house in order, (2) it will take five years of study to develop a planning capacity, and (3) what are the land policies that we ought to have?

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Board of Directors -3- June 12, 1973

In Part III, entitled "Balance", Carl points out the dilemma of the problems which will be magnified by the passage of S.268. Those of you who have worked closely with NEPA since its enactment, realize the types of delays which are now

encountered, over and above bureaucratic delays of the past, to accomplish any "substantial" action. Visualize your community with the need for an expanded water facility, sewage plant, electric generating facility, or regional airport. Is S.268 really going to enable you to meet those needs as they arise? I question a positive answer. To me, it appears that the ability to accomplish these projects is more complex after the adoption of S.268. Any State plan that is adopted in your State must be made up of meaningful inputs suggested by reason-able people. The possibility is that the land use plan which your State adopts will have no relationship to what Senator Jackson indicates that he intends.

WHAT TO DO

It appears to me that each of you have to make contact with your State executive branches, State planning units, water agencies, and others who should have legitimate valid questions of the approach of S.268. These people should make direct

contacts with their Senators and the members of their Congressional delegations. Questions should be raised so as to encourage Senators and Representatives to become knowledgeable on land use planning. At this time the subject is so complex that probably no one other than Senator Jackson's staff assistant for land planning (and Carl Bronn) really know all the ramifications of the bill.

The points that I've raised in this letter, and those that are raised by Carl's draft of May 30th, should be passed on to your State leaders. Don't let any grass grow under your feet, because this matter may be on the Senate floor without much notice. If S.268 continues with the momentum it presently has, the pressures will be extreme to force the House into an early consideration of its provisions.

Please make an effort along the lines of this letter by directly contacting your State officials and asking them in turn to talk to the people who cast your votes.

I'm looking forward to seeing all of you at the summer meeting in Boise.

Sincerely,

C. JOHN A. OSHOLT0,1444P JAR:ddm

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NATIONAL WATER RESOURCES ASSOCIATION JUNE 15, 1973

TO: NWRA BOARD OF DIRECTORS SUBJECT: S. 268 -- LAND USE POLICY

Status:

RECD.

JUN C

S. 268 was introduced on the Senate floor this afternoon. Debate will continue on Tuesday, June 19.

Each of you has John Rosholt's letter of June 12. Discussion:

.ffstaveramatstso,

The early action on S. 268 precludes extensive effort with the Senate. However, some of you may wish to wire or telephone your hope that the Senate will not incorporate sanctions into the Act. You might avoid offering a rationale by stating that you agree with the position of the National Governors' Conference, namely:

..."At this morning's annual meeting of the

National Governors' Conference, the policy position on land use planning of the National Governors' Conference opposing the inclusion of any crossover sanctions in any Federal land use legislation was unanimously approved by the Conference."

..[Wire, the NGC to Senator Clifford Hansen, June 6, 1973].

As a hedge against moves by Senators Muskie or Neilson to require peLmits to change the uses of private lands, you could ask the Senators to oppos,e any such move. In this case, a ration-ale is: the Bill contains a thorough system for developing

recommendations for policy to be offered the Congress in the third year of the Act. Thus, the views of the States, the Council on Environmental Quality, and the inter-agency Board on permits --based on experience in the planning process -- will be furnished the Congress. Therefore, a decision now for permits is premature.

You may wish to suggest that protective regulations induced by the Act may cause massive devaluations in market values of

private lands. Therefore, the Act should state Congressional intent that the Act is not an intervention in State and local prerogatives -- as between use of eminent domain versus police powers -- to

control land uses.

Sincere _]y-r

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QUOTA RECAP BY STATES NAY 1973 STATE & QUOTA (b) BALANCE* 1/73 (a) DUE IN 73 (a)+(b) PAID IN MAY (c) PAID IN 73 REMAINDER [(b)+(a)]-(c) ARIZONA 4,000 -6.00 3,994.00 3,994.00 CALIFORNIA 8,424 889.50 9,313.50 877.50 2,638.50 6,675.00 COLORADO 4,800 -12.00 4,788.00 4,788.00 HAWAII 1,075 1,075.00 750.00 325.00 IDAHO 3,340 -6.00 3,334.00 3,334.00 KANSAS 1,320 -6.00 1,314.00 1,314.00 MONTANA 2,000 2,000.00 , 500.00 1,500.00 NEBRASKA 3,000 -36.00 2,964.00 200.00 200.00 2,764.00 NEVADA 1,500 1,500.00 1,500.00 NEW MEXICO 1,600 -129.50 1,470.50 1,470.50 N. DAKOTA 2,500 -32.32 2,467.68 2,467.68 OKLAHOMA 1,320 1,305.00 2,625.00 2,625.00 OREGON 3,000 -6.00 2,994.00 2,994.00 S. DAKOTA 1,440 720.00 2,160.00 1.00 1,441.00 719.00 TEXAS 4,000 -25.50 3,974.50 40.00 3,934.50 UTAH 2,500 -12.00 2,488.00 1,238.00 1,238.00 1,250.00 WASHINGTON 4,800 4,774.00 4,774.00 WYOMING 1,980 -6.00 1,974.00 1,974.00 SUB-TOTAL 52,599 2,611.18 55,210.18 2,316.50 8,278.00 46,932.18 MISC. CONTRIB. 5,400 -112.00 5,288.00 4,200.00 4,224.00 1,064.00 REALIZED, OTHER 16,400. 16,400.00 16,400.00 TOTAL 2,499.18 76,898.18 6,516.50 28,902.00 47,996.18 74 399. *(-) is a favorable balance.

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MAY, 1973 FUNDS CHECKED OUT

HIRES MAY CUMULATIVE BUDGET '73

1. Exec. Director (net) 849.91 3,399.64 14,000.00

2. Exec. Dir. (Def. Inc.) 1,600.00 3,200.00 9,600.00

3. Bunting (net) 395.20 2,206.07 7,300.00 4. Crane (net) 274.21 698.06 1,800.00 5. FICA 224.00 1,122.78 1,200.00 6. Withholding 282.00 1,446.40 7. Other taxes 8.19 431.33 8. SUM 3,633.51 12,504.28 34,025.00 SERVICES

9. Editor, Water Life 811.06 1,622.12 4,866.00

10 Water Life, Print 428.48 1,440.52 6,000.00

11 Water Life, mail 14.00 184.70 1,000.00

12 WeRX 0.00 332.49 660.00

13 Audit(1) 0.00 600.00 1,200.00

14 Legal

15 Maintenance & Rental 36.43 359.61 610.00

16 Reproduction, other(2) 84.43 928.71 1,000.00

17 Telephone

Local and Ans. Service 18.00 278.54 700.00

Long Distance 0.00 329.79 800.00

18 Rent 440.00 2,200.00 5,280.00

19 Postage, 1st class 0.00 482.78 900.00

20 Press Club Dues 60.00 115.00 220.00

21. SUM 1,892.40 8,874.26 23,236.00 OPERATIONS 22 Supplies 82.96 214.89 1,300.00 23 Purchase of Equipment 21.00 105.00 400.00 24 Board Support 0.00 399.25 800.00 25 D.C. General Bronn, special 50.00 235.00 600.00 Taxis, lunches 85.10 285.86 1,200.00 26 Convention Support 0.00 26.63 1,000.00 27 Publications 3.00 108.13 100.00

OPERATIONS CONTINUED NEXT PAGE (1) 1st half of 1972, paid January, 1973

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Fdrm II Cont'd

MAY, 1973 FUNDS CHECKED OUT

OPERATIONS MAY CUMULATIVE BUDGET '73

28 Travel

President 0.00 47.55 1,300.00

Bronn 0.00 274.45 3,000.00

29 Miscellaneous Employ. 0.00 325.87 2,000.00

30 Misc. & Contingencies 30.00 330.36 920.00

31 Wash D.C. Special

[incl. Cong. Recept.] 96.34 1,846.10 1,600.00

32 Data Processing Fee (3) 0.00 46.83

33 SUM 368.40 4,247.92 _11,920.00

34 Riggs Bank Service Charge 1.00 1.00

4,248.92

TOTAL FUNDS CHECKED OUT 5,895.31 25,627.46** 71,481.00

Incurred in 1972, paid in 1973. Data processing fee dropped as NWRA cancelled contract beginning 1/1/73.

Of the total amount, $933.84 was spent in 1973 for obligations incurred in 1972.

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Form III 4

CASH POSITION AND OVERALL RECONCILIATION

MONTH MAY YEAR 1973

1. RIGGS NATIONAL BANK, EXECUTIVE DIRECTOR'S ACCOUNT

a. Net balance beginning of month [prey. rept.] $ 2,859.54

b. Deposits* 5,075.50*

c. Total working fund [a+b] 7,935.04

d. Sum of checks written [from check book]** 5,895.31** e. Unexpended balance lc-d] end of month 2,039.73

2. RIGGS NATIONAL BANK, TREASURERS ACCOUNT

a. Net balance beginning of month [prev. rept.] b. Deposits

c. Total working fund la+b] d. Sum of checks written

e. Unexpended balance lend of month]

3. SAN JUAN SAVINGS AND LOAN ACCOUNT [Reserve]

a. Net balance beginning of month [prey. rept.] b. Transfers and interest into account

c. Total working fund Ia+b] d. Sum of withdrawals

e. Unexpended balance [c-d]

4. OVERALL

a. Cash available first of month b. New cash received*

c. Total working fund Ia+b] d. Funds checked out

e. Unexpended balance end of month f. Sum of ie,2e,3e $ 18,269.19 6,516.50 24,785.69 5,000.00 19,785.69 $ 29,305.82 0.00 29,305.82 0.00 29,305.82 $ 50,434.55 6,592.00 57,026.55 5,895.31 51,131.24 51,131.24 * $75.50 amount is due to recently voided checks. Stop payment

orders received this month -- NWRA had been carrying this amount as paid-out heretofore. Therefore, upon issuance of stop payment order, the amount reverts to the Executive Director's account, al-though not actually a deposit.

* * _{Takes into account $1.00 Service Charge from Riggs Bank.}

NOTE: Section 4 ignores inter-bank transfers [as between Treasurers and Executive Directors Accounts]; other sections do include such trans-fers. Use of deposit slips and checks written as base for Sections 1, 2 and 3 with use of Quota and Form II for Section 4 assures

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June 26, 1973 Mr. J. A. (Ted) Riggins, Jr. President, N.W.R.A. 111 West Monroe Phoenix, Arizona 85003 Dear Tp=c1:

Your recommended work assignment to the _{Water Users Committee appears to}_be

a useful, but sizable, task. It will require a chairman with considerable back-ground; with adequate time available to devote to the job; and, it seems to me, with that time almost immediately available if the examination results are to be used in attempting to influence any funding priority determinations by the

Secretary.

Admittedly, Colorado has several irrigation projects caught in the backlog and I appreciate your thought of selecting a ro!lradoan as Chairman or Vice-Chairman of the Water Users Committee. However, I am forced to state that the several Colorado individuals who have the competence to perform your suggested task are already burdened to capacity. While I am sorry to have to do so. I must suggest that the Committee officers should be selected from other States. In that regard. Texas has more than a mild interest in irrigation, and John Simmons might have a suggestion.

Incidentally, the note attached to your letter indicated three members of the Water Users Committee from Colorado. Actually, Ralph Adkins from Pueblo has been

tne Colorado member ot the Committee, and i would appreciate having him rcappointed. Robert W. Fischer, Denver, served on the M. & I. group and Harry Woodward, Denver, was named to the Recreation group. Fischer should remain with the M. & I. water people, but Woodward should be deleted from further participation. Woodward was formerly Director of the Fish and Game Department but has left the State of Colorado and, I hear, has taken some position with Trout Unlimited.

I am ...,,orry to be of no help, but I prefer to be realistic. Sincerely,

J. R. Barkley JRB:mc Colorado Director CC: Mr. Carl H. Bronn

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EnDKAL

Mnl'ER `21ES:RCES

ASSOMATIOK

DIRECTORS Milo W. Hoisveen, N. D. E. F. (Don) Doncaster, Wash.

J. A. (Ted) Riggins, Jr. Chris C. Green, Kans. Clarence Base, Okla. Marlin T. Kurtz, Wyo. James F. Sorensen, Calif. Hubert G. White, Mont. Harold Henigson, Ore. Paul W. Scott

J. R. Barkley, Colo. Judge William C. Smith, Jr., Nebr. Homer Engelhorn, S. D. Railroad Representative, Wash. Robert T. Chuck, Hawaii Roland Westergard, Nev. John W. Simmons, Tex. Wesley D' Ewart,

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COLORADO

Your Water Users Committee members are -- Robert _{W. Fischer,} 144 W. Colfax, Denver., Ralph Adkins, P.O. Box 316, _{Pueblo; Harry} Woodward, 6060 N. Broadway, Denver. Your Research _{and Ag Committee} member is Don Hervey, Colorado Agricultural _{Experiment Station, Fort} Collins.

(29)

tiArlIKAL

MYER MUMS

ASSMA11[10K

TO: J. A. (TED) RiGG1NS, JR. 111 WEST MONROE PHOENIX, ARIZONA 85003

J. A. (TED) RIGGINS, JR., President (Arizona) J. R. BARKLEY, First Vice President (Colorado) ROBERT T. CHUCK, Second Vice President (Hawaii)

CDC

JUN 1 9 1973

MILO W. HOISVEEN, Past President (North Dakota)

June 7, 1973

J.R. BARKLEY HOMER ENGELHORN

SUBJECT: A CHAIRMAN AND VICE-CHAIRMAN FOR THE WATER USERS COMMITTEE

Gentlemen:

You may know that Henry Shipley, Chairman of the Water

Users Committee, retired from the Salt River Project this Spring, and thereupon recommended to me that a new Committee chairman be appointed.

The duties of the Water Users Committee are to evaluate new events, and to recommend actions to the Directors. Ordin-arily, the Committee selects its own subjects -- but special subjects may be referred to the Committee by NWRA's officers.

I intend to recommend to the Committee that it examine the backlogs of Reclamation work [(1) authorized construction versus rate of funding; (2) feasibility reports cleared the States but not enacted into law; (3) feasibility studies auth-orized but not progressing satisfactorily]. The examination would have the purpose of recommending to the Directors the nature of special actions -- if any -- which the States and NWRA ought to take about the several backlogs.

Reasons for considering that this examination is merited

now are: (a) Secretary Morton -- who began last year an orientation away from irrigation -- is studying the construction backlog,

with a view to determining his priorities for funding, and (b) several State organizations are examining ways to up-grade the relative acceptability of their projects.

DIRECTORS

Chris C. Green, Kans. Hubert G. White, Mont.

Judge William C. Smith, Jr., Nebr. Roland Westergard, Nev. Jerry D. Geist, N. Mex.

Milo W. Hoisveen, N. D. Clarence Base, Okla. Harold Henigson, Ore. Homer Engelhorn, S. D. John W. Simmons, Tex. Edward H Southwick, Utah

..CONTINUED..

Railroad Representative, Wash. Wesley D' Ewart,

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-2-Now -- I consider that Colorado and South Dakota each have a special stake in projects oriented toward irrigation. Your States could provide a chairman and a vice-chairman with motivation to conduct a sufficient review to advise the

Directors. If you agree, I would appreciate your nominations. Copies of this letter are going to all Directors, that they may nominate Ito me] members of the Water Users Committee suited to the proposed task, and advise me of ideas they may have.

The Committee can expect support from Carl Bronn in

arranging the flow of whatever USBR data may be desired by the Committee. As to timing, I plan to have the Water Users Com-mittee at work before the Boise Board meeting.

Sincerely,

Te Riggi ., Jr., President N tional '(ater *- ources Association

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NI- VH1

-7

a if

LE2 2ESE1- Egia

MSEC OH

DIRECTORS

MILO W. HOISVEEN, President (North Dakota) TED RIGGINS, JR., First Vice President (Arizona) J. R. BARKLEY, Second Vice President

(Colorado)

897 NATIONAL PRESS BUILDING

Edward H. Southwick, Director

National Water Resources Association 1483 Wall Avenue

Ogden, Utah 84404

Dear Ed:

I. J. COURY, Treasurer (New Mexico)

LORIN W. MARKHAM, Past President (Washington)

CARL H. BRONN, Executive Director (Washington, D. C.)

WASHINGTON, D. C. 20004 (202) 347-2672

June 7, 1973

The Department of Interior repeatedly states a view that irrigation is not among the priority purposes of Rec-lamation. The Westwide study of the Bureau is being buttoned up under guidelines for priorities which do not even list irrigation. The National Water Commission is about to advise the President and the Congress that water projects to aid agri-culture [irrigation, flood control, and drainage] no longer merit any type of Federal subsidy.

I believe there is a consensus in NWRA that the fore-going views overlook both the long-range U.S. agricultural potential -- especially as relates to foreign exchange needs and also the regional implications of such changes in policy as I outline above.

It occurs to me that NWRA's Research and Agriculture

Committee might write for otherwise collect] papers which ex-amine the need for Federal water projects to aid agriculture. The papers would offer credible views to our own members, to be used otherwise within the States, and to be furnished to Congress and to the Executive Branch.

This letter is to ask that:

Ted Riggins, Jr., Ariz. James F. Sorensen, Calif. J. R. Barkley, Colo. Robert T. Chuck, Hawaii John A. Rosholt, Idaho

(1)..you discuss the practicability of such a task with qualified persons at Utah State [from among whom we might draw a Committee chairman].

Chris C. Green, Kans. Wesley D'Ewart, Mont.

Judge William C. Smith, Jr., Nebr. Roland Westergard, Nev. I. J. Coury, N. M.

Milo W. Hoisveen, N. D. Clarence Base, Okla. Harold Henigson, Ore. Homer Engelhorn, S. D. John W. Simmons, Tex.

—CONTINUED..

Edward H. Southwick, Utah Lorin W. Markham, Wash. Marlin T. Kurtz, Wyo. Kenneth L. Cook,

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-2-(2)..other Directors discuss the practicability with research and ag people, and furnish views to you; such views would include names of those like--TV—to participate.

Ed, I ask further that you assess the information received, and recommend actions and organization to the Directors at the Boise Board meeting.

Sincerely,

(XI')

J/A. (Ted)03/ggins ational_ Wat/er Res cc: NWRA Board of Directors

-., President rces Association

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U LA

DIRECTORS

ITA

Esc-IL-1Es

MILO W. HOISVEEN, President(North Dakota) TED RIGGINS, JR., First Vice President (Arizona) J. R. BARKLEY, Second Vice President (Colorado)

Edward H. Southwick, Director

National Water Resources Association 1483 Wall Avenue

Ogden, Utah 84404

Dear Ed:

LORIN W. MARKHAM, Past President (Washington)

WASHINGTON, D. C. 20004 (202) 347-2672

June 7, 1973

The Department of Interior repeatedly states a view that irrigation is not among the priority purposes of Rec-lamation. The Westwide study of the Bureau is being buttoned up under guidelines for priorities which do not even list irrigation. The National Water Commission is about to advise the President and the Congress that water projects to aid agri-culture [irrigation, flood control, and drainage] no longer merit any type of Federal subsidy.

I believe there is a consensus in NWRA that the fore-going views overlook both the long-range U.S. agricultural potential -- especially as relates to foreign exchange needs and also the regional implications of such changes in policy as I outline above.

It occurs to me that NWRA's Research and Agriculture

Committee might write for otherwise collect] papers which ex-amine the need for Federal water projects to aid agriculture. The papers would offer credible views to our own members, to be used otherwise within the States, and to be furnished to Congress and to the Executive Branch.

This letter is to ask that:

Ted Riggins, Jr., Ariz. James F. Sorensen, Calif. J. R. Barkley, Colo. Robert T. Chuck, Hawaii John A. RoshoIt, Idaho

(1)..you discuss the practicability of such a task with qualified persons at Utah State [from among whom we might draw a Committee chairman].

Chris C. Green, Kans. Wesley D'Ewart, Mont.

..CONTINUED..

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-2--(2)..other Directors discuss the practicability with research and ag people, and furnish views to you; such views would include names of those like--TT-to participate.

Ed, I ask further that you assess the information received, and recommend actions and organization to the Directors at the Boise Board meeting.

Sincerely,

-(Ted)J4ggins r., President ational Wat'er Res rces Association cc: NWRA Board of Directors

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MEMO TO:

National Water Resources Association June 22, 1973

NWRA BOARD OF DIRECTORS, WATER USERS COMMITTEE, JAY BAGLEY, ACTING CHAIRMAN OF THE RESEARCH AND AGRICULTURE COMMITTEE, AND L.E. DONEGAN, CHIEF LIAISON OFFICER, AGRICULTURAL RUNOFF.

At Enclosure 1 is a self-explanatory letter from the Environmental Protection Agency concerned with non-point sources of water pollution.

RiC

JUN a 5 1973

At the bottom of this MEMO is Section 304(e) of

Public Law 92-500 IWater Quality Act], the subject of the EPA meeting.

Any advice you care to offer should reach this office before July 2.

Sincerely,

G&til

Carl H. Bronn sA6

•"(e) The Administrator, after consultation with appropriate Fed-eral and State agencies and other interested persons, shall issue to appropriate. Federal agencies, the States, water pollution control agencies, and agencies designated under section 208 of this Act, within one year after the effective. date. of this subsection (and from time. to time thereafter) information including (1) guidelines for identifying and evaluating the nature and extent of nonpoint sources of pollutants, and (2) processes, procedures, and methods to control pollution result-ing from—

"(A ) agricultural and silvicultural activities, including runoff from fields and crop and forest. lands;

-(B) mining activities, including runoff and siltation from new, currently operating, and abandoned surface and under-ground mines;

"(C) all construction activity. including runoff from the resulting from such construction;

-(1)) the disposal of pollutants in wells or in subsurface excavations;

"(E) salt water intrusion resulting from reductions of fresh water 'low from ilny cause, including extraction of ground water,

rri“.a t ion, obstruct ion, and di version ; and

(F) changes in the movement, flow, or circulation of any navi-slable waters or ground waters, including changes caused by the construction of dams. levees, channels. causeways, or flow diver-sion facilities.

Such in and revisions thereof shall be published in the Fed-eral Register and otherwise made a vailable_to the public.

(36)

,

_00 s r47

A),

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

4). _{WASHINGTON, D.C. 20460}

PROlt-JUN 2 0 1973

OFFICE OF AIR AND WATER PROGRAMS

National Water Resources Association 897 National Press Bldg.

. Washington, D. C. 20004 Dear Sirs:

Public Law 92-500 requires various actions be taken in connection with non-point sources of water pollution. An early action is the issuance of information under

Section 304(e) by October 19, 1973. EPA has initiated action toward preparing this information.

An informal meeting to discuss the Section 304(e) information has been scheduled for 9:30 AM, July 3, 1973. The meeting will be in Room 3305; EPA; Waterside Mall; 4th and M Streets, S.W., Washington, D.C. Both the review of drafts of the initial one-year information and the

preparation of future information under the time-to-time requirements of Section 304(e) will be discussed.

Your participation in this meeting and the informal discussions following the brief presentation will be most helpful and appreciated. Further information concerning the meeting may be obtained by contacting William C. Shilling, Chief, Non-Point Source Control Branch' (426-2663).

Sincerely,

if

Albert J. Erickson, Director Division of Water Quality and

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REC

ADN

1.1

A. J. I nristopher, Pembina Jurues I. Coleman, Grahdlor6 binaleuter Hord City Gra] ton Fmer,on, nurck . Frad Fredrickson, VL!ley City GaltuLdler. 1 (dlindbe rg Minot Pop) Gregory, lart/o Put Goggin, cape ton "1,toid Hanson, us nyland htir,On, Greed hirks 1.a:khowitz, Furgo ilerb Lyons, Jamestown James W. Moore, Bismarck Robert Nlassee, Grand horks Phil Nclson. Mrs. Daplina Nyg:ia0, J.aniestown • Curt Olson, Vailey City Chdt Reiter:. Minot John Rouzie, Bismarck Robert A. Stranik, Dickin,on Bismar,:k Trenbeath, Neche Dunie4.-R. l\esth:Jgo N',1 Ileus den,

04204101en Zee(flrli Ye% WEDNESDAY, JUNE 27, 1973 HOLIDAY INN BISMARCK

To Friends of Milo:

,

flonoring Milo Ho isveen

For Distinguished Service

Our friend, Milo Hoisveen, will retire July 1 endi1-11"6LOC peeir dedicated and distinguished service to North Dakota and the Nation as Chief Engineer and Secretary of the State Water Commission. This service should not go unrecognized. We know you join the committee in this belief and will want to do your part in a testi-monial to Milo and .his leadership in development of that precious resource - Water!

This is your invitation to attend a recognition dinner for Milo Wednesday, June 27, 1973, at the fine new banquet facility at the Holiday Inn at Bismarck. A six o'clock no-host social hour will precede the seven o'clock dinner.

Tickets to the dinner will be $7.50 per plate. Ladies are welcome and urged to attend.

It is appropriate that a suitable gift be presented to Milo and his good wife, Hollis. So, we are asking you to contribute to the giftin a suggested amount of $5 to $1O.

-Also to be presented to the honored guest will be a book of testi-monial letters. You are invited to mai 1 your personal letter -unfolded - to the committee secretary at Box 50W, Minot , N. D. 58701. This will be inserted in a proper booklet for presentatiou at the dinner.

Former Gove.,_rnor- William L. Guy has 'agreed to be Master of Ceremonie arid-G-Overnor Arthur A. Link will be among the testimonial speaken; A reply card and a self-addressed envelope are enclosed. We will appreciate receiving your check by June 20, .so propearrangementts can be made. Your tickets will be ready at the door.

Thank you and please favor, us with an early reply. Sincerely,

R. L. Dushinske, Se cr et ary hoisveen Peconition Committee Wail all•

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4

NATIDNAL

ASSOCIATION

097 NATIONAL PRESS BUILDING 0 WASHINGTON, D.C. 20004

Russell Dushinske, Secretary Hoisveen Recognition Committee

June 21, 1973 7,r Russ:

As agreed

by

telephone, you will arrange [and at NWRA expense] the

past-plaque.to be presented to Milo retirement banquet.

Enclosed is a testimonial for Milo's It may be.suitable for use by the itary acting for the Association --.H hands Milo the plaque.

I would very much like to attend, but _ra is no chance. Sincerely, 7,-, Carl , 1,1.11.111,11(1,4,1. 11 ,1 ,1 (11,,

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(39)

I

MILO W. HOISVEEN, President (North Dakota) TEL) RIGGINS, JR., First Vice President (Arizona) J. R. BARKLEY, Second Vice President (Colorado)

OR IN W. MARKHAm, Past •President (Washington)

WASHINGTON, D. C. 20004 (202) 347-2672

June 27, 1973

A TESTIMONIAL TO MILO W. HOISVEEN

ENGINEER, PUBLIC WORKS ANALYST, AND PUBLIC SERVANT

Noteworthy among the many outstanding accomplishments of Milo W. Hoisveen as a Director, a Vice-President, and the President of the National Water Resources Association, are the following:

DIRECTORS

Ted Riggins, Jr., Ariz. James F. Sorensen, Calif. J. P. Barkley, Colo. Robert T. Chuck, Hawaii John A. Rosholt, Idaho

...Milo W. Hoisveen encouraged the first public presentation of a sweeping proposal for a "whole" approach to water development. The proposal was: dethrone the benefit-cost ratio as king of the evaluation system; subordinate it, along with the benefits counted only by the ring of the cash regist'er, to broad objectives sought by society. ...Milo sponsored this proposal away back in 1968, before multi-objective evaluation had even been suggested by the Water Resources Council! The proposal, unveiled at a meeting of the North Dakota Water Users Association, pointed water development at -- (1) the enhancement of human values; (2) the use of non-monetary measurements to predict the growth and spread of benefits,

plus (3) the conventional ring of the cash register. ...Milo's faith in this new approach caused the

NWRA Board of

birectors

to adopt 'it for official presentation to the Interior and Insular Affairs Committees of the Senate and House, in February of 1969. The responses both places were highly favor-able. In fact, the Chairman of the Senate 'IA. Committee publicly announced that his staff would draft legislation to support the proposal.

Chris C. Green, Kans. Wesley DTwart, Mont.

..CONTINUED..

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-...Milo also foresaw the implications -- good and bad -- to the uses of water and land of draft bills for Clean Water and for a National Land Policy. Milo personally campaigned to interest the States and industry in both bills. He raised money especially for the purpose of improving the proposed National Land Policy legislation.

...Further, on his own initiative, Milo sought the improvement of the Small Projects authorities of the Corps of Engineers. His purposes were to enlarge those authorities both as to financial limit and scope. In this, he was successful in gaining the support of the State of North Dakota, and its Congressional delegation.

Thus, for the Directors, and on behalf of Milos multitude of friends in public works, we commend him publicly, and send wishes for many happy years in retirement.

Carl H. Bronn

Executive Director

National Water Resources Association

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RECD.

JUN 6 073

ONAIL

ASSOCIU

J. A. (TED) HIGGINS, JR., President (Arizona) J. R. BARKLEY, First Vice President (Colorado) ROBERT T. CHUCK, Second Vice President

(Hawaii)

MILD W. HOISVEEN, Past President (North Dakota)

June 1, 1973 [Afternoon]

TO: NWRA BOARD OF DIRECTORS AND JACK ROSS, LORIN MARKHAM, HAROLD CHRISTY, HUGH SHAMBERGER.

MARLIN KURTZ died suddenly this morning, I believe while breakfasting with Lois. Neither time nor place for services are set, except to be in CODY [perhaps Monday].

Additional information will become available to Donald Brosz in Laramie [Tel: (307) 742-65651.

NWRA shall arrange for a wreath.

"-I

DIRECTORS Milo W. I loisvoori, N. D. E. F. (Don) Doncaster, Wash.

J. A. (Ted) Riggins, Jr. Chris C. Green, Kans. Clarence Base, Okla.

Marlin T. Kurtz, Wyo. James F. Sorensen, Calif. Hubert G. White, Mont. larold Henigson, Ore.

Paul W. Scott J. R. Barkley, Colo. Judge William C. Smith, Jr., Nebr. I tomer Engelhorn, S. D.

Railroad Representative, Wash, Robert T. Chuck, Hawaii Roland Westergard, Nev. John W. Simmons, Tex.

Wesley 0' Ewart, John A. Rosholt, Idaho Jerry D. Geist, N. Mex. Edward ft Southwick, Utah

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RECD.

JUN 1 1973

i/ A

1)

1.1 /TO

J

TO: Ik`.1

NATOONAL

ESzaiji MIES

ASSOCIIATEK

J. A. (TED) RIGGINS, JR. 111 WEST MONROE PHOENIX, ARIZONA 85003

J. R. BARKL EY, First Vice President MILO W. HOISVEEN, Past President (Colorado) (North Dakota)

BOARD OF DIRECTORS

May 29, 1973

SUBJECT: LEGISLATION FOR NATIONAL LAND USE POLICY

The Senate Interior and Insular Affairs Committee has just now agreed to the final version of Senate Bill No. 268 -to establish a National Land Use Policy.

The final version is not substantially different from the one I outlined to NWRA's Land Use Policy Committee last week. The final version is to be printed this Friday and will then be sent to NWRA's Land Use Policy Committee. [The final bill will comprise about 73 pages. Our outline comprises 28 pages.]

NWRA's Land Use Committee [using the Outline, with final check against the full bill as soon as the Report is published] will soon offer its recommendations to the Board. The recommendations are expected to guide Board members in actions with State Associations, for furnishing views to respective State Senators.

..in preparing its views, the Land Use Policy Com-mittee is considering especially NWRA's Resolution No. 72-1, on "Land Use Planning Process."

..in this, the Committee has the difficult task of determining whether measures in the Bill for safeguarding property rights and toward actions to support National goals, are likely to be effective.

Representatives of many associations concerned with production, and with the siting of production facilities, debate among themselves the probable impacts of S. 268. Also debatable is whether opposition to S. 268 would result in a version with even more uncertainties or more certain interference in property rights and siting of productive facilities.

..to afford Directors an authoritative review of the changes in attitudes about land use which cause support

DIRECTORS

Chris C. Green, Kans. Hubert G. White, Mont

Judge William C. Smith, Jr., Nebr. Roland Westergard, Nov,

Jerry D. Geist, N. Mex.

Milo W. Hoisveen, N. D. Clarence Base, Okla. Harold Henigson, Ore. Homer Engelhorn, S. D. John W. Simmons, Tex. Edward H: Southwick, Utah

—CONTINUED..

Railroad Representative, Wash. Wesley D' Ewart,