26. 27

(1)

ANNUAL PRECIPITATION 2 TO 30 INCHES • ANNU ... L PRECIPITATION 30 TO 110 INCHES •

U. S. Weather BUrMU

DEDICATED TO THE TASK OF PROVIDING ADEQUATE WATER FOR A PROFITABLE AND'DIVERSIFIED IRRIGATION AGRICULTURE IN WESTERN AMERICA-AN-EXPAN.

SION OF WAR FOOD PRODUCTION THROUGH MORE IRRIGATION-THE CREATION OF NEW FARM OPPORTUNITIES AND THE STABILIZATION OF DROIlGHT AREAS.

1119 NATIONAL PRESS BUILDING. WASHINGTON 4. D.

c.

A RESU!1E OF THE CONTROVERSY OVER THE vl11.TERS OF THE NATIOn

In spite of the "short-shift" which the National Rivers and Harbors Congre3s ga.ve those of us who were present at the New Orleans meeting July

26. 27

and 28 and insist- ed upon Amendments to the River-Harbor and Flood Control Bills, we do not believe that the Congress of the United States, rogardless of its political F.~ke-up, or the Presi- dent, regardless of his political affiliation, or the people, will permit tho Army Enginoers and the water navigntion interests of this country to Federalize nIl tho streans of the Nation under the COIT~erce Clause of the Constitution and in the abso- lute control of the Chief of Army Engineers. If anyone has any utisGivings on this subject let him review the history of the Rivers and Harbors ~nd Flood Control Bills now before tho Senato, which, if passod in their present form, would accomplish that and more.

Here are some of the signs that he who runs rny read if he is not total:t.y blind.

Excer ts from President Roosevelt's Letter of February

7,

1944 to Chairman I~nsfield

o he Rivers and arbors COTluni tteo of the House.

"I am convinced that the bill ill certain pa.rticulars overlooks the fact that the full development of the country's natural resources calls for the evaluation of ne.vigation projects in the light of their effect upon related uses of wa.ter, including irrigation, power production, flood control, and fisherie~. In addition# such full development calls for authorizations which will insure the utilization of water for these

ro-

lated purposes in accordance with the over-ull policies and administra-

t~ve procedures appropr~aie to each particular use. Here I have in mind the policies and procedures established by the Congress through such basic enactments as the Reclamation Act of 1902***:. Unloss tho ponding bill is amended in certain respects I am fearful that some of its pro-

V~Sl.ons might tend to rotc.rd rnther thnn to faci1itF-I.te tho accomplish- ment of its great purpose.

***

(underscoring added)

nIt can hardly be questioned that the best ^w~.yof accomplishing this objective is under the tested procedure of' the Federal Reclamation Ut.ws.

Accordingly, I recor.u~end that suitable provisions also be ~ade in tho Bill for the undertaking by the Bureau of Reclarration, in the form and manner prescribed by these laws, of reclamation works connected with or depondent upon projects covered by tho bill."

Here Are Excerpts from Budget Director Smith's Letter to the Secretary of War Dated February 16,

1944.

"The proposed report of the Cl"!ief of Engineers does not !:lD.ke clear what his views are as to the ultimate relationship that should prevail among

OFFICERS O. S. WARDEN. PRESIDENT ORA BUNDY. FIRST VICE-PRESIDENT ROBERT W. SAWYER. SECOND VICE-PRESIDENT

J. A. FORD. TREASURER

F 0 HAGlE. SECRETARY-MANAGER

HUGO B. FARMER. YUMA. ARIZONA

J. R. FAUVER. EXETER. CALIFORNIA

CLIFFORD H. STONE. DENVER. COLORADO N. V. SHARP. FILER. IDAHO

E. PORTER AHRENS. SCANDIA. KANSAS O. S. WARDEN. GREAT FALLS. MONTANA

DIRECTORS H. D. STRUNK McCOOK. NEBRASKA A. M. SMITH. CARSON CITY. NEVADA E. W. BOWEN. TUCUMCARI. NEW MEXICO HARRY E. POLK. WILLISTON. NORTH DAKOTA FRANK RAAB. GEARY. OKLAHOMA

ROBERT W. SAWYER. BEND OREGON MILLARD G. SCOTT. PIERRE. SOUTH DAKOTA MILTON E. DANIEL. BRECKENRIDGE. TEXAS ORA BUNDY. OGDEN. UTAH

J. A. FORD. SPOKANE. WASHINGTON W. F. WILKERSON. CASPER. WYOMING

(2)

VOL. VIII,NO. 16, PAGE 2

the plan proposed in this report, the proposed nine-foot channel project for the r-Iissouri River between Sioux City and the mouth

* ••

and up-stream uses of the water resources of the basin.

ttl have ta.ken the proposed report up with tho President ••• the authori- zation of the improvements recommended therein by the Chief of Engineers would not be in accord with the program of the Presidont, at loast at the

present."

That President Roosevelt was of the same mind on June

13.

1944 is indicated by the following:

Excerpts from the President's Letter of Juno 13. 1944 to Senator Overton, Chair~an of the Senate sub-Corrmuttee on Commerce which held hearings on both the ~iver-Harbor and Flood Control Bills.

"As you yourse1frecognize, moreover, the problem of the use of the waters of the Missouri River requires further consideration. In rrry judgment "tihe compromise that you propose does not quite offer the solution. It is n~

understanding thnt if navigation facilities were constructed on the main stem of the river_ the water required to make them useful might deplete supplies needed for irrigation.

ttr

think that when considering that part of the country in which the laws of nature inexorably accord to the beneficial consumptive use of water a primary role, we must bow to those laws in our plans and legislation to the fulle st extent compatible with the full comprehensive development of our streams for thG good of the Nation as a whole. Several suggostions have been put forwn.rd in the Congress, some as amendmen-ts to the river and harbor bill, which have merit in firmly establishing the primary

impo~tance of the beneficial consumptive use of water without requiring any cossion of Federal jurisdiction under the C01'il1rerce clause of the Constitution. I fully agree with you, of ^C0¹lrse. that any moans of solution that may be adopted Ir'ust be workab IG and equitable. I realize the immense complexity bf the p~ohlem, but I hope that you and your colleagues will find ^!lway to 'Nork it out within the genera.l confines of these principles."

The Democratic Party Platform.

This letter of President Roosevelt's to Senator Overton was picked up and refer- red to by the Platform Con~ittee of the National Decocratic Party in Chicago when they wrote and approved as e. part of their Uational Platform this:

t1We endorse the President t s Statement recogn:uang the importance of the use of water in the arid If'.nd states for domostic a.nd irrigation purposes. ^U There is no room to question where President Roosevelt and the Democratic Party stand on this issue.

The Republican Party Platform.

Nothing is left to the imagination in this statement from the Republican National Platform.

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VOL. VIII, NO. 16, PhGE

3

"We favor 0. oomprehensive program of reclamation projects for our arid and semi-urid stutes , with recognition and full. protection of the rights and interosts of those states in the usc and control of w~ter for resent

~future irrigation and other beneficial consumptive uses •••

sooring added)

So much for our two party platforms which were adopted in June and July. Now what has happened since'? In the first week of AUgust2

Twenty-six Republican Governors, Including Governor Dewey and Governor Bricker, Met In st. Louis, and ~~om An Associated Fress Dispatch We Quote:

urn a brief declaration on water resources, the Governors stated:

tt1\ policy of co-opera.tion, co-ordination and understanding among the various Federal agencies and the States in connection with the development of our water resources should be established. Such developmont should recog- nize and fully proteot th e rights and interests of the people of tho

several States in the use and control of water for present and future irrigation, waterways, power, flood control and other beneficial uses. n

Our guess is that if the 22 D~mocratio Governors should meet next week or in September with President Roosevolt and Senator Truman fer a purpose similar to that which brought the Republican Governors together, that the position the.y would take

in so far as our water resources are concerned would also be 100 percent in accord with those who have been striving to rumend the Rivers and Harbors and Flood Control Bills, to preserve western water for western use, tho integrity of state water laws, and some local say-so on wha.t shall be done with our respective rivers.

In the face of these crystal-clear statements from President Roosevelt, the Demooratic Party, the Republican Party, and 26 Republican Governors, we have a Rivers and Harbors Bill and a Flood Control Bill reported to the Senate for early consideration by an Army Engineer influenced Senate sub-Committee that would put the Army Engineers in complete control of every drop of water romaining in the Missouri River Basin, that would put the Arrny Engineers in control of every reservoir in the United States, private or public, now built or to be built, that would over-ride state water laws in every state of the West 'and which would eventually make the Army Engineers a national T.V.A. in control of every river of the Nation.

(4)

Recommends Committee Formulate Proposal for Fed- eral Legislation Recognizing Consumptive Use of

Water Paramount in Arid West-Formulation of Basin State Committees to Solve Interstate

Water Differences-Urges Study of Proposal to Limit Federal Jurisdiction of Non-

Navigable Waters

* *

WHEREAS the committee appointed by virtue of Resolution No.9 of last year's session has made its report herein and the recommendations thereof in respect to policy have been adopted and a policy de- clared by this Association in accord with recommendations of such committee; and

W HERMS in order that said recommendations may be carried out and such policy be established, it is necessarv that further action be taken: Now therefore be it .

Resolved) as follows:

1. That the said committee be continued.

2. That it make a study of and formulate a proposal for the adoption of Congressional legislation recognizing the paramount and most beneficial use of water in the arid and semi-arid states to be consumptive use and requiring Federal agencies dealing with water to observe such policy and that appropria- tion of water for such use and water uses in general be in conformity with applicable state laws, such proposal to have proper regard for the authority of the Federal Government to maintain navigation but at the same time so far as practicably possible give the states control over all uses and water within their borders.

3. That the committee urge the formulation by the various states of basin committees as a means of dis- posing of differences between them concerning interstate waters; that it endeavor, in all instances where the question of the control over waters by the state is raised by the Federal authority, to persuade the proper officials in the various states to be represented in the proceedings in which such claims are asserted, in opposition to such claims.

4. That it give study to a proposal for legislation to be submitted to Congress properly limiting the jurisdiction of the Federal Government under the Commerce Clause of the waters of streams which are in fact non-navigable although portions thereof may be, or they are tributaries of streams which art navigable, and at such time as may be deemed advisable take such steps as are necessary to secure its consideration by the Congress.

RESOLUTION NO. 18

Recommended by the Resolutions Committee and adopted

by the National Reclamation Association, October 29, 1943

(5)

.-

ed:

Report on NatioTlul Rivers and Harbors Congress Heeting

a.:.

New OrleD.ns July ~6,

27 ,,'

?l3.~~~

,

This report written by one of the

40

men present who

I

attempted to untangle thE: legisla.tive snarl by amendments. has just been received.by the

N.R.A.

office.

We pass it along as a vivid desoription of the New

Orleans !'!leeting. _ _ ~

Purposes of the Conferenco as announced by President Dewey Short in June inc lud-

"To discuss ane devise ways and means to untnngle the legislativ~

snarl that threatens Senl\t0 defea.t of the House pn.sSGd flood control und river -hurbol" author:t ZfJ. ti on bills. tt

Also pl~ns for securing approprintions for sturti~g construction of authorized projGcts.

No plan was proposed by the conference to reach an agreement with persons who while not opposed to authorization of naVigation projects, do hold views, that ir..- tcgrity of our state water laws and priority of beneficial consumptive uses of wutor in the arid and semi-a.rid states should be rr;aintained. Ho one representing views at va.riance with the provisions of flood control and. rivers and harbors bills was invit- 6d to take part in the program of tho oonforence.

All of the a.bove was well understood prior to the meeting" nevertheless it vIas thought advisable that a. few representatives from western and other states that desire amendments to bills now before the Senato. should be prosent in order that no opportunity be lost to work cut a conpr01nise or solution of the existing logislative situation.

The meeting a.s conduoted turned out to be a forum for,

(1) Extolling the ability and virtues of the Army Engin.eGr Corps.

(2)

To expound the c.octrine of "no priority" for usn of water for any purpose othor than dUJTloJJ~ic uso.

(3) Advocate placing of sole D.¹xt}"lvrlty in Army EnGineers over waters in all navibable str~;aus. for s~oring same for flood control, and divis:"on of said waters for navigation, irrigation and oth17r purposes.

(4)

That control of all privately constructen dams on navigable waters be placed solely ir1 the Army EnGineers.

(5) That the Secretf\ry of Interior. shull r.o·t horeafter hr...vo Huthority to construct uddi tio:-.:.al v'/orks for irrigation pUrpO;3GS in cormeetion with any dam or reservoir constructed under the direction of the Secretar:r cf War, until the Secretary uf War has mude a detormin:o- ation that the same may be utilized for the proposed purposes, and further, t.hat thoro has b,.:;on a report and findings regarding water users ability to ropay as requirod by roolumr..tion la.w, and further,

0. speoific subsoquent authorizution by Congress.

(6)

- 2 -

A secondary purpose of the conference was to promote a deep seaway from New Orlenns to the Gulf. More than

50%

of the time of the Frojects Commi1jtee for three days wa.s devoted to hearings on this project, which was of course approved.

Wednosday, July 26th. No regular session of the Conferellce. The Projects Com- mittee was in continuous sossion from en.rly I~orning until lnte in tho evening. E. H.

Rising was named an one of twelve members of the projects cc~~~ttoe representing

"Westorn Inter-Mountain Division."

Delegates representing western and New England states held r:nny conferences.

Texas had a large delegation presont and voted almost unnninous ly to support our views.

Thursday, July 27th. Projects COITJrrittee continued sossion. General Session 'of Convention. largely devoted to welcoming addresses, al!.d address of General 1"RX Tyler, USA, President, Nississippi River Con~.

At the noon luncheon, which was packed with local people, the purposes of' the Conference were fully brout;l:t to suri'ace. Senator I"1cClellan of Arkansas presided.

The Senator is the author of bills which confer a.dditional authority in Arr:w Enbineel"s, including item (5), paGe 1 of this report. Senator Overton was one of the principn.l speakers and devoted hii!self to whipping up enthusia.sm .for resolutions to pass flood control and rivers and harbors bills without aIl~endments, and telling how he had offered to comprorrise by allowing the Buronu of RGclamation the right to build a.s

!Tany reservoirs as they wa.nted to on

" :ine

tl'::"butaries of' the Missouri. earefully re- serving however the right of the Arr:J.Y Engineers to go in on tributary streams and build flood control ':'"es8rvoirs. In facti, the rivers and harbors bill carries full authorization to the Ar!~r Engineers to build a large nunber of storage reservoirs on all of the ma.in tributaries of the Missouri. Senator Overton strongly sta.tes his determination to fight to ~he end for tho right of Congross to authorizE' construction of a.ny river proj ect without securing consent of aIly State. Jenat or Overt on Vias loud in his praise of the Army Engineers a.nd fayors apparently leaving full control of waters of our l18.vj gable strear1s to Arrr:y Engineers ,,-lith no priorit~1' of rights for con-

sumptive purposes for anything but domestic use.

General Reybold came ri.ght out in "praise of individua.l engineers of the Corps of Engineers, stating they had received their t.~aining for war by pe&ce-tine construo- tion and that the Corps TllUst ha.ve this sarno type of Vlork -to perform aftor the war to maintain their organizati"on. The General admitted that in spite of the denands of war the Corps V-/aS going ri~ht ahead with its peace-time progrum, in v/ords as follows:

"In spite of the grec.test I'lilitinry responsibility of all tirtes, we of tho Corps of Engineers have been able, within certa.in limita.tions, to continue our progra.n of plam1ing, de'signinG and engineering of' worthwhile waterway ~·rojects.

Friday. July 28th. Announcement of mer.bers of Resolutions COIr~ittee. I"kmbers were elected by thoso presont frOM various states. E. W. Rising beine; only p0rsor ...

present, was the sole representa.tive of l'1ontana. and Idaho# and. -therei'ore. their represente.tive on thl? Resolutions Com.r1ittee.

On call of the General Chairman the COI"l.r.U. ttoo mot o.t 10:30. Senator OVfJrton appearod as the dosignated Ch8.ir:rnn, ').nd immodiate ly presented D. complete set of resolutions that had already been mimeographed and cO!n1r..itted the Riyers and Harbors Congress to support of' bills, H.R. 3961 and H.R. ~85 as now before the Sonate.

Adoption as a !c'edera.l policy of princ:~ples ⁽⁾^£ McClellan bill 3. 1519 and Maybank bill S.

1576

incorporated in oection 1 of flood control bill H.R.

4485.

Another resolution

(7)

• 3 -

opposes t}lO 0' J'1).honey and Millikin a.mendments to pending flood control and rivers and harbors bills. Senator OvlJrton refused to divulge the (luthor

or

^tho ^SOUr0G ^{of the}

pr(~:-conv0ntj ·)n prepared resolutions which WEire submi tted' to tho COInmi ttoo.

Ployd Hagin and Clifford H • . stone# together with delegates from western and New Engla.nd [;tat6s appointed a. commi.ttee to prepare a sta.tenent whioh was offered to the Res 01 utions Cmmni. -ttee as a subeti tutc part ioule.r 1y to the provis ion reje'Jtinc the 0' I-tl.honey araendlnents. The Projedts Connnittee ha.d previous ly ref'.lsed to permit a heal'- inf; on our posi ti\)n~ The Gubsti tute was of course prepared wi th\)ut al1~r opportunity of knoviing anythinG wh'l-Gever t.\bout the resolutions that v/ould be offered by the pro- ponents of rivers £Lnd harbors and flood control bills. The Ch9.irr::an (Senator overton) at first ruled against hearint~ our group~ but finally, assured that we had been pro- mised a. hearing before the res01ucioll.s committoe, he agreed to listen to trudge stone for about twonty minutes. At conclus ion all not member:.:; of COTJ1 ... ,:,J.ttoos retired and a mot ion of Jud go Parker (of Verr.1.ont). sDoondf;d 'by E. W. Rising to substi tu·to our re- SOl1,.ltion was rejected by vote of' eight ~o twelve. ThE: stear!: roller then completed approval of prepa.red resclutions and adjourned.

on

^the ^{flDor of}^the conference. the project committee's report which was never submi tted t 1 a regular Jaee'bing of the cm:U'ni tteo was presented and approved.

Sena.tor Overton then prcs('ntod tho report of tIlE) reS olutions COT2mi ttec and by ruling of the Chairman, a !.""!0tion to approv~ all except tt.e 0' !-1B.honey ar.:endr.:.ent p!"e- v~ilod ⁰ A motion was' then r;adt: by GlElml Saunders of Colorado nnd seconded by

Mr. Simons of' No. Dakota to substitute our resolution. Judge stcme and the gentlemen frem Colorado and No. u8.kota who mad .. and sec~)llded the r.lotion to substitute 'N(~re then heb..rd briefly f,f.l.d Senator Overton at J,ength and CongresslT'.an Case briefly in \1pposi~'

tion!t whereuI'()n the cc'nV'ention rejected our LU"lendnent and f;~pproved the. origilli\ll~r

prepared amendmont and adjourned.

It is cler..r thnt while it might be possible to compronisB on tho !nf~t~er of

autho:tizr:.:.tLm (:f 3pecific projects t~) be constructed by tho Army EnginoerG and/or the Bureau of Reclar."£1.tiun, there is no thought on !:;he part 0f the propo:r..ents of existing bills now bef-Jre the Congress. to cor:prQrnise 0n the question c:f priority of use of water.

Senator Over'bon in his statement before the conferer.ce clearly stated he would never yield on question of giving any S·tE .. te authority to pla.ce ob,jections in way of construction of a proje.:!t authorized by th~ Congress. --stating p.lso that he refl.l- ized th'3 pendinE 'battle would be one of the e;reutest and fierer-st fiChts ever staged in Congress. Our representatives, while maintaining a position of beinlS willing to make changes in If:lnguage of our amendments and makinE every possible effort to reach an agree~:lcnt, sta.ted that. if fillally forced to a finish fight could be depended upJn to put up u scrap to the end in defense of priority of l~oneficial consumpti va use of water for our o.rid 1111('. semi-arid states.

There is no question in ~ mind that the consumptive uses of water VB. full control by awr.y wi th ad17'.inistrf.I.·!jio~ of our state laws by benevolent decisions of District and Division issued by the Secrotary of Har in Washington.

issue has becm71c Army Engineers.

our state Courts Army Engineers

priority of beneficial In other words, doing a.nd s'ubsti tuting the under instr .. wtions