that a proper interpretation of section 9 of the

RBBOLUTION NO. 1

WHER~S,

The intent of the Reclamation Act of 1939, as indicated by its legislative history, as viewed by the reclamation interests of the West, and as interpreted ^by the Bureau of Reclamation for five years fol-

lowing the adoption of the Act, was that costs chargeable to power, in addition to operation and maintenance costs, should be sufficient to return to the United States the power construction costs plus interest at three percent per annum. on what 1s described in the Act as "an appro- priate share of the construction investment"; and

WHER~S,

The Solioitor of the Department of the Interior, under an opinion given on September 29, 1944, held:

H • • •

that a proper interpretation of section 9 of the

Reclamation Act of 1939 and the Hayden-OlMahoney amendment to the Department's Appropriation Act of 1939 require that the minimum rate schedule be such as to produce revenues suffi- cient only to meet in addition to the return for operation and maintenance cost, an amount equal to 3 percent of the power construction costs with the proviso that if total revenues thus produced are insufficient to repay all costs allocated to power to be repaid by power revenues, lother

fixed charges' must be included in the rate schedule to pro- duce revenues sufficient to repay such costs •••

and

WH~,

Although the So11cltor

s interpretation of the 1939 Act pro- videa for minimum power rate schedules only, it nevertheless lays a basis for fixing costs chargeable to power, and adjusting ratea in accordance therewith, contrary to the accepted intent of the 1939 Act at the time of its adoption, with results and implications of vital concern to the

Reclamation programs and to the national interest; and

WHER~S,

The application of the Solicitor's opinion particularly

to a broad program of basin-wide development may have wide-reaching

effects contrary to the intent of CongrQ2s and to the policies now and

heretofore supported by this Association, which have asserted the prin-

ciple that power production should be inoidental to reclamation and should

return, 1n addition to its ahare of operation and maintenance costs, at

least a sufficient amount to repay the power construction investment, plus

interest as provided in the Act, and, where pOSSible, aid in returning the

cost of the irrigation features where the latter, if charged in full,

would impose a burden beyond the ability of the water users to repay;

That the policy in Reclamation development which

be effectuated by the opinion of the Solicitor of the Department of the Interior, above mentioned, should not be permitted to prevail; and

BE IT FURTHER RESOLVED, That this Assooiation hereby registers its

belief in, and approval of, the intent of the law as originally inter-

preted, and directs its officers to seek the enactment by the Congress

of legislation making such intent effective and rendering nugatory the

opinion of the Solicitor referred to herein.

RESOLUTION' NO. 2

WHEREAS, There are now at least three bills before Congress providing for Federal activity in the field of stream pollution abatement; and

WHEREAS, The responsibility for the formulation and execution of stream pollution abatement programs rest principally with state snd local governments;

NOW THEREFORE BE IT RESOLVED, That the National Reclamation

Association expresses itself in favor of the inclusion of a Congres-

sional declaration of policy in all Federal stream pollution legisla-

tion which will appropriately recognize and protect the rights and

responsibilities of the states in stream pollution abatement programs.

W HEREAS, The reclamation of arid lands is increasingly an important undertaking in the vital reconversion program, through providing homes and occupations. for war veterans, and for meeting the urgent need for increased food production; and

V mEfiliAS, The Bureau of Reclamati9nfs plans for the fullest utilization of the N ation's water require a great deal more informa.tion on the quantity and quality of the surface and ground w e. ters of the West; and

V;HEP.EAS, Continuance and expansion of the Geological Survey

s stream- gaging ground water, sedimentation, and

of water programs are es- sential in planning the development and administration of irrigation en- terprises; in dividing waters of inter-State streams equitably between states, by compact or otherwise, for assuring a better understanding be- tween

users; and for promoting a more effective use and control of water; and

W HEREAS, A deficiency now exists in funds available to the Geological Survey for carrying on its present water resources investigations;

N O V ] THEREFORE BE IT RESOLVED, That the secretary-manager, officers, and directors of the National Reclamation

are authorized and urged to support the Bureau of

and the Geological Survey in their efforts to provide now and in the

future additional stream gaging facilities and to expand investigations of ground water, sedimenta.- tion, and quality of waters in the W est, and to that end to take .all' :$teps necess ary to advise Members of Congress of the importC'..nce of more adequate w ater investigations, and to urge the appropriations required therefor;

and

B B IT FURTHER RESOLVED, That this Association, through its officers,

m embers and associate members strongly urge upon our representatives in

Congress, the necessity of providing an adequate supplemental appropri a-

tion to the "gaging stream" item in the Interior Deportment budget to m atch

all state offerings for the pres ent fisc al year.

RESOLUTION NO. 4

WHEREAS, The National Reclamation Association, by resolutions adopted at its annual conventions in 1943 and 1944, has consistently advocated the developrrlent of a comprehensive program of watershed research in the upstream portions of western drainage basins; and W HERE/.S, In spite of past efforts of the Association, wartime restrictions on research appropriations have prevented the development of such a comprehensive program;

NO~;

THEREFORE BE IT RESOLVED, That the officers of the National Reclamation Association again be authorized and requested;

(a) to promote the development of a comprehensive westernwide program of investigation by the Forest Service into the management of forest and range lands in relation to the water resource,

(b) to give their full support to such a program of watershed research,

(c) to take all necessary steps to advise members of Congress of the importance of such investigations, and

(d) to urge adequate appropriations for their full

development.

\iHER~S,

As the result of a Federal Government regulation estab- lishing a forty-hour week for government employees, the Secretary of the Interior has applied the regulation to all employees of the Bureau of Reclamation,

those engaged in the operation of Federal irrigation projects; and

WHEREAS, Though the forty-hour week can be successfully applied to some groups of employees operating irrigation projeots it is not feasible to apply this regulation, during the irrigation season, to employees engaged in the delivery of water for the reason that water is run in irrigation canals twenty-four hours per day, each day, during that part of the irrigation season when continuous use of water is required; and

~,

vfuen operating employees are restricted to a forty-hour week, responsibIlity for the operation of irrigation. works must be divided among two or more employees, a situation which has resulted, and will·oontlnue to result, in friction, misunderstanding and evasion

of responsibility among such employees; and will cause an impairment of irrigation service, waste of water, and crop loss on project farms; and

WHER~S,

The aforementioned difficulties find a practical solution in applying the forty-hour week to such employees engaged in the delivery of water during the period of minimum water use; and to permit such em- ployees to work such hours per week during that part of the season when continuous use of water is required, as has been the practice in the past, thus continuing the unimpaired service heretofore enjoyed;

NOW THEREFORE BE IT RESOLVED, That this Association urgently recom-

mends to the Secretary of the Interior that he designate as essential

overtime workers, during the period of aforementioned continuous use of

water, employees engaged in the delivery of water to water users in Federal

irrigation projects; and if such designation be found not feasible that

appropriate action be taken to bring about the desired effect herein set

forth.

RESOLUTION No.6

l~REAS.

The Reclamation law and acts amendatory thereof and supplementary thereto provide for the delivery of operation and main- tenance of federally constructed projects or divisions thereof to the properly organized bodies of water users in such projects or divisions when certain conditions prescribed by that law have been complied with;

and

¥ffiEREAS, Such delivery of operation and maintenance is in the interest of the water users and the reclnmation program in general; and

VffiEREAS, It has been called to the attention of the National Reclamation Association thet there are instances wherein the Bureau of

Recl~mation

has failed to deliver operation and maintenance to a

district for many yeers 3fter it had complied with all legal conditions and

formal request for a delivery

and

VffiEREAS. This Association, by Resolution No. 14, adopted at Denver, Coloraqo, on October 29. 1943, and by Resolution No.9, adopted at

Denver. Colorado, on November 17, 1944, declared that, in view of the above premises, it was the opinion of the Association thqt operation and maintenance of all projects and divisions thereof, constructed under the above laws and being operated by the Bureau of

should be given over to the properly organized bodies of water users at the earliest possible date after they have complied with all legal con- ditions; and

VlliEREAS, It has not been observed by the Association that any change of policy has been made by the Bureau since the adoption of said Resolutions Nos. 14 and 9;

NOW THEREFORE BE IT RESOLVED. That the National Reclamation Asso- eiation does hereby reaffirm the prinCiple declared in said Resolutions Nos. 14 and 9. and does hereby respectfully request that the Bureau of Reclamation correct its policy and initiate action to conform to that principle; and

BE IT FURTHSR RESOLVED, That the Secretary transmit a certified copy of this resolution to the Commissioner of the Bureau of

tion with the request for a statement of the views of the Bureau; and

BE IT FURTHER RESOLVED, That the officers and representatives of

this Association are directed to endeavor to carry into effect the

objects of this resolution.

i N HEREAS, There have been introduced in the Congress five bills proposing the creation of Valley Authorities and such proposed legis- lation is designed to encompass the entire United States in water, natural resource, and social resource development under the control of Authorities; and

~~EREAS,

The National Reclamation Association since 1937 has consistently opposed the development of natural resources through Regional Authorities; and

1AJ HEREAS, The Committee on Corrunerce and the Committee on Irriga- tion and Reclamation of the United States Senate have recommended that the pending Missouri Valley Authority bill do not pass and also

have denounced the Authority principle for the following, among other reasons:

1. Existing laws and procedures provide for full integration of the activities of established federal agencies charged with the responsibility of prosecuting the several phases of water and land resource development. These policies and

protect state rights and interests as well as state water laws, and provide for full cooperation between the local, state and federal interest.

2. The Bureau of Reclamation affords the benefits of resource development on a regional basis without the objE;ctionable features contained in proposed Authority legislation.

3. Under the pending Authority legislation policy and lavs respecting the use and control Dr water, heretofore established by the Congress, are abandoned and state water laws and states' rights and interests in water and its utilization and control are destroyed.

4. The Corps of Engineers of t he United States Army and the Bureau of Reclamation would either be eliminated entirely from a river basin under the control of an Authority, or their activities would be curtailed at the will of such an agency_ The laws under which these agencies now operate and the basic provisions of the pre-

sent Reclamation law would be drastically changed by the enactment

of proposed Authority legislation.

5. Enactment into law of the bills would seriously delay the construction of

planned by existing agencies of government coordinated regional developments, and authorized by Congress.

6. The Authority bills provide a means for the expansion of Govern- ment control of states, natural resources and individuals by Federal corporations. In essence they propose to create instruments of Govern- ment with questionable and irresponsible powers affecting the social, cultural, and economic welfare of the people of every section of the United states.

7. The creation of Authorities constitutes the surrender to Federal corporations of power which the Congress does not possess under the

Constitution. It is contrary to democratic traditions.

8. Local

would be denied by the enactment of such legislation.

9. The Irrigation and Reclamation Committee of the United states Senate correctly appraised Authorities when it said:

"It would mean the substitution of arbitrary power for democratic processes. It would mean the creation of a superstate--neither Federal nor State, and not contemplated by our Constitution. It would subject the social, cultural, and economic welfare of the Missouri Basin to the dictates and whims of a three-man board, not responsible to the people and largely irresponsible to the Congress itself. It would constitute a virtual abdication by the Congress in

favor of government by Federal corporations wielding auto- cratic powers, It would challenge State sovereignty and destroy systems of laws, both State and Federal, under which western agriculture has grown and prospered."

NOW THEREFORE BE IT RESOLVED BY THE NATIONAL RECLAMATION ASSOCIATION

AT ITS 14TH ANNUAL CONVENTION, That it reaffirms the position of the

Association in opposition to the creation of regional valley authorities

and that the Association shall continue to take all possible measures to

prevent the passage of the pending Authority bill and any and all other

similar legislation which may hereafter be introduced in Congress.

VlliEREAS, The Federal Flood Control Act and the 1945 Federal Rivers and Harbors Act each contain a Congressional declara.tion of policy which requires that the interests and rights of the states in water utilization and control shall be recognized, pre served and protected; and

VffiEREAS, Under such policy, Federal administrative agencies are

directed to cooperate fully with state governments in the planning of flood control and navigation projects; and

WHEREAS, The requirement for cooperative Federal-State participation

in Federal flood control and navigation programs squarely places the re- sponsibility upon state governments to provide governmental machinery necessary for their effective participation in such programs;

NOv~

THEREFORE BE IT RESOl.VED, That the National Reclamation Associa-

tion

that the states establish such machinery as is necessary

to carry out their

under the policy enunciated by Congress

in the enaetment of the 1944 Flood Control Act and the 1945 Rivers and

Harbors Act, and requests the Council of State Goverrunents to undertake a

program to effectuate this objective.

RESOLUTION NO. 9

\, V HEREAS, It is the position of the National Reclamation Association th at the states are vested with the right and power to regul&te and con- trol the use of water within their respective borders; and

W HEREAS, The rights and property of citizens c., nd the local tax struc- tures which support local government in the states and areas comprising w atersheds are seriously affected by present and proposed policies aimed

at perpetual Federal ownership of water use facilities erected in or adjacent to these streams; and

VlliEREAS,

provision should be made for declaring, defining, and protecting the rights, titles, and interests of the several states in and to such facilities, and the income derived therefrom; and

';JHEREAS, Provision should be made for the effective and economical administration of all such facilities with direct representation for all interests proper.ly eoneerned;

NOW THEREFORE BE IT RESOLVED, That the President of the National Reclamation Association be empowered and directed to appoint a conmittee of five members of the Association to assemble data end make a study of the rights, titles, and interests of the several states concerning all such facilities and to make report thereon, with recommendutions for such procedures as will protect the interests and welfare of the people in the areas affected; and

BE IT FURTHER RESOLVED, That said committee be empowered to call to its assistance such persons ,as the directors of the member states of the National Reclamation Association may designate as representatives of such states; and

BE IT

RESOLVED, That the President of the Natiot!al Reclama-

tion Association be authorized to invite cooperation in the study proposed

herein by such other states, organiz ations, or individuals as are interested

in these basic problems,

lmIEREAS,

Congress has authorized m any water projects for post-war construction, within the s eventeen western states; and

WHE REA S, Hostilities have ce R sed and the ti m e has now arrived for construction thereof; and

i\ EEREA S, A

of these projects have

yet received no appro- pri ations of money from the Congress, or in some cases, where such

appropri ations have been made, funds so appropriated have been impounded

by the executive branch of the Federal Government; and

VillERK A S, Such impounding of funds appropriated by the Congress after extensive and thorough hearings on all points involved is entirely

unjustified and constitutes an unwarranted interference with the legis- lative branch of the Government;

NOw THEREFORE BE IT RESOLVED, That the officers of this Associ 8tion

are authorized and directed constantly and diligently to urge Congress

to appropriate money for the immediate construction of projects author-

ized by Congress and, whenever funds which have been appropriated are

impounded, to protest vigorously against such action and urge their

immediate release.

RESOLUTION NO. 11

WHEREAS, The intent of the Reclamation Laws is to accord equal treatment to every type of water userst organization, and there should be no di.scrimination, under any Federal statute, between irrigation distric'ts, water userst associations, mutual ditch companies and other types of water users' organizations;

NOW THEREFORE BE IT RESOLVED, That in view of that intent the Reclamation laws and other federal statutes should be clarified where necessary to insure that the application of water revenues and power revenues to repaying the cost of construction, to pay operation and maintenance expenses, and otherwise to reduce the cost of water to the farmer on a reclamation project by whatever type of organization it is operated, does not constitute a dividend or distribution of such re- venues, but a proper disposition of the resources of a multiple- purpose project, as intended by Congress; and

BE IT FURTHER RESOLVED, That the officers and appropriate

committees of the National Reclamation Association are instructed to

present and endeavor to secure the adoption of clarifying legislation

to the foregoing effect.

tVHEREAS, In numerous reclamation projects in the seventeen western states customs of land use and occupation have developed and vested rights ha.ve attached through ownership and use which will make it difficult and uneconomical to conform to the fixed acreage limitations now required by the Reclamation A ct of 1902, as amended;

NOW THEREFORE BE IT RESOLVED, That the Association strongly urges

that the Congress give favorable consideration to the requests of all

projects for the modification of the requirements of the acreage limita-

tion provisions of said recl& mation acts so far as the same apply to such

projects, with due regard to the prevention of speculation in project

lands to the end that conditions incident to long experience gained

through past development and general usage may not be disturbed.

RESOLUTION NO. 13

~mEREASt

The 14th Annual Meeting of the National Reclamation Association has been well attended by representatives of the reclama- tinn states and their friends and has been most interesting and instruc- tive, and

VJHEREAS, Many persons and organizations have contributed to the interest and success of the meeting and to the comfort and the enjoy- ment of the delegates attending the meeting;

NOw THEREFORE BE IT RESOLVED. That we, the members of the National Reclamation Association in convention assembled at

Colorado, at said 14th annual meeting extend our thanks and appreciation to the Colo- rado Water Conservation Board, to the Denver Convention and Tourist

Bureau, the Denver office of the Bureau of- Reclamation, Mr. A. C. Stiefel, Convention Manager, the 4l8wspapers and radio stations, and the hotels of Denver; to those who have provided entertainment and to those who par- ticipated on the program of the meetings, including in

Dr. Harry T. Morris of Denver; Mayor B. F. Stapleton of Denver; Governor John C. Vivian; G. W. Lineweaver, Washington, D. C.; John L. Cregg, Las Cruces, New Mexico; Axel Persson, Sidney, Montana; David 3.

Washington, D. C.; Elwood J. Turner, Philadelphia, Pennsylvania; Lachlan Macleay, St. Louis, Missouri; William H. Webb, Washington, D. C.; Harry W. Bashore, Washington, D, C.; Lieutenant General R. A. Vfueeler,

Washington, D. C.; Charles F, Brannon, Washington, D. C.; J. W. Jarvis, Omaha, Nebraska; Michael W. Straus, Washington, D. C.; William E. Warne, Washington, D. C.; Dr. J. R. Mahoney, Salt Lake City, Utah; Alban J.

Parker, Montpelier, Vermont; Victor H. Schoffelmayer, Dallas, Texas;

L. Ward Bannister of Denver; Rev. Hubert Newell of Denver; Frederick P.

Woellner, Los Angeles, California; and Congressmen Henry C. Dworshak of Idaho and J. Edgar Chenoweth of Colorado;

BE IT

RESOLVED. That we also express our thanks to the City

of Denver and to the people of Denver for the excellent manner in which

all matters pertaining to the meeting have been handled, and particularly

to the Shirley-Savoy Hotel and to Ike Walton and his associate officers

and staff for the way in which theY , have contributed to the success of

this meeting.

RESOLUTION NO.6

Removal of Excess Land Provision

WHEREAS, The provisions of the reclamation law were enacted to apply to conditions on projects involving material areas of public lands and to afford a water supply to undeveloped arid areas; and

WHEREAS, There is little public land in present projects under contemplation or construction by the Bureau of Reclamation and the larger part of the areas to be served consists of lands in private ownership for which only a supplemental water supply will be furnished;

NOW THEREFORE BE IT RESOLVED, ThElt the National Reclamation Asso- ciation urges the removal of the excess land prOvisions of the reclama- tion lew for lands in projects of the Bureau of Reclamation already having partial water

whether from surface or underground sources;

AND BE IT FURTHER RESOLVED, That the National Reclamation Associa- tion urges the accomplishment of the above purpose by means of general

legislati~n

in order that the need for

large number of special

exemption acts for individual projects supplying supplemental water may be avoided;

AND BE IT FURTI!ER

Thst the National Reclamation Associa-

tion urges the immediate enactment of the

Elliott Amendment

to H. R. 3961 exempting the Central Valley Project from the excess land

prOVisions of the reclamation act as well as legislation so affecting

other like projects in order that this project may secure the relief it

requires without being delayed until general legislation may be enacted_