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RESOLUTIONS

RECOMMENDED BY THE RESOLUTIONS COMMITTEE

APPROVED BY EACH OF THE STATE CAUCUSES AND ADOPTED BY THE

National Reclamation

Association

TWENTY-FIRST ANNUAL MEETING Long Beach, California November 12-14, 1952

RECLAMATION-Food and Fibre for our rapidly increasing population.

NATIONAL

RECLAMATION ASSOCIATION 1119 National Press Building

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FOREWORD

"The Voice of the West" appropriately describes the resolutions contained herein.

The twenty-first Annual Meeting of the National Reclamation Association was held in Long Beach, California November 12-14, 1952. Many of our members described this meeting as one of the best, if not the best, meetings of its kind ever held in the West. Public-spirited citizens from every walk of life-farmers and water users, business men, professional men, lawyers, bankers, news-paper men, and many others came from every state in the arid and semi-arid West-united for the common cause of reclamation. These resolutions were first considered by the Resolution Committee, one member of which is selected by the members from each of the 17 respective member states. Upon approval by the Resolution Committee, reso-lutions are then submitted to each state caucus for full consideration by the mem-bers present from each state. They are then presented to and acted upon by the conven-tion as a whole.

We present these resolutions as a for-ward-looking and constructive program, de-signed to assist our Nation in meeting the needs of food and fibre for our rapidly in-creasing population. They are also designed to protect local interests, to guarantee con-tinued local control and to preserve the in-tegrity of Western state water laws.

In this golden year of reclamation, we look with considerable pride upon the ac-complishments of the last half century, but at the same time we visualize for the future of reclamation a still greater contribution towards the growth and development of our country.

Respectfully submitted,

C. PETRUS PETERSON,President WM. E. WELSH, Secretary-Manager

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TABLE OF CONTENTS

RESOLU-TI~~ h~

1. Water Policy 5

2. Valley Authorities 7 3. Subjection of All Federal Agencies to

State Water Laws 8

4. Expanded Program' '~f' . S~il' '~~d

.

W~t~~'

Research 9

5. Adequate Appropriations for Water

De-velopment 10

6. Title to Submerged Lands " .. 11 7. Supplemental Water Projects 11 8. Excess Land Provisions-Supplemental

Water 12

9. Land Limitation-Mortgages 12 10. Land Limitation in New Land Projects.. 13 11. Land Limitation-Liti~ation 13 12. Broadening Sections 1 (a) and 1 (c), 1944

Flood Control Act 14

13. Broadening Section 1 (b), 1944 Flood Con-trol Act. . . .. 14 14. Non-Reimbursables for Non-Federal

Proj-ects 15

15. I Authorization and Construction of

Proj-ects 15

16. C~m~tl'uction by Contract but Permitting LImIted Construction by Force Account.. 16 17. Small Projects. . . .. 17

18. J oint Liability 17

19. Pa~entPeriods under 9(e) Contracts.. 18 20. PublIcation of Repayment Contracts 18

21. Cost Study 18

22. Farm Credit . . . .. 19 23. Amend Federal Power Act with Respect

to State Dams 19

24. Definition of Duties of Corps of Engineers and the Reclamation Bureau 20 25. Amendment of Fair Labor Standards Act 21 26. Interstate Compacts 21 27. International Joint Commission 22 28. ~ederal Water Development

Organiza-tIons 22

29. Rescue?f the Sug~rBeet Crop for West-ern Irngated AgrIculture 22 30. ~el~-Determination on Integration of

rOJects 23

31. Loans for Distribution Systems 24 32. Codification of Reclamation Laws 24 33. Proffered Assistance to the President

Elect 25

34. Legislative Committee 25 35. Implementation of Resol~'ti~~~'::::: : : :: 26 36. Thanks and Appreciation 26

4

Resolution No.1

WATER POLICY

WHEREAS, the National Reclamation As-sociation, pursuant to its Resolutions Nos. 1, 2 and 3, adopted in 1951, created a Water Policy Committee, composed of one member from each of the 17 Reclamation States, to study and report to the Board of Directors on the subject of national water policy and said committee has submitted to the Board its report and recommendations, which have been approved by the Board;

Now, THEREFORE, BE IT RESOLVED, by the National Reclamation Association that the report of the Water Policy Committee be approved in principle as the general water policy of the Association. The report has been summarized by the Board of Directors as follows:

1. Local interests shall lead in initiating, planning, financing, constructing, and oper-ating water resource developments. These interests shall participate with state and federal interests in all stages of develop-ments, whether simple or complex, intra-state or interintra-state. Local interests shall take the same position in power developments as in irrigation developments.

2. All future projects should insofar as appropriate be proclaimed for basin-wide development with all agencies participating in development to be brought about for every beneficial use. Preference should be assigned the uses of water originating west of the 98th meridian for beneficial consumptive uses.

3. The Interstate Compact is the prefer-able approach in organization for multiple-purpose, basin-wide developments of inter-state character.

Neither the Valley Authority scheme nor the proposal of the President's Water Policy Commission (1950) to superimpose layer upon layer of commission organization will serve as well as the combined organization of state and local interests with the Federal Government, these coordinated in voting authority.

4. The use of water shall be as provided by state law. The ownership of water facili-ties shall be in local interests subject only to the satisfaction of contractual obligations.

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The s.a~e rule shall. apply to power devel-oped IncIden~and It ~hould always be in-cIdent-to the ImpoundIng of water for irri-gation. Local interests shall have a share in the revenues of power developed from multi-ple-purpose, interstate projects this to take the form of contribution to th~cost of con-struction when such cost exceeds the ability of the water users to repay after reasonable tests of feasibility have been made. Title to the beds of navigable streams and lakes rests in the respective states and this principle has been established by legislation and court decisions.

5. A careful calculation should be made as to the division of construction costs for recla-m:;ttion projects including the categories of relmbursables and non-reimbursables. The bas~n account should at the option of the baSIn be used as a bookkeeping method.

6. The kind of contracts, whether 9 (e) or otherwise, shall be at the option of the local contracting interests and such contracts should be effected as soon as the options are exercised.

7. All interests including the Federal Government shall respect the integrity of the water laws of the several states and con-form ~o those laws. Federal claims to unap-proprIated water shall be abandoned in favor of the recognition of the superior title of the reclamation states.

8. The development of power is integral in national water policy. Dependent upon local or interstate character, power should be developed when feasible as a feature of all general reclamation developments under the respective direction of local and state interests, interstate groups, and the Federal Government. Sales of power from Federal deyelopments should be made to public and prIvate users at the bus bar where possible. Duplicate transmission lines shall be avoided. No subsidy shall be paid on account of the installation for power, but such installation shall be placed upon a revenue-producing basis sufficient to retire capital cost and to aid in other development. Local power should belong to the local project. Rates for feder-ally produced power should be prescribed by the Federal Power Commission. Itshould not be necessary for states to give notice of intention to construct dams across intrastate streams unless it shall have been determined

6

that such dams will jeopardize actual naviga-bility.

There shall be no recapture provision vested in the Federal Government as to state or other publicly owned dams.

9. Land limitation should be more liberal and rationally applied to provide areas in which industrious families can make a living at the American standard. Land limitations should not be applied to supplemental water projects.

10. The forests and rangelands are impor-tant sources of water supply. Every en-couragement should be given to forest man-agement having as its purpose a sustained and perpetual yield to provide the optimum runoff. Equal encouragement should be given to range regulation so that it will not be subjected to avoidable erosion.

The reclamation interests and official agencies related thereto should make com-mon cause with the movement to sustain in full productivity the forests and range-lands.

BE IT FURTHER RESOLVED, that the Presi-dent of the National Reclamation Associa-tion shall appoint, with the approval of the Board of Directors, a committee composed of one member from each of the 17 reclama-tion states for the purpose of carrying into action the policy outlined in the report of the Water Policy Committee, in cooperation with the Legislative Committee and subject to the direction of the Board of Directors of the Association.

* * *

Resolution No. 2

VALLEY AUTHORITIES

WHEREAS, the National Reclamation As-sociation by its

Resolution No.4 adopted in 1938, Resolution No. 17 adopted in 1941, Resolution No. 15 adopted in 1943, Resolution No. 15 adopted in 1944, Resolution No. 22 adopted in 1946, Resolution No. 15 adopted in 1947, Resolution No. 13 adopted in 1948, Resolution No.4 adopted in 1949,

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Resolution No. 2 adopted in 1950, and Resolution No.8 adopted in 1951

has consistently and emphatically registered its opposition to all proposals for creation of so-called Valley or Regional Federal Authorities;

Now, THEREFORE, BE IT RESOLVED, that said Association does hereby again reaffirm its position as outlined in the above-men-tioned resolutions in opposition to the crea-tion of any Federal valley or regional author-ity or administration.

* * *

Resolution No. 3

SUBJECTION OF ALL FEDERAL AGENCIES TO STATE WATER LAWS

WHEREAS, by Section 8 of the Reclamation Act of 1902, the Secretary of the Interior, in carrying out the provisions of said Act, is directed to proceed in conformity with state laws relating to the control, appropria-tion, use and distribution of water used in irrigation, subject to any vested right ac-quired thereunder, but the Secretary of the Army and other Federal officers and agencies having to do with water resources develop-ment are not so limited; and

WHEREAS, the authority to regulate and control the appropriation, distribution and use of the waters of streams arising in states lying wholly or partly west of the 98th Meridian is properly the exclusive sovereign function of the states;

Now, THEREFORE, BE IT RESOLVED, by the National Reclamation Association that, reaffirming its position taken in its Resolu-tion No. 12 adopted in 1946, No.8 adopted in 1947, No. 10 adopted in 1949, No. 8 adopted in 1950, and No. 11 adopted in 1951, said Association urges the enactment of legislation by the Congress clearly and un-equivocally directing the Secretary of the Army and all other Federal officers and agencies having to do with water resources development projects, to proceed in con-formity with state water laws and subject to rights vested thereunder, in all matters having to do with appropriatjon, use and distribution of water.

8

Resolution No. 4

EXPANDED PROGRAM OF SOIL AND WATER RESEARCH

WHEREAS, with the growth of national population and the resulting necessity for intensification of agriculture, problems of land and water management are rapidly in-creasing in importance; and

WHEREAS, the fertility and productivity levels are de.creasing in both the irrigated and dry-land areas of the West; and

WHEREAS, these management problems ap-ply to both cultivated and non-cultivated land, including the important water-Yielding areas in the headwaters of western water-sheds; and

WHEREAS, the Agricultural Research Com-mittee of the National Reclamation Associa-tion has prepared a report on soil and water problems and research needs of the West which has been published as Senate Docu-ment No. 98, 82nd Congress, 2nd Session; Now, THEREFORE, BE IT RESOLVED, that the National Reclamation Association hereby reaffirms its interest in an expanded pro-gram of soil and water research in the 17 western states, and its endorsement of the recommendations in Senate Document No. 98;

AND BE IT FURTHER RESOLVED, that offi-cers and directors of the National Reclama-tion AssociaReclama-tion are authorized and directed to promote this expanded program of soil and water research on both cultivated and non-cultivated land; to foster co-ordination of effort by those Federal Agencies which can contribute to such research; to take steps necessary to inform Members of Congress of the ever increasing population growth pressures which emphasize the importance of this program; and to urge adequate appro-priations for the full development of the expanded soil and water program outlined in Senate Document No. 98, 82d Congress, 2d Session.

BE IT FURTHER RESOLVED, that the Agri-cultural Research Committee be continued and directed to seek aid in independent analysis of the problems involved through a privately endowed foundation with par-ticular emphasis on securing an objective

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evaluation of the extent and probable timing of need for increased irrigation reclamation.

* *

*

Resolution No. 5

ADEQUATE APPROPRIATIONS FOR WATER DEVELOPMENT

WHEREAS, the primary objective of the National Reclamation Association is the complete development of the land and water resources of the West; and

WHEREAS, the accomplishment of this ob-jective calls for adequate appropriations by the Congress;

Now, THEREFORE, BE IT RESOLVED, that the National Reclamation Association here-by directs its officers to support before the Congress requests for sufficient appropria-tions to

A. Permit the Bureau of Reclamation and the Corps of Engineers to continue progres-sive construction programs in consonance with the needs therefor;

B. Support acceleration of the Forest Service Program of revegetation, water-shed restoration, range improvements, and physi-cal improvements of National forests;

C. Support and continue the snow survey service of the Department of Agriculture; D. Permit prompt and continuing acquisi-tion by the Geological Survey of basic data respecting both stream flow and g:round water resources throughout the NatlOn ;

E. Permit completion of standard topo-graphic mapping of the United States, if possible, by the year 1970;

F. Support and accelerate the program of the Soil Conservation Service to provide more adequate assistance to the soil conser-vation districts;

G. Support research, investigation, and action programs in soil and water conserva-tion basic and essential to the sound develop-ment and full continued care of the Nation's land and water resources basin-wide and in harmony with multiple-use projects develop-ment; and

H. Support the land capability inventory to be completed as soon as practicable.

BE IT FURTHER RESOLVED, that the various 10

affected states are urged to give full support to the foregoing progTam.

* * *

Resolution No. 6

TITLE TO SUBMERGED LANDS

WHEREAS, in the cases of U.S. v. Cali-fornia, U.S. v. Louisiana and U.S. v. Texas, the Supreme Court of the United States has held that the states do not own lands sub-merged under the marginal sea belt wit~in

their boundaries, nor the resources thereIn, and has based its decision on the need of the United States to exercise its powers und-er the Constitution to handle international affairs and national defense; and

WHEREAS the United States, under the decisions in' said cases may raise claim to the beds of navigable inland streams which are owned by the States;

Now THEREFORE, BE IT RESOLVED, by the Nation~l Reclamation Association that, re-affirming its Resolution No. 14 ad~pted in 1947 its Resolution No.8 adopted In 1948, its Resolution No. 16 adopted in 1949, its Resolution No. 24 adopted in 1950, and its Resolution No. 20 adopted in 1951, said Association urges that the Congress pr0IIl:pt-ly adopt legislation recognizing or ~estIng

in the several states the absolute tItle to the submerged lands within their respective boundaries, as recognized when annexed or admitted to the Union, subject only to the paramount rights granted the United States by the Constitution to~egulate inter~tateand foreign commerce and Interco~rseWIthot~er

nations, but expressly excludIng any.clalm of the United States to any propnetary rights in any such lands or resources except upon payment of just compensation and under due process of law.

*

* *

Resolution No.7

SUPPLEMENTAL WATER PROJECTS WHEREAS in many 10calitie3 throughout the West, farming areas which haye been

~stablishedfor generations are faCIng cur-11

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tailment of their future operations by reason of deficient or failing water supplies; and

WHEREAS, in such communities hundreds of millions of dollars of investment are in jeopardy;

Now, THEREFORE, BE IT RESOLVED, by the National Reclamation Association, reaffirm-ing Resolution No. 21 adopted in 1950 and Resolution No. 18 adopted in 1951, that adequate consideration should be given in the preparation of investigations and reports to projects to furnish supplemental water supplies to areas now suffering from insuffi-cient water supplies.

* * *

Resolution No. 8

EXCESS LAND PROVISIONS-SUPPLEMENTAL WATER

WHEREAS, in the case of presently irri-gated private lands which need supplemental irrigation, the proper economic size of farm units has already been determined, as a result of decades of trial and error;

Now, THEREFORE, BE IT RESOLVED, by the National Reclamation Association that, re-affirming its Resolutions No. 6 adopted in 1944, No. 12 adopted in 1945, No.3 adopted in 1946, No.7 adopted in 1950, and No. 16 adopted in 1951, the Association urges the exemption of lands involved in projects sup-plying supplemental water from the excess land provisions of the reclamation law.

* * *

Resolution No,. 9

LAND LIMITATION-MORTGAGES

WHEREAS, it is essential that mortgage money be available to land owners in recla-mation projects; and

WHEREAS, some lending institutions are hesitant to make mortgage loans in such projects be.cause they fear losses through enforcement of the excess land provisions of the reclamation law;

Now, THEREFORE, BE IT RESOLVED, by the National Reclamation Association, that the reclamation law should be so modified as to

12

permit mortgagees to hold lands acquired through foreclosure, without being deemed excess lands, until such time as such lands can be disposed of for their fair and reason-able value, not exceeding the lender's invest-ment therein.

* * *

Resolution No. 10

LAND LIMITATION IN NEW LAND PROJECTS

WHEREAS, there exist in the West many areas which are naturally less favored than others, by reason of short growing seasons due to high elevation, high latitude, or other-wise; and

WHEREAS, such less favored areas cannot be reclaimed under the present land limita-tion provisions of the reclamalimita-tion law be-cause they can only be made productive by use of machinery, the cost of which is not warranted if a farm is limited to 160 acres or less; and

WHEREAS, such land limitation has there-fore become a serious hindrance to the development of new lands in the West by reclamation and such land limitation has defeated and will defeat the organization of new irrigation projects;

Now, THEREFORE, BE IT RESOLVED, by the National Reclamation Association, that the land limitation provisions of the reclamation law should be modernized by providing that the determination of the economic size of farm units in a new land project shall be made by an appropriate state official or agency.

* *

*

Resolution No. 11

LAND LIMITATION-LITIGATION

WHEREAS several decisions of trial courts have declar~d that the acreage limitations contained in current 9 (e) contracts are in-valid as in violation of State water laws; and WHEREAS, many irrigation districts a.nd similar organizations are confronted wIth pr03pecth;e e~forc~ment .a~ainst them of such possIbly InvalId provIsIOns; and

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WHEREAS, the Reclamation Act provides that in carrying out reclamation activities the Secretary of Interior shall conform to State Water Laws; and

WHEREAS, the said decisions of the courts are not final;

Now, THEREFORE, BE IT RESOLVED, that the public good will be served by all affected interests conforming to State Water Laws until final decisions in such cases have been reached.

* * *

Resolution No. 12

BROADENING SECTIONS 1(8) and 1(e),

1944 FLOOD CONTROL ACT

WHEREAS, by Sections l(a) and l(c) of the 1944 Flood Control Act certain procedure is prescribed for the submission by the Sec-retary of the Army and the SecSec-retary of the Interior of their project reports to each other and to the Governors of the affected states for comment; and

WHEREAS, the underlying purposes of such submission of reports are not confined to reports of the Secretary of the Army and the Secretary of the Interior;

Now, THEREFORE, BE IT RESOLVED, that the National Reclamation Association, re-affirming its position taken in its Resolution No.9, adopted in 1951, does hereby urge that the provisions of Sections 1 (a) and 1 (c) of the said Act be so broadened as to make like reporting procedure required of the Secretary of Agriculture and the Federal Power Commission and other Federal agen-cies having to do with water and power development projects.

* * *

Resolution No. 13

BROADENING SECTION 1(b), 1944 FLOOD CONTROL ACT

WHEREAS, Section 1 (b) of the 1944 Flood Control Act subordinates the use of water for navigation in the vVest, in connection with works authorized by that Act, to bene-ficial consumptive uses such as domestic and irrigation;

14

Now, THEREFORE, BE IT RESOLVED, that the National Reclamation Association re-affirming its position taken in its Resolution No. 10 adopted in 1951, urges that said sec-tion should be so broadened in connecsec-tion with all works authorized for construction by the United States as to subordinate the use of water for power, as well as naviga-tion, to consumptive uses in the West, and also to make the section apply to all works for navigation and power, as well as only works authorized for construction by said 1944 Act.

* * *

Resolution No. 14

NON-REIMBURSABLES FOR NON-FEDERAL PROJECTS

WHEREAS, under existing law, in the con-struction of Federal projects, that part of the estimated cost allocated to flood control, navigation, and fish and wildlife, is deemed to be non-reimbursable; and

WHEREAS, projects initiated under state law, by state bodies, irrigation districts or non-profit water companies, financed wholly by funds other than those appropriated by the Congress, may produce similar national flood control, navigation and fish and wild-life benefits on said projects; but under pres-ent law there is no contribution from the Federal government;

Now, THEREFORE, BE IT RESOLVED, that the National Reclamation Association favors Congressional authorization for the contribu-tion by the United States of funds for such non-reimbursable costs on these projects.

* * *

Resolution No. 15

AUTHORIZATION AND CONSTRUCTION OF PROJECTS

WHEREAS, the general welfare, safety and defense of our Nation requires the wise development, conservation and utilization of the water resources of the reclamation States in periods of national emergency as well as in normal times;

(9)

Now THEREFORE, BE IT RESOLVED, by the Nation~lReclamation Association that even during the continuance of the present na-tional

emergency;-1. It favors the necessary appropriations for projects and projec~ units wh~ch.have been authorized, and whIch come wIthIn the category of a program of reclamation proj-ect construction necessary to keep the Na-tion economically strong and to meet the demands of national defense, and which have met with the approval of the States and localities affected;

2. Itfavors the authorization of new proj-ects which meet the tests required by Con-gress and have the approval of the States and localities affected even though, because of the present national e~ergen~y, it ~ay not be possible to proceed ImmedIately wIth all phases thereof.

* * *

Resolution No. 16

CONSTRUCTION BY CONTRACT BUT PERMITTING LIMITED CONSTRUCTION

BY FORCE ACCOUNT

WHEREAS the National Reclamation As-sociation approves the traditional policy of performance of construction work. ~hrou~h the letting of contracts by competItIve bId-ding; and

WHEREAS, the National Reclamati~n As-sociation realizes that there are CIrcum-stances and conditions including manage-ment and operation, maintena"!1~e and. re-pairs, engineering and supervls~on, mln?r construction work and emergencIes local In character, under which the interests of the public and the Federal Government may be best served by permitting a limited amount and definite type of construction work to be done by force account; and

WHEREAS, the National Re~la~ation ~s­ sociation believes that restrictIOns WhICh have been placed in the Interior Department Appropriation Bills r.elating to ~u!eau of Reclamation constructIOn approprIatIOns

l}P-holding the traditional policy ?f constr~ct~on by contract but at the same tIme permIttIng a limited and necessary amount of work by

16

for~e ac~ount have proven to be, in the maIn, qUIte satisfactory;

Now, ,THEREFORE, BE IT RESOLVED, that the

N:

atIOnal Reclamation Association re-a,ffirmlng its position taken in its Re~olu­ tIon No. 12 adopted in 1951, endorses the ge!1e:r:al pa~ternset forth in Interior Appro-prIatI?n BIlls establishing the policy of con-struc.tIOn work by contract and limiting and definIng the construction work to be done by force account and urges that such a pro-gram be made a permanent policy with the Bureau of Reclamation.

*

* *

Resolution No. 17

SMALL PROJECTS

'YH.EREAS, ~he National Reclamation

As-~ociatIOn by Its Resolution No. 31, adopted In 1.951 endors~d the program of its Small Projects CommIttee; and

WHEREAS, legislation was introduced in

th~ last session of the Congress to carry out

saId program;

Now, .THEREFORE, BE IT RESOLVED, that the NatIOnal Reclamation Association sup-po:r:ts i;n principle the enactment of such legIslatIOn as speedily as practicable.

* * *

Resolution No. 18

JOINT LIABILITY

WHEREAS, the National Reclamation As-sociation by its

Resolut~onNo. 12 adopted in 1948,

Resolut~on No.8 adopted in 1949,

Resolut~on No.6 adopted in 1950, ResolutIOn No. 34 adopted in 1951

has consistently expressed its opposition to the present general policy of the

Depart-m~nt.of the Interior to require, pursuant to eXIstIng law, that there be incorporated in

~ontractsfor a water supply, a clause mak-Ing owners of land under any irrigation project j?intly liable for the repayment of

~onstructIOncosts and the costs of furnish-Ing water; and

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WHEREAS the National Reclamation As-sociation h~rebY reaffirms its opposition to the inclusion of the joint liability clause for reasons outlined in the above-mentioned resolutions;

Now, THEREFORE, BE IT RESOLVED, that said Association urges the enactment of legislation amending existing Federal.l~w to the end that in future contracts the JOInt liability feature may be optional with the contracting organization.

* * *

Resolution No. 19

PAYMENT PERIODS UNDER 9(e) CONTRACTS

BE IT RESOLVED that the National Recla-mation Associatio~ urges that Section 9 (e) of the Reclamation Project Act of 1939 be so amended as to permit the adyance paJ:-ment of water rates by a contractIng organI-zation either monthly, semi-annually or

an-nually.

* * *

Resolution No. 20

PU BLICATION OF REPAYMENT CONTRACTS

BE IT RESOLVED, that the National Recla-mation Association request the Senate and House Committees on Interior and Insular Affairs to make an investigation of all re,cla-nlation repayment contracts entered Into since 1939 and to publish such contra~ts,as a public document in order that any ~Istnct entering into a repayment contract WIth the Bureau of Reclamation might have the bene-fit of such contracts as have been consu-mated with other districts.

* * *

Resolution No. 21

COST STUDY

BE IT RESOLVED, that the National Re~la­ mation Association requests the approprIate committees of Congress to make comprehen-sive studies of engineering, constructIOn, and

18

operation and maintenance costs on projects constructed by the Bureau of Reclamation as compared with like costs of projects con-structed by non-federal agencies with a view to dete~miningwhat legislation, if any, may be desIrabl~ for the purpose of effecting greater effiCIency and economy in adminis-t!ation of .investigation, design, construc-tIon, operatIOn and maintenance work by the Bureau of Reclamation.

* * *

Resolution No. 22

FARM CREDIT

WHEREAS, many settlers on farms in the seventeen western states are inadequately fina~ced a~d need credit to purchase es-sentIal. eqUIpment, ~nd livestock, and to pay operatIng costs dunng development periods'

~d '

. WHEREAS, the Farmers Home Administra-tIon has successfully provided this credit over a period of years; and

WHEREAS, current appropriations for the Farmers Home Administration are now in-adequate to meet present needs because of increased cost, and increased acreage open for settlement;

N~w, THEREFORE, BE IT RESOLVED, by the

1'f

atIonal Reclamation Association that suffi-cIent funds be authorized for Farmers Home Administration to provide adequate loan funds for land development building con-s.truction, farmstead water: purchase of l~vestockand machinery, and to meet opera-tIng costs on newly developed farms whether on public or private projects. ' .

* *

*

Resolution No. 23

AMEND FEDERAL POWER ACT WITH RESPECT TO STATE DAMS

WHEREAS, under the existing Federal Power Act (41 Stat. 1063) before a state or s.tate agency can build a power dam on a ~avIgable stream, it is required to obtain a llcense from the Federa1 Power Commission in which the United States reserves the right

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to take the dam and power plant after 50 years at their depreciated value; and

WHEREAS, such provisions are inequitable to states and their agencies;

Now, THEREFORE, BE IT RESOLVED, that reaffirming its Resolution No. 13 adopted in 1949, its Resolution No. 17 adopted in 1950, and its Resolution No. 27 adopted in 1951, the National Reclamation Association urges the Congress to amend the Federal Power Act as follows:

1. So that neither a state, state agency, nor any public entity created under state law shall be required to file with the Commission a declaration of intention to construct a power dam across a navigable stream unless the Department of Defense shall have first determined that such dam will materially and adversely affect the actual navigability of the stream; and

2. So that whenever a state or its agency, or any public entity created under state law, may be required to file such declaration of intention and an application for a license, such license when issued shall contain no provision for recapture by the United States of such publicly owned project; and so that the principle above set forth shall apply to existing licenses.

* * *

Resolution No. 24

DEFINITION OF DUTIES OF CORPS OF ENGINEERS AND THE RECLAMATION

BUREAU

WHEREAS, it appears that there are areas of conflict in interpretation of existing law respecting the duties and responsibilities of the Bureau of Reclamation and the Corps of Engineers for planning, surveys, investi-gation, construction and operation pf flood control and reclamation projects, and

WHEREAS, it is believed that present laws could be rewritten better defining such duties and responsibilities;

Now, THEREFORE, BE IT RESOLVED by the National Reclamation Association that the Association's Legislative Committee be di-rected to forthwith study and prepare rec-ommendations for presentation to Congress

20

to betterd~finethe duties and responsibilities for p!annIng, surveys, investigation, con-structIon. and o~erationof flood control and reclan:atIOn proJects by the Bureau of Rec-lamatIOn and the Corps of Engineers.

* * *

Resolution No. 25

AMENDMENT OF FAIR LABOR STANDARDS ACT

W~E~EAS~many mutually owned and oper-ated IrrIgatIon organizations in the western stat~s are, under existing interpretations subJect to t~e provisions of the Nationai Labor RelatIOns Act and the Fair Labor Standards Act of 1938 (Wage-Hour Law) .

~d '

WHEREAS, said National Labor Relations Act a~d the !Va~eand Hour Law constitute re:nedlal legIslatIOn for relief in the indus-trIal rath~r than the agricultural economy ofth~NatIon, and that agricultural activities are Intended to be and should be exempt therefrom; and

. WHEREAS, H. R. 7862 and S. 3147 were Introduced at t.he last session of Congress to amend subsectIOn I of section 3 of the Fair Labor. Standards Act so as to include the operatIo~s.of irrigation organizations within the definItIOn of "agriculture";

N~w, THEREFORE~BEITRESOLVED, that the NatIOn.al .ReclamatIOn Association supports the prInCIple and intent of H. R. 7862 and S. 3.147, recommends that similar legislation be Introduced at the next session of Con-gress, and urges its early enactment.

* * *

Resolution No. 26

INTERSTATE COMPACTS

B~ IT RESO~V~, that the National Recla-matIon ASS?CIatIOn, reaffirming Resolution 22 adopted In 1950 and 19 of 1951 recom-nlends that no diversion of water' from a shed of one state to another water-shed .of another state be authorized unless permItted by compact between the states Involved; and

(12)

Resolution No. 27

INTERNATIONAL JOINT COMMISSION

WHEREAS the National Reclamation As-sociation by its Resolutions. No. 29 adoPte~ in 1950 and No. 29 adopted In 1951,.affirme its belief in the aims an~ accomph~~ents of the International JOInt CommissIOn-United States and Canada-; and. .

WHEREAS, there is a need for ImmedIate action;

Now, THEREFORE, BE IT RE~O~VED, by t~e National Reclamation AssocIatIOn.t~at It urges the International Joint qommissIOn to speed its deliberations to ~nng abo~t t~n early and equitable apportIOnment 0 e flows of international streams between the two countries.

* * *

Resolution No. 28

FEDERAL WATER

DEVELOPMENT ORGANIZATIONS

WHEREAS in the report of the Hoover Commission'recommendatio.n~are m~de for the incorporation of the CIVIl functIOns of the Corps of Engineers into the Department of the Interior;

Now, THEREFORE, BE IT R~S?LVED, by t~e

National Reclamation AssociatIO!l. that said Association, reaffirming its POSItIO? taken . 't Resolution No. 14 adopted In 1951,

b~lie~es

it to be in the

natio~al

interest that

the water development functIons of the Fe~­

eral Government remai.n in the hands of t ~

existing agencies whIch -r:0w have. suc functions, and opposes the Incorporat~onof the civil functions of the Corps of. EngIneers into the Department of the InterIOr.

* * *

Resolution No. 29

RESCUE OF THE SUGAR BEET CROP FOR

WESTERN IRRIGATED AGRICULTURE

WHEREAS, the Sugar Section of the

pe-partment of Agriculture at the pr~sen~ t~m~ is vested under The Sugar Act wIth VIr ua

22

control Over prices through its announcement of "consumptive estimates" ; and

WHEREAS, the price of sugar in recent years has lagged far behind the price level of most other staple food items; and

WHEREAS, largely as a result of the recent unprofitable character of the sugar beet crop there has been a steady decline in sugar beet acreage except in a few limited areas espe-cially adapted to beet growing and further cuts appear to be impending in 1953; and

WHEREAS, this crop is particularly well adapted as a sound rotation and soil building crop on western irrigation projects;

Now, THEREFORE, BE IT RESOLVED, by the National Reclamation Association that the Secretary of Agriculture be requested and strongly urged to use the powers delegated to him under the Act to so regulate available supplies as to result in the price increases necessary to restore this crop to its rightful and historically competitive position, and by so doing, check the trend of serious acreage decline and build it back to its previous status. This Association further states its belief that such a program is in the interest of both consumers and producers.

*

* *

Resolution No. 30

SELF-DETERMINATlON ON INTEGRATION OF PROJECTS

WHEREAS, in some instances the Bureau of Reclamation has proposed to "integrate" one project into another for the purpose of aid-ing the feasibility of the latter project by adding to it the so-called "excess repayment ability" of the former project, but such in-tegration is opposed by the people of the former project;

Now, THEREFORE, BE IT RESOLVED, by the National Reclamation Association, reaffirm-ing its Resolutions 20, adopted in 1950 and No. 17 adopted in 1951, that such "integra-tion" should be made only when it is freely and voluntarily approved by the decision of the water users under the project to be integrated.

(13)

Resolution No. 31

LOANS FOR DISTRIBUTION SYSTEMS

WHEREAS, the contract costs of local dis-tribution systems, designed by the United States Bureau of Reclamation for construc-tion on Federal Reclamaconstruc-tion projects are often excessive and beyond the ability of districts and water users associations to re-pay; and

WHEREAS, less costly systems planned and constructed by the districts would often serve district requirements, if districts are financially able to construct such systems;

Now, THEREFORE, BE IT RESOLVED, by the National Reclamation Association that Con-gress be urged to enact legislation author-izing the Secretary of the Interior to grant loans of interest-free money to local districts for the construction by such districts of local distribution systems.

* * *

Resolution No. 32

CODIFICATION OF RECLAMATION LAWS

WHEREAS, the National Reclamation As-sociation, through the adoption of its Reso-lution No. 5 in 1948, ResoReso-lution No. 16 in 1950, and Resolution No.4 in 1951, initiated a movement for the codification of the rec-lamation laws; and

WHEREAS, the House Judiciary Commit-tee's Subcommittee on Revision of the Laws has undertaken to provide for the codifica-tion of the reclamacodifica-tion laws and the work of preparing a draft code is now nearing

completion; and

WHEREAS, it is understood that the J udici-ary Committee, when the draft code is com-pleted, expects to make an adequate number of copies of the draft and related material available for distribution among those af-fected and interested throughout the West; Now, THEREFORE, BE IT RESOLVED, by the National Reclamation Association that, in order to assist the Judiciary Committee in perfecting the draft code, the President of the Association, with the approval of the Board of Directors, is requested to desig-nate a committee of competent persons to

24

:~~~~b~T:~ty

a;nd criticize the draft code mittee and t~ ~hwMtothe JUdiciary Com-?fDir~ctors,and thatthm~rs

:if

the. Board IS requested to make

d

oar of DIrectors able .for the carrying o~ ~~Uthe fun~s ava~l-part~cular for such legal ~ w

t or and ~n reqUIred. assIS ance as IS

SO~~i~T

FURTHER

~ESO~VED,

that the

As-of the n et~presses Its s.Incere appreciation ac Ive cooperatIOn f th H JUdiciary Committee in th. .0 e ou~e

ect. IS Important

proJ-* proJ-* proJ-*

Resolution No. 33

PROFFERED ASSISTANCE TO THE PRESIDENT-ELECT

WHEREAS th .

National R~clameatf~~mary ~o~cern.of tp.e organization in 1932 ~ssobIatIOn, SInce ItS bon of sound ,a;s een t~e promo-projects in th reclamatIOn and IrrIgation with the best~~~owneslt~rtnstates, consistent

a In erest· and

de~~~:~ts~/

t

t~Seruo~n~e~

that the

Presi-pathetic interest withn~;eA tat~s t~as. sym-reclamation of arid 1 ~socIa IOn In the

~~;~~;

;and its

relations~r:t~~:~~n:Ie~~~~

fuf:s°:ff;r~~t~F~~~~i~~~tilEf~~~~~~nu::~ecf-fxper~ence and knowledge in the field f 1S

.amatIOn .and particUlarly the

servi~esrec-~~~'~~~~~i~~e ~fficers

in connection with

th~

o governmental policies.

* * *

Resolution No. 34 LEGISLATIVE COMMITTEE BE IT RESOLVED, that (1) The President f th . .

~hall

appoint a

commit~ee

of

enot~:~~I~~on

members to formulate and recomme an

~~:

BthOealo'db .of tl?irectors legislation to

eff~~t~~

Jec Ives of the A . t·

pressed in its constitution ~~~I~:~~u~fo~:~,

(14)

National Reclamation Association

1119 National Press Building Washington 4, D. C.

Officers

C. PETRUS PETERSON, President

Lincoln, Nebraska

CHARLES L. KAUPKE, First Vice-President

Fresno, California

EARL T. BOWER, Second Vice-President

Worland, Wyoming H. L. BUCK, Treasurer Billings, Montana WM. E. WELSH, Secretary-Manager Washington, D. C. Resolutions Committee J. D. MANSFIELD, Yuma, Arizona

ARVIN B. SHAW, JR.,Los Angeles, California

GLENN G. SAUNDERS, Denver, Colorado

IVAL V. GOSLIN, Aberdeen, Idaho

J. E. KISSELL, Portis, Kansas

D. P. FABRICK, Choteau, Montana

H. G. GREENAMYRE, Lincoln, Nebraska

A. J. SHAVER, Las Vegas, Nevada

D. A. MACPHERSON, JR., Albuquerque, New

Mexico

FRED J. FREDRICKSON, Valley City, North Dakota

CLARENCE BASE, Geary, Oklahoma

WILLIAM F. JOHNSON, Grants Pass, Oregon RAYMOND F. LUND, Rapid City, South

Dakota

GUY C. JACKSON, JR., Anahuac, Texas J. A. HOWELL, Ogden, Utah

LORIN MARKHAM, Spokane, Washington

L. F. THORNTON, Thermopolis, Wyoming

(15)

A

NATIONAL

WATER

POLICY

REPORT OF WATER POLICY COMMITTEE

of the

NATIONAL RECLAMATION ASSOCIATION 1119 National Press BuDding

(16)

The Water Policy Committee of the

National Reelamation Association

Marshall N. Dana, Portland, Oregon, Chairman Sub-Committee No. I

Assigned the generalsubject-Development of Water Re80'Urces

Chairman: H. G. Greenamyre, Lincoln, Nebraska; J. H. Moeur, Phoenix, Arizona; George S. Knapp, Topeka, Kansas; Otto

M. Christinson, Glasgow, Montana;Art Svendby, Lemmon,

South Dakota Sub-Committee No. D

Assignedthe general subjeet-Organizat'ionalReBPOfI.8ibility aM Re14tetl Policy

Chairman: Bert L. Smith, San Francisco, California; Cli1ford H. Stone,· Denver, Colorado, N. V. Sharp, Filer, Idaho; Hugh Shamberger, (Acting for Alfred M. Smith), Carson City, Nevada; D. D. Harris, Ogden, Utah; Ross Morris, Zillah, Washington

Sub-Committee No.

m

Assigned the general8ubject---:Hydroelectric Power Development

Chairman: Guy C. Jackson, Jr., Anahuac, Texas; Ira C. Husky,

O~oma City, O~oma; Earl T. Bower, Worland, Wy-onung; Fred E. Wilson, Albuquerque, New Mexico; R. E. Sylvester, Mandan, North Dakota

Task Force--Chairman, Judge Clifford H. Stone,· Denver Colo-rado; Arvin B. Shaw, Los Angeles, California; H. G. Greena-myre, Lincoln, Nebraska; Guy C. Jackson, Anahuac, Texas; W. G. Sloan, LaMesa, California; Dr. George D. Clyde,

Logan, Utah; George T. Cochran,La Grande, Oregon

• Deceased Oct. 21. 1952

A NATIONAL

WATER POLICY

REPORT OF WATER POLICY COMMITTEE

of the

NATIONAL RECLAMATION ASSOCIATION

1119 National Press Building Washington 4, D. C.

This report was approved in principle as the gen-eral water policy of the National Reclamation Asso-ciation at the annual meeting of the AssoAsso-ciation in Long Beach, California on November 14, 1952.

(17)

Foreword

Resolution No.1, adopted last year at the convention in Ama-rillo, Texas, provided for the appointment of a committee to be known as the "Water Policy Committee consisting of one member to be chosen from each of the 17 reclamation states." The reso-lution directed the committee to prepare and submit to the Board of Directors a report on the subject.

Accordingly, the aforementioned committee was appointed by President Peterson and approved by the Board of Directors. President Peterson also appointed a Task Force to assist the com-mittee. This Task Force, which had as its chairman the late Judge Clifford H. Stone of Colorado, performed a yeoman's service for the committee by outlining the problems involved in Water Policy and segregating them into three groups. Three committees were assigned the responsibilities of the various sub-jects included in the suggestions of the Task Force and delibera-tions were started shortly after the first of the year.

As a result of meetings of the full committee and additional meetings of the sub-committee chairmen plus the exchange of ideas and reports through the mail the following report is submitted.

ii

· In Summary

A NATIONAL WATER POLICY

Reclamation has had fifty years in the program of America. Western water users with the aid of the Federal Government have created a vast, irrigated estate.

This is reclamation's golden anniversary. It's a celebration of great success.

Reclamation has contributed to national economic stability. It has opened the door of opportunity to many thousands of farm families. It has lead to the building of cities and the extension of transportation. It has contributed food to America's tables and fiber for America's needs. It has asked few favors in repay-ing advances made by the Federal Government. It has more than repaid the total investment of the government in crop value, economic development and taxes derived from property and incomes.

This is the proud record of reclamation during its first half-century.

Reclamation will win, in the next fifty years, greater success by remaining tr~e to its original goals and principles. It must continue to produce human values as well as crop values. Its goals must be those envisioned in the beginning. These are the inde-pendence of the settlers upon reclaimed lands, their ownership of farms, homes and water rights, their full voice in their own affairs, and their participation in the rights and responsibilities of American citizenship.

This report is premised upon the belief that the citizens of the reclamation West cherish initiative, independence, free enter-prise, and private ownership of property as much as do citizens in any other parts of the United States. Reclamation, as a nation-al policy, embodied these rights and responsibilities in the begin-ning and must continue to do so.

The wider use of water in combination with the land will be the key to the progress and prosperity of the 17 reclamation states and the people during the next half-century.

There are, however, basic conditions which must be met. The purpose of original reclamation policy was to create a revolving fund and from this fund to make advances for the construction of irrigation works beyond the financial ability of settlers on the land. These advances were to be repaid without interest from the production of the land.

With the epochal success of reclamation and its establishment as a leading factor in Western agriculture, there has been an increasing tendency to centralize controls and authority in the Federal Government.

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2 A NATIONAL WATER POLICY ATIO AL RECLAMATIO ASSOCIATION 3

Related to the recent, highly desirable programs for multiple-purpose development of river basins are trends toward corre-spondingly expansive controls. Among these are:

1. The tendency to widen and tighten controls by over-central-ized governmental and bureaucratic regimentation.

2. A great perpetually Federal system of dams, reservoirs, and main canals with a studied division of reimbursable and non-reimbursable costs.

3. Valley authorities which take the form of government with-out the consent of the governed.

4. The creation of river basin commissions to be headed by a super-commission, setting up a dominant Federal control of reclamation works.

5. Nationalization of water and power.

The planning best suited to the future will preserve the rela-tionships and balances that accord with the democratic process, provide incentive for local interests in the planning and accom-plishment of reclamation works, vest local interests with owner-ship of water rights and incidental power when contractual obligations have been satisfied, conform to state water laws, and make irrigated agriculture as independent of governmental and bureaucratic domination as is agriculture in naturally-watered sections of the Nation. These are the inevitable lessons taught by the hard school of experience.

For these reasons, the Association affirms that the most effec-tive national water policy will keep reclamation next to the soil, provide local autonomy, preserve the integrity of the state water laws, and make the interstate compact approach to the multiple-purpose development of the great river basins.

There can be no other assurance of attaining the goals of reclamation in establishing a free American economy and a satisfying life upon Western lands. In no other way can be confidently predicted the production, not only of food and fiber and individually-owned homes and farms, but the highest type of American citizens and leaders.

The following are, therefore, stated as essential principles of a National Water Policy:

1. Local interests shall lead in initiating, planning, financing, constructing, and operating water resource developments. These interests shall participate with state and federal interests in all stages of developments, whether simple or complex, intrastate or interstate. Local interests shall take the same position in power developments as in irrigation developments.

2. All future projects should insofar as appropriate be pro-claimed for basin-wide development with all agencies partici-pating in development to be brought about for every beneficial

use. Preference should be assigned the uses of water originating west of the 98th meridian for beneficial consumptive uses.

3. The Interstate Compact is the preferable approach in or-ganization for multiple-purpose, basin-wide developments of interstate character.

Neither the Valley Authority scheme nor the proposal of the President's Water Policy Commission (1950) to superimpose layer upon layer of commission organization will serve as well as the combined organization of state and local interests with the Federal Government, these coordinated in voting authority. 4. The use of water shall be as provided by state law. The ownership of water facilities shall be in local interests subject only to the satisfaction of contractual obligations. The same rule shall apply to power developed incident-and it should always be incident--to the impounding of water for irrigation. Local interests shall have a share in the revenues of power developed from multiple-purpose, interstate projects, this to take the form of contribution to the cost of construction when such cost exceeds the ability of the water users to repay after reasonable tests of feasibility have been made. Title to the beds of navigable streams and lakes rests in the respective states and this principle has been established by legislation and court decisions.

5. A careful calculation should be made as to the division of construction costs for reclamation projects including the cate-gories of reimbursables and non-reimbursables. The basin ac-count should at the option of the basin be used as a bookkeeping method.

6. The kind of contracts, whether 9 (e) or otherwise, shall be at the option of the local contracting interests and such contracts should be effected as soon as the options are exercised.

7. All interests including the Federal Government shall respect the integrity of the water laws of the several states and conform to these laws. Federal claims to unappropriated water shall be abandoned in favor of the recognition of the superior title of the reclamation states.

8. The development of power is integral in national water policy. Dependent upon local or interstate character, power should be developed when feasible as a feature of all general reclamation developments under the respective direction of local interests, interest groups, and the Federal Governlnent. Sale of power from Federal developments should be made to public and private users at the bus bar where possible. Duplicate trans-mission lines shall be avoided. No subsidy should be paid on account of the installation for power, but such installation shall be placed upon a revenue-producing basis sufficient to retire capital cost and to aid in other development. Local power should belong to the local project. Rates for federally produced power

(19)

4 DEVELOPMENT OF WATER RESOURCES NATIONAL RECLAMATIO ASSOCIATION 5

should be prescribed by the Federal Power Commission. It should not be necessary for states to give notice of intention to con-struct dams across intrastate streams unless it shall have been determined that such dams will jeopardize actual navigability. There shall be no recapture provision vested in the Federal Government as to state or other publicly owned dams.

9. Land limitation should be more liberal and rationally ap-plied to provide areas in which industrious families can make a living at the American standard. Land limitations should not be applied to supplemental water projects.

10. The forests and rangelands are important sources of water supply. Every encouragement should be given to forest man-agement, having as its purpose a sustained and perpetual yield to provide the optimum runoff. Equal encouragement should be given to range regulation so that it will not be subjected to avoidable erosion.

The reclamation interests and official agencies related thereto should make common cause with the movement to sustain in full productivity the forests and rangeland.

Reclamation in its Golden Year is an asset more valuable than gold to the United States. Its first half-century but lifts the curtain upon even more dramatic achievement through coordi-nated effort for the benefit of man.

DEVELOPMENT OF WATER RESOURCES (Sub-Committee No. I)

America's economic health and well-being rest in large meas-ure on careful conservation, intelligent development and effec-tive utilization of the Nation's water and land resources. Over the years-particularly since the turn of the century-the manner in which we view our heritage of natural resources has changed dramatically. No longer are we content to see our forests depleted, our lands laid bare and our water wasted. In response to the demands of an aroused public, programs de-signed to conserve and regulate the use of our natural resources have been launched by individuals and groups of individuals and at all levels of government-local, state and federal.

Long years of experience in our system of government clearly reveal that, consistent with effective operation, responsibility for planning, construction, management and operation should be exercised by, or jointly with, the people immediately affected. With these basic facts in mind, the committee submits the following recommendations:

For the purpose of defining the rights and interests and the resulting responsibilities of Federal, state and local governments, the term Federal Government shall include the Bureau of Rec-lamation, Corps of Army Engineers, Department of Agriculture,

Federal Power Commission and any and all other representatives of any governmental agency created by the Congress of the United States. All other interests, including states, interstate compact agencies, agencies created pursuant to state law, organi-zations, associations, companies and individuals will be referred to as local interests.

As to interstate projects the rights and interests of all con-cerned in surveys, investigations, planning and research, prep-aration and presentation of the project or projects to Congress, construction, operation and ownership shall be represented by representatives of the Federal Government and the local in-terests, having equal collective voting power so that a majority vote of the representatives of the Federal Government voting by themselves, and a majority vote of the representatives of the local interests voting by themselves shall be required before their action shall be operative.

As to projects located entirely within, or which affect the interests of a state the rights and interests of all concerned shall be represented by the local interests organization which shall retain full voting power.

In order to effectuate the representation of the local inter-ests, the local interests should be represented by presently existing, or created state organization, or by organizing local interests into an organization, association, company or other group under state law to the end that there are organizations, associations or other groups created as legal entities authorized to contract and legally accept and perform responsibilities. 1. Rights and interests and resulting responsibility of the

Fed-eral, State and local governments in (1) Local Projects, and (2) Interstate Projects, with respect to:

(a) Use and control of water through basin-wide, integrated multiple-use facilities and land and water development.

Complex, basin-wide water problems may best be solved on a basin-wide, multiple-purpose basis. Planning for the conserva-tion, development and utilization of water and land resources should be basin-wide in scope. Once the plans are formulated, however, development should proceed as rapidly as. possible. Some areas within a basin may be developed more rapIdly than others. No effort should be made to retard or postpone the de-velopment of such areas as long as the dede-velopment is consistent with the over-all plans for basin-wide development.

Irrigation and upstream development, including flood control and hydroelectric power, should not be penalized in time of development as contrasted to other phases of a basin-wide program.

The committee recognizes that it is difficult to adopt a hard and fast rule covering ~ll basins since some are already partly

(20)

6 DEVELOPMENT OF WATER RESOURCES NATIONAL RECLAMATION ASSOCIATION 7

developed; that any policy adopted must be flexible taking into consideration local conditions and development already com-menced.

(b) Preference in the use of water for irrigation and related beneficial consumptive use purposes, West of the 98th Meridian with respect to downstream uses for navigation.

The control, regulation and utilization of water in the arid and semi-arid areas of the United States shall be in accord with the principle that the highest use shall be for domestic and municipal consumption and for growing crops; that multiple-use or power projects shall be so designed and operated that domestic and municipal and irrigation needs shall at all times be paramount to the requirements of hydroelectric energy pro-duction; and that the imposition of Federal jurisdiction under the Commerce Clause to maintain navigable capacity and regu-late floods in lower reaches of rivers having their sources in the arid and semi-arid region, shall recognize the optimum use of water for irrigation purposes.

(c) Surveys, investigations, planning and research.

In the conduct of the investigations and in the formulation of the plans, the people immediately concerned shall be repre-sented by the organization of local interests hereinbefore pro-vided for.

Basin-wide planning for development should be based on ad-equate surveys and investigations. These research activities should be undertaken as early as possible in order that develop-ment programs may be guided by the findings and conclusions. There is both a national and a local responsibility in the de-velopment of the river basin. The passage in 1902 of the Rec-lamation Act was, in effect, a recognition of the Nation's interest in the development of the rich resources of the western states. The Nation as a whole cannot continue to prosper if important segments are weak and depressed.

The local interest in a basin's development is obvious; it is within the basin that the effects of development activities have their greatest impact.

The committee recognizes that navigation and flood control are primarily responsibilities of the Nation; appropriate federal agencies should continue to exercise discretion over planning and operation with regard to these important activities within broad limits imposed by basin-wide plans for over-all develop-ment.

(d) Construction.

(1) Responsibility for actual construction.

(2) Responsibility for financing-Federal and non-Federal. (3) Responsibility for repayment of construction costs.

,

Projects financed by state or local jurisdictions should be con-structed by the state or local agencies which are authorized by state law to engage in such activities.

Construction of projects related solely to flood control or to navigation should be the responsibility of the appropriate Fed-eral agency.

Construction of multiple-purpose facilities should be under the supervision of the Federal agencies through which the projects are financed. Provided, however, that the local interests organi-zation hereinbefore provided for shall have participated fully in the formulation of the plans that the individual projects seek to effectuate.

The committee believes that responsibility for the repayment of construction costs should be fixed and determined on the basis of the findings resulting from the surveys and investigations. After the total amount to be repaid has been fixed, the specific amounts to be repaid by irrigation and domestic users shall be determined; in setting these amounts, the benefits received and ability to repay the cost shall be carefully weighed.

The specific amount found to be repayable for hydroelectric development shall be repaid, from the sale of hydroelectric en-ergy. In fixing the rate for which hydroelectric energy shall be sold, bookkeeping and accounting for that purpose shall be in accordance with classifications and accounting procedures used by all other electric power agencies, both private and public, ex-tended to show the correct cash basis after providing for repay-ment of principal and interest, and renewal and replacerepay-ments in lieu of depreciation.

(e) Responsibility for operation.

Responsibility for the operation of facilities directly related to irrigation, such as distribution facilities, should rest with the water users.

Responsibility for operation of facilities which relate solely to navigation or flood control should rest with the appropriate Federal agency or be carried on by water users subject to criteria set by the Federal agency.

The responsibility for the operation of facilities which serve several of these purposes should be fixed and determined by the local interests organization, hereinbefore provided for.

(f) Contracts with Federal Government for use of water. (1) Joint liability.

(2) Percentage contracts. (3) Interim and 9(e) contracts.

The committee recommends that joint liability contracts, per-centage contracts, and interim and 9 (e) contracts, and all other

(21)

8 DEVELOPMENT OF WATER RESOURCES NATIONAL RECLAMATION ASSOCIATION 9

forms of contract, should be optional with the local contracting agency representing the water users.

The option shall be exercised by the organization represent-ing the local interests and, at the time such option is exercised, the contract shall be executed.

In the event that interim and 9 (e) contracts are used, the total amount to be repaid and the period of time during which payments are to be made shall be approved by the organization representing the local interests and stated in the contract.

Under any form of contract other than one for temporary service, a permanent water right, as prescribed by Section 8 of the Reclamation Act of 1902, must be vested in the water users. 2. Ownership of facilities.

(a) Local Projects (b) Interstate Projects

Ultimate ownership of facilities shall be determined at the time that surveys and investigations are completed by the or-ganization representatives of the Federal Government and of the local interests.

3. Basin account.

(a) Application of revenues, including returns from power and other uses of water.

Use of the basin account should be optional with each basin. If the device is used, however, it should be restricted to electric power and domestic use revenues only, and, in addition, the determination should be made when the surveys are completed or before development begins. The basin account should not be applicable to flood control and navigation costs.

The development of electric power shall be incidental to the development of irrigation and other water resources develop-ment.. Power revenues shall be used to aid the repayment of irrigation costs beyond the reasonable ability of the land to pay. No such revenue shall be used, however, unless specifically auth-orized by Congress in the authorization act, nor should such power revenue be used to aid irrigation development outside of the basin (as defined by law or compact) from which it is produced.

4. Appraisal of revenues, including returns from power and other uses of water.

Costs of water development to be repaid by local interests

~hall b.e fixed before the time actual construction begins. Some IntangIble benefits, such as increase in wealth, income taxes health, tour~sts, and stabilization of national economy, are not measurable In dollar value but should be considered in the plan-ning and in the determination of the feasibility.

5. Non-reimbursables.

N on-reimbursables have in the past been considered to include navigation, flood control, fish and wild life.

It appears that other non-reimbursables might be included, such as silt control, fulfillment of International Treaty obliga-tions, salinity control, recreation, the additional food supply which will be furnished through further development, further opportunity for individuals, ex-servicemen as well as others, strengthening of the National economy by providing new sources of revenue in the form of added taxes, providing a better stand-ard of living for the people of our Nation, including better health, and many others, provided that definite yard-sticks for measur-ing the dollar value of each such non-reimbursable be established by Congress.

Surveys, investigation, planning and research should fix and determine the dollar value of all reimbursables, and non-reim-bursables, both as to amount and time of repayment.

ORGANIZATIONAL RESPONSIBILITY AND RELATED POLICY

(Sub-Committee No. II)

For information of CURRENT STATUS and for BACK-GROUND MATERIAL on this section of the Water Policy Re-port see the APPENDIX.

1. Organizational responsibilities for planning, construction and operation of local and interstate projects:

CONCLUSIONS AND RECOMMENDATIONS:-APPLICABLE TO ALL PROJECTS. . ..

A. Section 1 of the 1944 Flood Control Act should be expanded to include ALL Federal agencies concerned with the development of water resources and to provide that the use of water West of the 98th Meridian for consumptive use purposes be adequately protected against the use of water for navigation purposes in all river basins which have their source in or which flow through any of the seventeen Western Reclamation States.

B. In accordance with Resolution No. 10 of the 1951 NRA Convention:

Section 1 (b) of the 1944 Flood Control Act should be broadened to apply to ALL works for navigation and power as well as only works authorized for construction by the 1944 Act.

C. S~ates should take advantage of the existing provisions of SectIOn 1 of the Flood Control Act of 1944 and use it as a means for states to participate in the planning of water resource development.

(22)

10 ORGANIZATIONAL RESPONSIBILITY AND RELATED POLICY NATIONAL RECLAMATION ASSOCIATION 11 CONCLUSIONS AND RECOMMENDATIONS:-INTERSTATE

PROJECTS....

A. The basin-wide planning and development of the nation's rivers, involving two or more states may, and should be accom-plished under appropriate interstate compacts. Such compacts are desirable to:

(a) recognize, preserve, protect and integrate the respective rights, interests, jurisdictions and responsibilities of the Federal and State Governments;

(b) preserve local and state autonomy under our Federal-State system of government, while at the same time recognizing the power of Congress to promote the general welfare and to provide for the participation of the Federal Government in projects for reclamation, irrigation and other similar internal improvements:

(c) promote interstate comity and remove causes of present and future controversies;

(d) secure the expeditous basin-wide development of water resources for domestic, agricultural and industrial purposes, and for the protection of life and property from floods;

(e) integrate the operation of individual project facilities under a basin-wide plan of comprehensive development;

(f) provide for the effective and official participation of affected states in the planning for basin-wide development and likewise for their participation in the establishment of policies for the integrated control of the operation of constructed pro-ject facilities; and,

(g) .meet the threat of legislation heretofore proposed for centralIzed Federal control of the development of the Nation's rivers.

An essential provision of any compact, to accomplish the pur-poses ab?ve.en~merated, is one creating an administrative body and specIfYIng Its powers. Such a compact, in addition to being ratified by the signatory states and consented to by the Congress, must also be supported by concurrent Congressional legislation making the compact binding upon the Federal Government. CONCLUSIONS AND RECOMMENDATIONS:-LOCAL

PRO-JECTS: . . .

. A. ~hrough legally constitut~dorganizations and in coopera-tIon wIth state and local officIals, water users must exercise initiative and accept responsibility if their rights and interests are to be protected from the encroachment of ambitious Federal

agencies which have striven to dominate the water development program of the West.

2. Effects on state, county and local taxes and payments in lieu of taxes . . .

CONCLUSIONS AND RECOMMENDATIONS:

A. It does not appear possible to suggest a specific formula which would be equitable and in the best interests of the water development program and applicable to all project developments. B. The provision of payments in lieu of taxes is not a neces-sary accompaniment of every Federal Government venture in water resources development.

C. The equities of the tax structure as it affects local and state property values should be considered in the planning and development of any project and where it is necessary to prevent inequities, payments in lieu of taxes should be provided. For example, there may be many cases in which the withdrawal from local and state tax bases of property required for project pur-poses, may justify payments in lieu of taxes.

3. Preservation of integrity of state water laws and jurisdic-tion of state courts over quesjurisdic-tions of the acquisijurisdic-tion, disposi-tion and administradisposi-tion of rights to use of water. . . . CONCLUSIONS AND RECOMMENDATIONS:

A. The preservation of the integrity of State laws governing the control, use and distribution of waters is a basic principle fundamental to the development of the water resources of the West. All necessary steps should be taken to maintain com-pliance with the provisions of Section 8 of the Reclamation Act of 1902 by the Secretary of the Interior and by the United States Department of Justice.

B. In constructing and operating Federal projects within states or portions of states lying west of the ninety-eighth meridian, Federal agencies in charge of interstate projects should initiate and administer the same in conformity with the laws of the states wherein such projects are located.

C. Projects lying wholly within the boundaries of a single state and having no direct effect upon another state or states should be administered strictly in conformity with the laws of the affected state.

4. Federal claims to the ownership of unappropriated waters.... CONCLUSIONS AND RECOMMENDATIONS:

A. Continued vigilance to the menace of Federal claims to the unappropriated water of the West .must prevail.

References

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