WiJ.liam A. Smi th, Supervisor County of Los Angeles

OFFICERS

O.S.WARDEN PRESIDENT

ORA BUNDY FIRS1' VICE· PRESIDENT

ROBER1' W • SAWYER SECOND VICE·PRESIDEN1'

J.A.FORD TREASURER

F.O. HAGlE SECRETARY. MANAGER

•

DIRECTORS

HUGO B. FARMER YUMA. ARIZONA

J.R.FAUVER EXETER. CALIFORNIA

CLIFFORD H. STONE DENVER,COLORADO

N.V.SHARP FILER, IDAHO E. PORTER AHRENS

SCANDIA, KANSAS

O.S.WARDEN GREAT FALLS, MONTANA

H.D.STRUNK MCCOOK,NEBRASKA

A. M.SMITH CARSON CITY. NEVADA

E.W.BoWEN TUCUMCARI, NEW MEXICO

HARRY E. POLK WILLISTON, NORTH DAKOTA

FRANK RAAB CANTON, OKLAHOMA

ROBERT W. SAWYER BEND,OREGON

MILLARD G. SCOTT PIERRE, SOUTH DAKOTA

MILTON E. DANIEL BRECKENRIDGE, TEXAS

ORA BUNDY OGDEN, UTAH

J.A.FoRD SPOKANE, WASHINGTON

W. F. WILKERSON CASPER, WYOMING

•

OFFICE of SECRETARY-MANAGER

•

Mr ^It

WiJ.liam A. Smi th, Supervisor County of Los Angeles

Los Angelos, California

~

dear Mr. Smith:

•

August 24. ¹⁹⁴⁴

Your letter of August 18th is at hand. While I was somewhat

dis~ppointed

that you did not submit some proof of the rather serious charges contained in the recent resolution to Governor

\~arren,

I am quite interested in some of the statements which it docs contain.

This office has no desire to influence or make any deal with the Los Angeles County Board of Supervisors to withdraw the reso-

lution. In fact" if anything is out of order with the National Reclamation Association you and the County Supervisors are ren.der- ing a public service to expose it; to do less would be failing your responsibility as a member of this Association" as a public servant, and as a taxpayer. Personally, I hope the resolution will not be withdrawn until the charges have been thoroughly

investigated and are sustained or proven groundless.

The content and possible implications of paragraphs 2, 4,

and 5 of your letter are such that I feel that I should discuss your Ie tter paragraph by paragraph.

Second paragraph. If I had not known you personally for several years I might easily suspect that you were attempting some kind of an intimidation or shake-down game. You say:

"If

wo can be

that tho National Reclamation Association

and its officers will get back in line and work for reclamation

the Board of Supervisors will withdraw the Resolution passed last weok.

110

evidence has been produced that anyone has been out of line, thereforo

I see no way to get anyone back into line. If anything is out of line the chH.rgc should not be withdrawn, the churges should be pressed, and you who make the charges should produce evidence to sustain your charge and do it promptly. If

there is no evidence to prove the charges then they should

ANNUAL PRECIPITATION 2 TO 30 INCHES

be withdrawn pllb.lically without asking to be assured of any-

thing more than any other member is assured of - that the

ANNUAL PRECIPITATION 30 TO eo INCHES •

U. S. Weather Bu.reau.

Nutional Reclamation Association will move along at its job as it has in tho P£\st. I

of no basis for your belief that it will do otherwise.

AN EXPANSION OF WESTERN IRRIGATED AGRICULTURE PROVIDES THE SUREST AND QUICKEST MEANS OF INCREASING AMERICA·S WAR FOOD PRODUCTION. FOOD IS FAST IECOMING ONE OF THE MOST CRITICAL OF ALL WAR MATERIALS

Mr. William A. Smith - Page 2 August 24. ¹⁹⁴⁴

Third paragraph. I know of many men throughout the West who concur with this appraisal of the work of this Association. I hope it is c6rrect.

Fourth paragraph. Here you say: itA few years a.go I felt that a small political clique was being formed within the Association which was interested priMLrily in their own selfish motives rather than in the welfare of the whole west. This po1i " tica1 set up became quite evident in the meeting

fow years ago ut Phoenix, Arizona.

This is a veri general description of what you felt was taking place.

From your description I can not identify it with any particular activity. It is, of course" known to many people and to all Association llinllgers that there probably never was a successful association or organization that ever attained a place of influence and prestigo but that certain individuals, groups, cliques"

or special interests attempted to use it to help attain their own ends. In the case of such an Association as the National Reclamation Association these in- dividuals a.nd groups are many and diverse" ranging from "high government" to

"big private entorprise." Unless they aro successfully resisted tho whole purpose of the Association would be subverted. Resisting such infiltration is largely a job for the management to contend with. It is not a matter that you can, or do, deal with in Bulletins or about which you carryon extended

pondence. They must be resisted as subtly as they attempt to insinuate them- selves into the fabric of your organization. I a.m proud of our success thus far in resisting all such efforts of intrusion.

Fifth paragraph. We are cognizant that the NEltionaJ. Reclamation

like all such Associations" is subject to political pressure and pressures of all kinds. The problem here is not unlike those which are referred to in your fourth paragraph and must be doalt with Similarly. In more than twenty-five years of Association management, I find

dealing with all such intrusions becomes merely a part of the routine of maintaining an organization and of

ing it function. seldom do such problems become sufficiently serious to detruct greatly from the job at hand.

Sixth paragraph. In this paragraph you express the hope that the Resoluticn has served to bring such matters to an end becaus e the Association is too valu- able to allow itself to be subordinated to political chicanery. I personally see no basis whatever for such a hope because only effective and influential organizations are valuable and as long as this Association is effective, efforts will be made to use it by such groups as you describe.

In the eight years or more tha t I have been Manager of the N a tional Recla- mation Association no special interest or political group has ever been able to further its interests through the Association or any of its officers to my knowledge. Proof to the contra ry is urgently solicited.

Seventh paragraph. When proof of anyone of your charges" allegations,

and insinuations is established I am certainly deserving of such criticism as

the dereliction deserves. In the meantime" I hopo you will feel freo to criti-

cize me upon suspicion or upon general principle. Every man needs a certain

amount to keep him on his toes.

Mr. William A. Smith - Page 3 _August 24, 1944

Eighth paragraph. You say: ttLet us hope that we can all get together at the Chica.go Meeting and have everything worked out so that by the time the regular Annual :r-'J.8eting is held in Denver, we will all be working for reclamo.tim and only for reclamation.

Mly I point out that the Chicago Meeting is called by four widely scattered water groups for a specific purpose and it is my

standing that only those who are interested in that specific purpose will parti- cipate. That purpose is to agree upon amendments to the Rivers and Harbors and Flood Control Bills now before the Senate. Further, it is my understanding that the amendments sought are for the purpose of making it possible to continue reclamation throughout the west to the limit of the west's remaining meager water supply and to bring about a closer coopera.tion among state and Federal aGencies, and a closer correlation of Federal agencies to advance reclamation and other multiple-purposo projocts.

In the absence of a public withdrawal of the charges contained

Los Angeles County Resolution, I am takinG the liberty of sending copies of your

letter and this reply to a scattered group of our member organizations through-·

out the state of California who otherwiso might not have accoss to your charges and to this statement of fact,

Looking forward to an early substantiation or a prompt public withdrawal of your charges, I remain

FOH:EH

cc: Governor Earl Warren

Sincerely yours,

F. O. Hagie

Secretary-Manager

OFFICERS

O.S.WARDEN PRESIDENT ORA BUNDY FIRST VICE. PRESIDENT

ROBERT W. SAWYER SECOND VICE.PRESIDENT

.I. A.. FORD TREASURER F.O.HAGIE SECRETARY. MANAGER

•

DIRECTORS

HUGO B. FARMER YUMA, ARIZONA

J.R.FAUVER EXETER, CALIFORNIA

CLIFFORD H. STONE DENVER,COLORADO

N.V.SHARP FILER, IDAHO

E. PORTER AHRENS SCANDIA, KANSAS

O.S.WARDEN GREAT FALLS, MONTANA

H.D.STRUNK MCCOOK. NEBRASKA

A.M.SMITH CARSON CITY, NEVADA

E.W.BoWEN TUCUMCARI, NEW MEXICO

HARRY E. POLK WILLISTON, NORTH DAKOTA

FRANK RAAB CANTON, OKLAHOMA

ROBERT W. SAWYER BEND,OREGON

MILLARD G. SCOTT PIERRE, SOUTH DAKOTA

MILTON E. DANIEL BRECKENRIDGE. TEXAS

ORA BUNDY OGDEN. UTAH

J.A.FoRD SPOKANE, WASHINGTON

W. F. WILKERSON CASPER, WYOMING

•

OFFICE of SECRETARY-MANAGER

•

l1EMORANDUM TO:

Honorable Earl Warren Governor of

Saoramento, Californin

1119 NATIONAL PRESS BUILDING

•

August 10, 1944

Subject: Replr to Los Angeles County Resolution Dated August 8, 1944 The attached Resolution by the Board of Supervisors of the County of Los Angeles, which has just come to

attention, charges officials of the National Reclamation Association withe

1. Endorsing the Mexican Treaty and leading the fight for its ratification.

2. Opposing the Rivers and Harbors Bill and the Flood Control Bill.

The Constitution of the National Reclamation Association provides for a Board of Directors composed of one man from each of the seventeen uffili- ated States. to be chosen

the delegates of each State in caucus assembl- ed. The Board of Directors elect from their number a President. two Vice- Presidents and a Treasurer. A Secretary-Manager is also eleated. Those officials and Direotors make up the duly constituted offiaeTs of the Assooiation against whom the charges are mude.

In regard to the Mexican Treaty. the National Reolamation Association has never had under consideration the Mexioan Treaty, and has never taken any action or position on the issue. The writer, as Seoretary-Manager of the Association, has been importuned by both factions in the Mexican Treaty matter to take sides but has refused on the grounds that (1) the Associa- tion as such had taken no position on the matter, and that (2) the Mexican Treaty was a controversial matter affeoting only seven of the seventeen states within the Association. All other officers of the Association, be- ing . State Directors, are chosen by the water interests of their respeotive

St~tes

and mayor may not, with equal propriety be aotive on one side or the other of the issue as

as individuals or as the water interests of their States may decide. We believe that the statement that "certain officers of the Assooiation are loading the fight for the rntification of

the Troaty, using the name and tho prestige of the National Reolamation Association in their activities" is a mis-statement of fact. We know

ANNUAL PRECIPITATION 2 TO 30 INCHES

ANNUAL PRECIPITATION 30 TO 10 INCHES

f no such activities tmder the name of this Associa.tion. This office u.

would welcome proof of such nctivities from any source.

AN EXPANSION OF WESTERN IRRIGATED AGRICULTURE PROVIDES THE SUREST AND QUICKEST MEANS OF INCREASING AMERICA'S WAR FOOD PRODUCTION. FOOD IS FAST IECOMING ONE OF THE MOST CRITICAL OF ALL WAR MATERIALS

- 2 -

In

regnrd to the seoond oharge.

oonformity with Resolution No. 11 passed by this Assooiation at its last Annual

in Denver, ,:Ootober 27, 28 and 29, 1943' (ooPY enolosed), the offioers and Direotors, Committees and mombers of tho Assooiation have initiated and aotivoly advanoed Amendmonts to the Rivers and Harbors Bill (H.R. 3961) and the Flood Control Bill (H.R. 4485).

Copy of the Amendment is

The Association's position on these issues are now supported (as indioated

the attaohed Bulletin) by the following individuals and groups,

President Franklin D. Roosevelt The National Demooratio Party The National Republioan Party

The St. Louis Conferenoe of 26 Republioan Governors Twelve Eastern States drained by the Conneoticut, the

Delaware

the Potomao Rivors

And, we believe, by a substantial majority of the members of the United states Senate.

The Assooiation hopes to warrant the continued moral

financial support of tho State of California. .

FOH:EH Enolosures

submitted,

F. o. • ^Hagie

Secretary-I1anager

Copy to Board of Supervisors, County of Los Angeles.

Introduoed by Supervis or W.

Smith 8-8-44

RESOLUTION

WHEREAS, the California State Legislature at its last regular session appro- priated funds to pay the California State assessment of the National Reolamation Association on the basis of benefits reoeived to the State of California from the activities of the National Reolamation Association; and

vlHEREAS,

the California State Legis lature at its last special sess ion appro- priated funds to be used in the fight against ratification of the Treaty with I"Iexico whereby Mexico would acquire substantial rights in waters of the Colorado

which are oonsidered the property of the Colorado River basin states; and

WHEREAS, certain member states of the National Reolamation Assooiation and oertain offioers of the Assooiation have endorsed the Treaty with Mexioo and are leading the fight for the rati fioa.tion of this Treaty

us ing the name and prestige of the

Reolama.tion Association in their activ" ities; and

WHEREAS, oertain offioers of the National Reolamation Assooiation are oppos- ing the Rivers and Harbors Bill and also the Flood Control Bill now before Congress, also using the name and prestige of the National Reolamation Assooiation in this fight

and

WHEREAS, these aotions on the part of. these officers of the Reolamation Association are in direct opposition to the welfare of the State of California which

is financing their activivies

THEREFORE BE IT RESOLVED that the Board of Supervisors of the County of Los Angeles does hereby request Governor Earl Warren, Governor of the State of California, to withhold any

payments from State funds to the National

Reolamation Assooiation until such time as the policies of the National Roclamation Association affecting the welfare of the Stute of California can be clarified

AND BE IT FURTHER RESOLVED that a copy of this Resolution

protest be

furnished to

R. Fauver, Exeter, California, he being the representative of

California on tho Board of Directors of tho National Reclamation Association.

Introduoed by Supervis or W.

Smith 8-8-44

RESOLUTION

WHEREAS, the California State Legislature at its last regular session appro- priated funds to pay the California State assessment of the National Reolamation Association on the basis of benefits reoeived to the State of California from the activities of the National Reolamation Association; and

vlHEREAS,

the California State Legis lature at its last special sess ion appro- priated funds to be used in the fight against ratification of the Treaty with I"Iexico whereby Mexico would acquire substantial rights in waters of the Colorado

which are oonsidered the property of the Colorado River basin states; and

WHEREAS, certain member states of the National Reolamation Assooiation and oertain offioers of the Assooiation have endorsed the Treaty with Mexioo and are leading the fight for the rati fioa.tion of this Treaty

us ing the name and prestige of the

Reolama.tion Association in their activ" ities; and

WHEREAS, oertain offioers of the National Reolamation Assooiation are oppos- ing the Rivers and Harbors Bill and also the Flood Control Bill now before Congress, also using the name and prestige of the National Reolamation Assooiation in this fight

and

WHEREAS, these aotions on the part of. these officers of the Reolamation Association are in direct opposition to the welfare of the State of California which

is financing their activivies

THEREFORE BE IT RESOLVED that the Board of Supervisors of the County of Los Angeles does hereby request Governor Earl Warren, Governor of the State of California, to withhold any

payments from State funds to the National

Reolamation Assooiation until such time as the policies of the National Roclamation Association affecting the welfare of the Stute of California can be clarified

AND BE IT FURTHER RESOLVED that a copy of this Resolution

protest be

furnished to

R. Fauver, Exeter, California, he being the representative of

California on tho Board of Directors of tho National Reclamation Association.

Association Agrees on 10 Policies That Should Govern Western Water-Membership Pledges Necessary

Action to Secure Recognition and .Adoption

*. *

\VHEREAS under and by virtue of Resolution No. ~

passed at the last year's meeting of this Association a committee was authorized to make a study of the matter of state control of non-navigable waters and said committee has made a study of said and related matters and reported to this meeting; and

WHEREAS this meeting has considered the said report and the recommendations made by the said committee and it appears from said report that there should be a declaration of policy by this Association in respect to the matters covered by said report: Now

therefore be it

Resolved) That this Association in regular meeting assembled does hereby state and declare the follow- ing to be the policies of this Association and its mem- bership is hereby pledged to the necessary steps to secure their recognition and adoption:

1. That the control, regulation, and utilization of water in the arid and semi'-arid areas of the United States be in accordance with the principle that the highest use shall be for domestic consumption and for growing crops, and that multiple-use or power projects shall be so designed and operated that do- mestic and irrigation needs shall at all times be para- mount to the requirements of hydroelectric energy production.

2. That the use of water for irrigation, industrial, and domestic purposes is local in character and plenary control thereof should rest exclusively in the states, and the claims of the Federal Government that it has a proprietary right to such waters invade the sovereignty of the states and should be resisted.

3. That the initiation of water rights for reclama- tion projects by the Secretary of the Interior be in accordance and compliance with state laws and the initiation thereof by issuance of a reservation under a claim of ownership of all unappropriated water (of non-navigable streams) is condemned and should at

all times be resisted.

4. That in the formulation of plans for basin devel- opment and in the authorization of specific projects procedures should be followed which will insure the recognition of applicable state laws and the appropri- ate coordination of Federal and state jurisdictions

over the water involved in such plans or projects.

5. That the creation of Federal regional authori- ties for the control of the planning, construction, and

operation of the water development projects is inimi- cable to the preservation of the state control over water resources.

6. That in the interest of economy, avoidance of duplication of effort, and to assure the highest use of the limited water resources of the West for beneficial purposes there should be correlation of the activitie:

of all departments, bureaus, and agencies of the Gov- ernment engaged in water development and flood control.

7. That while insisting upon the preservation of the integrity of state water laws, the states recognizt.

the legitimate exercise of Federal jurisdiction and should at all times endeavor to coordinate it with state jurisdictions over the appropriation and tise of water for beneficial purposes, but we are unalter- ably opposed to a policy designed to secure unassail- able Federal control of the limited and vital water resources of the western states in disregard of state laws.

8. That study should be given to a proposal to be submitted to Congress for legislation recognizing that the paramount and most beneficial use of water west of some designated line is beneficial consumptive use and that water uses in general should be governed by the laws of the states and that Federal agencies deal- ing with water in such regions be required to at all times observe such policy. Such legislation shall have due regard for the authority of the Federal Gov- ernment to maintain navigation but shall notwith- standing so far as possible give the states control over all uses of water within their borders.

9. That encouragement should be given to the use of interstate compacts, which are an implementation of the principle of equitable apportionment between states, for the purpose of settling any differences be- tween states over the waters flowing in streams com- mon to them and to insure the highest use of such water in promoting the well-being of the people living in the states.

10. That study be given to a proposal to be sub- mitted to Congress for legislation limiting the juris- diction and control of the Federal Government under the Commerce Clause over the non-navigable portion of streams but part of a tributary to a navigable stream.

RESOLUTION NO. 17

Recommended' by the Resolutions Committee and adopted by the National Reclamation Association, October 29, 1943

Draft of JUne 17, 1944

/

THE SO-CALlED 0

MAHONEY

Three Amendments to H.R. 4485 (Flood Gontrol Bill)

(1) At the proper plaoe in the bill insert the following:

In conneotion with the exercise of jurisdiotion over the rivers of the Nation through the construction , of worke of improvement, for navigation or flood oontrol, it is hereby deolared to be the polioy of the Congress to recognize the interests and rights of the states

determining the development of the

, sheds within their borders and likewise , their interests and rights in water uti- lization and control; to preserve and proteot to the fullest possibfe extent established and potential uses, for all purposes, of the waters of tho Nation's rivers; to facilitate the consideration of projects on a basis of oomprehensive, basin-wide doveloprnentj a.nd to limit the authorization and con3truction of navi-

ga.tion works to those in \mich

substantial benofit to navigtLtion will be

ed therefrom and which can· ,be operu.ted/consistently with appropriate and oconomic use of the waters of such rivers bY, other users.

In conformity with this polioy:

(a) Plans, proposals or reports of the Chief of Engineers, War Department,

fo~

any works of improvement for navigation or flood oontrol not heretofore or here- in

shall be submitted to the Congress only upon

with the

provisions of this paragraph (a). Investigations which form the basis of any such plans, proposals . or reports shall be oonducted in such a:. manner as to give to the affect.ed State or states, during tt.e course of investigations, information developed by the investigations and also opportunity for consultation regarding

and pro- posals, and, to tho extend deemed practica.ble by the

of Engineers, oppqrtunity to cooperate in the investigations. If such investigations in whole or part are

concerned with the use or control of wa.ters arising west of the ninetY-3Gventh

meridian, the Chief of Engineers shall give to the Secretary of the Interior, during , the course of the investigations, information devele-ped

the investigations and

also opportunity for consultation regarding plans and proposals, and to the extent deemed practicable by the Chief of Engineers, opportunity to coopera.te in the in- vestigations. The relations of the Chief of Engineers with any state under this paragraph (a) shall be with the Governor of the state or s. uch official or agenoy of the state as the Governor may designat-e • . The term Uaffected state or States" shall include those in which the works or any part thoreof are proposed to be located;

those which in whole or part are both within the drainage basin involved and west '.

of the ninety-seventh meridian; and such of those which are east of the ninety- seventh. meridian as, in the judgment of the Chief of Engineers, will be substantial- ly affected. Such plans,

or reports and related investigations shall be ITIl8.de to the end, among other things, of facilitating the coordination of plans for the construction and operation of the proposed works with other plans involving the waters which would be used or controlled by such proposed works. Each roport sub- mitting any suoh plans or proposals to the Congress shall set out therein, amone

other things, the relationship between the plans for construction and operation of

the proposed works and the plans, if any, of , the affectod States and of the Secretmy

of the Interior. The Chief of Engineers shall transmit a copy of his proposed

1 I

'.I~-" ^... :~. ^{• • I. " .• '}

- 2 -.

report to each affected state, and, in case the plans or proposals covered by the report are concerned with the use of control of waters whioh rise in whole or in pa.rt wost of the ninety ... sev6l).th meridia.n. to the Secretary of the Inter ior • Within ninety days from the date of receipt of said proposed report. the written Views a.nd

recom_~endations

of each affected State and of the Secreta.ry of the Interior may be submitted to the Chief of Engineers. The Seoretary of War sha.ll transmit to the Ccngress. with such comments and recomrr.endations as he deems appropriate, the pro- posed report together with the submitted views and

of affected states and of the Secretary of the Interior. The

of War may prepare and make sa.id transmittal any time following said ninety-day period. The letter of transmittal and its attachments sho.ll be printed as a House or SerA to document.

(b) The authorizations oontained in this act shall be

to the pro- visions of this paragraph (b). If a written objeotion to any of such authorizutions is filed with the Secretary of War within ninety days after tho date of such author- ization by the Governor of nny affocted State (as defined in paragrnph (a) of this section), or by tho Secretary of the Interior in

the works involve the usc or

co~trol

of waters arising in whole or

west of the ninety-seventh meridian, the;l the Chief of Engineers (1)

eive opportuni ty to be heard to representa:..

til.es accredited by the Governor of each

state, and to representatives of the Secretary of the Interior in case the works involve the use or control of wa t ers arising in whole or part west of the ninety-seventh

(2) shall

ur .l.d. ortako such investigations or roinvestigations as ho deoms a.ppropriate in

circll ..

Trlstances; and (3) shall prepare a reviow report and recoI!l1tendations in the light of said cbjections and hearings and shall transmit a copy thereof to each nffocted State and to the Secretary of the Intorior in case the works involve the

Uf:e

or control of waters arising in whole or part west of the ninety-seventh meri"b dian. The review report shall be of such scope as the Chief of Engineers deems ap- propriate in the circumstances. Thereupon, within ninety days from the date of receipt of said review report, the written views and

of each such State and of the Secretary of the Interior may be submitted to the Chief of Engin- eers. The Secr,etary of War shall transmit to the Congress# with such

and r3commendations as he deems appropriate, the review report together with the sub- mitted views

of such States and of the Secrotary of the

TIle

Secretary of War may prepare and .make said transmittal

time following said ninety-day period. The letter of transmittal and its attachments shall be printed as a House or

document. The authorization in question. with such modifica- tions of the plans for works as may have been recommended in the reviow report of the Chie

of Engineers. sha.ll be affective on the date when sa.id document is printed.

if the Secretary of War concurs

said review report and if tr£re is no objection thereto set forth

a submission of views and

made by a State or the Secretary of the Interior in acc-ordance with the'

procedure. The authori- zation. if objections thereto are set forth in such a submission, shall not be sffecti vO "unless and until othe rwise provided by subsequent Act of Congress.

Any authorization hereafter made based on a plan, proposal or report whicr.

has been made to the Congress prior to the date of this Act but which has not been heretofore or heroin authorized. shall likewise be subject to the provisions of this paragraph (b).

(c) The use for navigation, in connection with the operation and mainten-

ance of such, works herein or hereafter authorized for construction, of waters aris-

ing west of the ninety-seventh meridian

be subordinate to and sha.ll not ad-

versely affect at any tirre the benaficinl consumptive use

west of the ninety-sevEIlth

tBdritlial1.,.

such . waters " for ·domestic •. . . irrigation .. mining, or industrial purposes.

- 3 -

I

(d) The Secretary of the Intorior, in

investigations of and reports on works for irrigation and purposes inoidental thereto shall, in relation to an affected state or States (as defined in parngraph (a) of this Section), and to the Seoretary of War, be subject to the same provisions regarding investigations, plans, proposals and reports as prescribed

pa.ragraph (a) of this section for the Chief of Engineers arid the Secretary of War. In the event n submission of views

ro-

made by an affected State or by the Secretary ' of War pursuant to suid pro'risions, sets forth objections to the plans or proposals covered by tho report of the Secretary of the Interior, on

not inconsistent with paragraph (c) of this section, the proposed works shall not be deemed authorized except upon approval by an Act of , Congross; and subsection 9(a) of the Reclamation Projeot Act of 1939

(53 st£'.t. 118' 7) and subsectioll 3(30) of the Act of August 11, 1939 (53. Stnt. 1418), as amended, are hereby

accordingly.

(2) Amend section 4 to read as follows:

US

ec • 4. That the Secretary of , War is a.uthorized to sell to States .. mur..i ..

cipalities, private concerns, or individuals,

such pri'Ces and

such terns as he may deom

for donestic and industrial

surplus

rray be available nt any reservoir under the control of the Wur Department, but only to the extent that the right to the use of waters for those purposes has been established by proceeding in confornity with

state laws are applic&ble at the place of use.

All moneys ' received from such sales sha.ll be deposited in the Treasury of the ,United States as miscellaneous receipts."

(3) Strike out eo .. ll of section 6 and substit'ute in lieu thereof:

"Seo. 6. Hereafter, whenever the Secretary of War determines, upon recom- mendation

the Secretary of the Interior, that any nam and reservoir project . operated under the direction of the Secretary of War can be consistently utilized

for irrigation purposes, the Secret-fj:ry" of the Interior is authorized to construct, operate, and maintain, under the provisions of the Federal rE!claF.ation laws (Act of June 17, 1902, 32 Stat. 388, and acts amendatory thereof or supplementary thereto), . or under the

of other applicable laws, such additional works in connec-

tion therewith as he TIlI:l.y deen' necessary for irrfgation purposes. Such irrigation works may be undertaken only after a report and findings thereon have

made by the Secretary of the Interior as provided in said Fedoral reclamation laws or other applica.b10 laws; and, wi thin the limits of' the water users

repayment ability such report

be predicated en the allocation to irrigation of an appropriate portion . of the' bost of structures and facilities used for irriga.tion and other purposes.

Darn3 and

reservoirs operated under tho direction of the Seoretary of War may be utilized hereafter for irrigation purposes only in conformity with tho provisions of this soction, but the forogoiz1g requirement shall Lot prejudice la.wful uses now existing, nor shall this section apply to any dam or reservoir heretofore construct-

ed, . in whole or in part, which provides conservation stora.ge of water for irriga.tion

purposes."