RES UTI

RES 0 L UTI 0 N S

NATIONAL RECL1J_'1ATION ASSOCIATION

PHOENIX, jllnZOL~A OCTOBER

15,

16, 17,.1941.

No.1

~rnEREAS,

be

c

ause of insufficient labor, there was a

loss of crops d

u

ring the past harves

1:.

ing season, which

c

rops were

ne

c

ess

a.

ry to

t

he

n

ationa

l

defense program, and

vffiEREAS, in

c

reased

c

rop prod

uc

tion is urged by the

Depar

t

men

t

of Agri

c

ult

u

re, and

WHEREAS, in the fa

c

e of in

c

reasing defense demands the

prospe

ct

s for labor in

t

he nex

t

farm season is less promising

th

ari for

t

he pas

t

seas~n.

NOW, THEREFORE, BE IT RESOLVED by the National

Recla-ma~ion

Asso

c

iation that a

l

l Federa

l

agen

c

ies managing

l

abor sho

u

ld

b

e

c

oordinated and definite plans made for furnishing labor for

t

he plan

t.

ing and h

a

rves

t

ing of

t

he 1942

c

rop, and all non-essentia

l

ac

tivi

t

ies should be s

u

spended during the pressirig agricul

t

ural

periods.

No. 2

WHEREAS,

indications point to the development of a

serious sugar shortage in the United States within the next few

months, and

1rIHEREAS, the sugar act of

1937

will expire at the end

of the present fiscal year, and

1rmEREAS,

a large increase in the production of beet

sugar is

essential

to prevent a sugar shortage, and

~rnEREAS,

many irrigated districts in the vlestern States

need and want more beet acreage.

NOW, THEREFORE, BE IT RESOLVED by

this

Association,

t.ha

t

the

Congress of

the

United States be urged

to

enact

legis-lation

at once _'enewing

the present sugar act with amendments

permit

G

J..l1g

a

large

permanent expansion in beet sugar production,

and

BE IT FURTHER RESOLVED,

that

a

copy

of this resolution

be sent

to

t.he Secretari.es of Agriculture, Interior, and State

and

to the

Senate and House of Representatives of the United

St8.tes and

t

o each of the Senators and Representatives of Western

states

in Congress.

No.

3

vi

HERE AS , the Secretary of Agriculture llIB.S recently quoted as stating, "food will win the war", pointing out further that the speeding u? of agricultural production is vital to the welfare' of this country and democr2.cy throughout the vmrld, and

1tlHEREAS, during the present year disastrous floods have again occurred in many of the Western states, causing great losses of ?roperty, agricultural products and other materials essential to the national

defense, and

vJHEHEAS, this Association has heretofore endorsed provisions for Federal vJorks to control floods in the Western states where life and property in highly developed agricultural and industrial areas together with the continued production of foods and other materials essential to national preparedness are involved, particularly in certain areas vlhere the damage from floods is of such magnitude and frequency that it substantially exceeds the cost of its prevention, and vlhere delay may result in losses detrimental to the national security and seriously impair the production of adequate sup;::>lies of food and other materials vital to the national defense, and where projects of such character vIi thin the 1-!estern states have been approved by or

presented to the flood control committee of the House of Re:)resentati ves d'lring recent sessions of the Congress, but action thereon has been delayed, and

vJHEREAS, on defense construction such as the building of army and navy airports and cantomnents rapid progress is being made, and the completion of the main items is in view, making it advisable for labor now employed on such vlorks to be absorbed in other activities,

NOw, THEREFORE BE IT RESOLVED, that this Association recommends that authorization for 9rojects be not further delayed during the present emergency where the immediate security of established agricultural and industrial communities may be involved, and vlhere participation in the costs thereof is assured, and

That the officers of this Association be authorized and directed to urge u~on all Federal Agencies that they coo~erate in steps to facili-tate the early submission of reports and recommendations vlith respect to such essential measures for security and that such officers urge upon the Congress that it prom?tly enact legislation necessary for the authorization and appropriations to prevent imminent losses detrimental to the publi.c welfare, and

That copies of this resolution be sent to the President of the United States, members of the Senate and the House of Representatives.

No.4

"WHEREAS, it appears that t.he Int.ernal Revenue Bureau of

t.he Treasury Department of t.he United States has held that certain

vlat.er Users

I

Associations operating

Fede~al

Reclamation Projects

are subject to

the

income

tax

law of the United States, and

~mEREAS,

the Internal Revenue Bureau has further found

that al

l

income including assessments of such Associations is

subject

to

such

'

Federal Income Tax, and

vJHEREAS, due

to

recent court decisions, doubt has arisen

as to whether or not the income of irrigation districts may not

also be subject

to

the Federal Income Tax on the

theory that

they

exerci.se "proprietary fun

ct

ions" only, and

WHEREAS, the value of

all

of the vrorks of all irrigation

projects and Associations, as well as the income therefrom is

re-flected one hundred per

cent

in the value of the farms

·

Vlri thin

those projects, and the income of the farmers thereon, and any tax

on

the

works of mutual ditch

companies,

Water Users' Associations

and Irrigation Districts or like organizations or the works thereof

amounts to double

t.axation.

NOV!,

THEREFORE, BE IT RESOLVED, that the National

Reclamation Asso

c

iation at its annual meeting held in Phoenix,

Arizona, on October 15, to 17, 1941, recommends t.o the Congress of

the United States that an amendment be passed to the Internal

Revenue Act exempting from income tax and other Federal taxes

Water Usersl Associations and Irrigation Districts operating

National Reclamation projects, or similar projects subject to

such

taxation.

No. 5

vffiEREAS, in the furtherance of the national policy for the development and reclamation of western lands, the rederal

Government, through the Department of the Interior, Bureau of Recla-mation, has from time to time constructed and financed various

reclamation and irrigation projects; and

WHEREAS, in addition to such Federal projects, there are many other reclamation and irrigation projects in the same areas as the Federal projects and with an aggregate acreage equal to or greater thru1 that of the Federal projects, and certain of such projects have been financed or refinanced by Federal corporations and lending agencies and are required to pay interest to such Federal agencies at the rate of

4%

per annwll, with t.he principal amortized over periods of 30 to 40 years; and

vffiEREAS,such last-named projects h2ve been and are

important factors in the rec;lmnation and development of the West and have brought about the creation of a material contribution to the national wealth, and are therefore in no different category than the Federal reclamation projects,

NOW, THEREFORE, BE IT RESOLVED by the National Reclamation Associati.on in convention assembled, that this Association endorses and recommends the enactment of appropriate Federal legislation to accomplish the transfer to the Reclamation Fund in the United States Treasury of all reclamation and irrigation project bonds and other evidences of indebtedness now held and owned by any Federal corpor-ations or lending agencies, to be and become a part of said Fund and to be administered in the manner provided by law, and that such legislation provide that from and af,ter such transfer of such bonds and evidenc;es of indebteililess, the issuers thereof shall be excused from the payment of any interest thereon, but that in all other respects such bonds and evidences of indebtedness shall remain obligations of the issuers to the sarne extent , in the same manner, and with like for~e as they were before such transfer.

No

.

6

1rlHEREAS, the value of the Case-t-lheeler Program has been

demonstrated by the

progress r.1ade

in projects now

o~)erating,

and

HHlREAS, it is evident that the $10,000,000

.

00 recommended

for

this

appropriation

last year

by the National Reclamation

Associa-tion is needed to continue the program,

THE5.EFORE

,

BE

IT RESOLVED, that the NatioD2l Reclamation

Association recommend an adequate

ap?ropriation

for this purpose

for the

neA~

fiscal

year,

BE IT

FURTHER RESOLVED, that

an

adequate sum. be

made

avail-able to the Department of Agriculture to carryon necessary

investigations

pertaining to

setting up these

proposed

Case-vJheeler

Projects

.

No.

7

VlHEll.EAS, the protection and development of the forests of the v.Jest are essential to the maintenance of vlater-sheds that Rre vital to the water su:.)~lies of the arid and semi-arid regions; and

HHEREAS, a coordinated Federal and State program looking to the iJl1~)rovement of the forests and their protection should be adequately financed if it is to be fully effective;

THEREFORE BE IT RESOLVED, that the Natioru1l Reclar:lation Association urges that the Congress of the United States and the Legislatures of the several states take prompt measures to ir.lple-ment a coordinated forestry program that vlill insure the development

No. 8

HHEREAS, the National Defense Program vlill require the postponement of many meritorious projects and e~draordinary efforts on the part of all ~gencies for accomplishment, and

UHEREAS, there has been created under the Federal lJor~~s

Agencies the Public llork Reserve 1lIhosc duty it Dill be tq preL)qJ. ... c u.

reservoir of public work and service projects in all of the states and local goverrn~ents to cover a six-year period of post-defense employment, and

HHEREAS, as defense activities diminish there -vlill be need

for many activities in the way of public l'lork and service projects to provide em~loyment,

N01{, THEREFORE BE IT RESOLVED, that the National Reclam.ation Association and its nembership endorse the efforts of the Public 1.Jork Reserve and recoru~cnd that the members of the Association give all

possible assistance in the setting u? of a reservoir of useful and needful proj ects to meet post-defense cnploymcnt in every sto..te and

r

..

o

9

In view of the increasing inportance of both normal

and defense emergency problems arising in the irri.gation states,

BE IT RESOLVED, that the National Reclamation Associa-tion gives encouragement to those agencies studying the fundamental economic questions underlying land reclamation policies which affect

No. 10

vlliEREAS, the right to regulate, control and distribute the

waters of all non-navigable streams within a state is within the

exclu-sive sovereign jurisdiction of the state; and

vffiEREAS, Section 8 of the Reclamation Act contains a definite

and specific provision requiring compliance with the state water laws

and recognizes vested rights acquired th

e

reunder; and

WHEREAS, The Flood Control Act of June 28, 1938, and later

acts authori

z

ing the construction of certain public works on rivers for

flood

c

ontrol and other purposes; the Pope-Jones Act, othervfise known

as the "Water Facili

t

ies Ac

t

," authorizing the construction of water

conservation and utilization projects in the Great Plains and arid and

semi-arid regions of the United S

t

ates; the Case-vlheeler Act; the Taylor

Grazing Ac

t

; and other acts authorizing the construction by Federal

agencies of works for the

c

ontrol and

u

se of waters in the western

states, contain no statement that the activities of the Federal

Govern-ment, under the provisions of these vario

u

s Federal A

ct

s, shall be

carried out in conformity with state laws covering the

o~TIership,

control,

and use of the I

·

vaters of the western states.

NOT,!, THEREFORE, BE IT RESOLVED, That the National Reclamation

Association recorrmends and reaffirms and urges in the stroLgest terms

that these several acts, and all similar a

c

ts, be amended at the earliest

possible date to include provisi

c

ns requiring that in the prosecution of

all vlOrks designed for water conservation and flood control and use the

pRrticular Federa

l

agency or departmen

t

involved, sh

a

ll, in all respects,

comply with s

t

ate l

a

ws r

e

la

t

ing to the ownership,

c

ontrol, administration,

and use of the wa

t

ers of these wes

t

ern sta

t

es

,

as is now required by

Se

ct

ion 8 of the Nationa

l

Re

c

lama

t

ion A

ct

.

BE IT FURTHER RESOLVED, Tha

t c

opies of this resolution be

t

ransmitt.ed

t

o the governors, senators,

c

ongressmen, and attorneys

general of the western states, wi

t

h a re

a-

uest for ena

c

tment by the

Congr

e

ss of the Un

i

ted Sta

t

es of amenda

t

ory legislation for carrying

o

u

t

t

he purFose of

t

his resolution.

No.

11

vITiEREAS, the everday

life of

the people of

the West depends

largely upon

water resour

c

es;

and

WHEREAS,

the

economy of

the

agriculture of the \-Jest is

vitally

affected

by

the

available

water

supply for

the

season, and

the quantity

of its

agricultural

crops

that

may be produc

e

d, and the

hydro-electric output is likewise

a

function of the season's water

supply,

therefore

knowledge of

the

season's water supply is of the

greatest

importance,

NO'vl,

THEREFORE, BE IT RESOLVED, by the National Reclamation

Association in

convention

assembled at Phoenix,

Arizona,

that we

re

c

ommend and

urge the

National Congress

to

support adequately snow

surveys

and

water supply forecasts made by the United States Department

of Agriculture.

BE IT FURTHER RESOLVED,

that

a

copy

of this resoluti"n be

sent

to the

c

ongressional delegates of

the

member states of

this

No. 12

WHEREAS, cooperation between the Hestern States and the

Water Resources Branch of the United States Geological Survey is

meeting an important need by the systematic collection of basic

information on surface and ground-water resources, essential to

the development, use, and control thereof, and for the solution

of water-problems, and

HHEREAS, the continuation of water resources

investi-gations and prompt pUblication of records thereof are essential,

and to be effective must be made in

a~vance

of the need for same,

which investigations will also be of value in the problems of

reconstruction following the present national emergency,

THEREFORE, BE IT RESOLVED, that the National Reclamation

Association urges the various State Legislatures and the

.

Congress

of the United States that there be adequate continuance of the

present fundemental program upon the cooperative basis now existing,

BE IT FURTHER RESOLVED, that the Secretary of this

Association be directed to forward copies of this resolution to the

Governors and to the members of Congress from the Western States,

and to the Secretary of the Interior and the Director of the United

States Geological Survey.

No. 13

~rnEREAS,

the President of our Country has declared a state

of national emergency as the result of international violence which

threatens the security of our form of government, and therefore is

the paramount concern of our people, and

WHEREAS, this grave emergency may be successfully met only

through the unselfish, united and sacrificial efforts of our

citizenry,

BE IT RESOLVED, by the National Reclamation Association

that it, as an Association, and on behalf of its individual members,

solemnly pledges to the country and to those charged with the grave

responsibility of safeguarding its institutions, full support in

effectuating this paramount objective,

BE IT FURTHER RESOLVED, that a copy of this resolution be

transmitted to the President of the United States of America.

No. 14

~lliEREAS,

it appears that the Secretary of the Interior has

created a separate division to administer power on irrigation projects,

Md

villEREAS, on certain existing projects, where irrigation and

power are owned and operated together, it is unfeasible and impractical

to separate the same, and irrigation and power should be controlled

and coordinated by such projects, and

vffiEREAS, on such projects irrigation has the greater use and

power is incident to irri

g

ation, and the revenue from power is used

to reduce the construction and operating cost of such projects,

NOW, THEREFORE, BE IT RESOLVED, that the National Reclamation

Association at its annual meeting held in Phoenix, Ari

z

ona, on Oct.ober

15 to 17, 1941, recommend to the Se

c

retary of the Interior that

legis-lation be ena

c

ted or present statutes be amended providing for an

administrative proce

d

ure for the disposal of hydro-electric power made

available by Federal multiple use re

c

lamation projects always bearing

in mind that reclamation is primarily in aid of irrigation.

BE IT FURTHER RESOLVED, th

a

t

a

copy of this resolution be

No. 15

RESOLVED, that the provlslons of the Case-Wheeler

Program be broadened to facilitate operations of the program

in the Great Plains states, and that flood control, wildlife

and other factors be incorporated into authorizations.

No. 16

HHEREAS, it is desirable to r.la:;~e sure beyond all doubt that Federal water projects 1-;ith accom~)anying po'wer and other beneficial uses, based in the legal theory u:?on mprovement of ru::wigation and therefror,l u?on the interstate commerce clause of the Constitution, shall not be permitted to subordinate or impair other \'Jater uses in the states having such Federal ?rojects, but be treated as one of theLl,

RESOLVED, that in all Federc:.l bills and legislation

authorizing such projects there should be provisions to the effect that the v/ater uses cOI1..'1ected therevil th shall be governed by the laws of ,the st'ates.

No. 17

vlliEREAS, there is penQlng in the Congress of the United States a group of bills identified as '!Regional or Valley Authority" legislation, each measure seeking to provide some form of centralized control over one or more of the major drainage basins of the nation, and

vTHEREAS, it is our conviction that this proposed legislation,

if valid, would deprive the states of general jurisdiction over and inherent right in the distribution and use of the waters and the initi-ation of water rights within their boundaries; prevent the making of compacts between states governing the use of such waters; drastically interfere with the basic agricultural economy of many states; unneces-sarily and unwisely centralize in new federal agencies, powers and duties

that can be most efficiently and economically administered by the states;

lead to the ultimate elimination of a substantial portion of the assessed valuations of the stat.es, thereby bringing to an end tax revenues which in many instances have been hypothecated well into the future; and thus

inrY'e~,se the burden on other taxable property, and tends to create an

undesirable and monopolisti type of federal agency, and

WHEREAS, existing agencies of the Federal Government, including the Bureau of Rec12~ation and Corps of Army Engineers concerned with the planning, construction and operation of reclamation, power, flood control and other projec.ts such as are contemplated under said proposed authority legislation are well organized and fully competent to carryon each in its own sphere such planning, construction and operation, and

vlliEREAS, this Association recognizes that the use of water for irrigation is the necessary and fundamental asset of the arid or re cla-mation states and is unalterably opposed to the creation of any super-agency or authority that would assume control or administrative functions contrary to or in conflict with the laws of constitutional provisions of the respective states, or in any manner infringe upon or impair the vested rights acquired by our people in western water resources by appropriation, use and occupatiun, including the inherent right to accomplish works for

the necessary regulation of all rights already acquired.

NOW, THEREFORE, BE IT RESOLVED, that the National Reclamation Association oommends the effective service of the Bureau of Reclamation and the Corps of Army Engineers and asserts its opposition to the enact-ment of said regional or valley authority legislation which would destroy their effectiveness and independence, curtail their functions and oper-ations, or tend to transfer them along with their related projects to other government agencies.

BE IT FURTHER RESOLVED, that appropriate steps be taken by legislation, or otherwise, for the purpose of coordinating more

ef-fectively the activities of existing Federal Agencies engaged in investi-gating, constructing and operating projects for the development and utilization of water resources, and

BE

l~ F~RTHER

RESOLVED that

this

Association recommends

that

the Reclamation Act of

1902,

as

amended and as supplemented by the

Reclamation Act of

1939,

be amended

to

t0e end

that the

Bureau of

Recla-mation

may

function) in

accordance

with

the

provisions of

these

basic

acts, outside of the

area

to

which

its

activities are

now restricted, and

BE IT FURTHER

RESOLVED~

that

this

Association

urges that

all

Federal legislation relating

to

the

control,

regulation and

utilization

of

water

in interstate river basins recognize fully the principle of

equitable cooperation between federal and state governments, each

oper-ating

within

its constitutional limitations, and

that

it recognizes fully

that

the highest use of water shall be for domestic

consumption

and for

growing

crops,

that multiple

use

reclamation

projects

should be so

designed and operated that power production shall at all

times

be

sub-servient

to

the needs of irrigation; and that in

the allocation

of

repayable

costs the

problem of having

pow~r

bear an

appropriate

share

of

these costs

and of keeping

the

water users' obligations within their

No. 1$

BE IT RESOLVED, that Vie the members of the National

Reclamation Association assembled in Phoenix, Arizona, at the

tenth annual meeting of the Association, extend our than1,cs and

ap~reciation to the State of Arizona, and the City of Phoenix

for a most enjoyable, instructive and profitable meeting, and for the entertainment so generously provided by them as our

hosts.

He al so desire to extend our tharr{s and ap)reciation to the Phoenix ChaElber of Commerce, Salt River Valley Hater

Users' Association, Central Arizona Light and Power Com)any,

Ari~oI12" State Farn Bureau Federation, The Dons Club, the entire

Phoenix Convention COTIll:littee, and the Ladies entertainment

comrnittee and to the hotels, newspapers and the broadcasting

stations of Phoenix, to those 1'lho contributed to the program

through their personal ap:pearance and to all others who have

assisted so effectively and generously in the preparation and

financing of the convention 'and to its success.

The Association also extends its thanks and apprecia-tion to Senator Carl Hayden and Congressman Clinton S. Anderson,