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Senator Kuchel's 3.2 m.a.f. Analyses
Document: Senator Kuchel's 3.2 m.a.f. Analyses (photocopy), page 1April 15, 1964
Senator Kuchel's 3. 2 m. a. f. Analyses
Senator Kuchel, in his questioning of you and of other witnesses, has repeatedly stated that under the "Udall Plan" California would receive only 3. 2 m. a. f. annually from the Colorado River, with Arizona and Nevada each receiving their full allotment of 2. 8 and . 3 m. a. f., respectively.
He arrives at 3.2 m. a. f. by deducting from 4. 4 m. a. f. the 1. 2 m. a. f. of imported water. His mathematics is correct. However, he overlooks a number of factors:
1) Under the Udall Plan, when the river drops below 7. 5 and import water is necessary, California's share of the import water, on a pro-rata-basis, is 44/75, not all of it. The additional amount of import water California physically receives over and above 44/75 is by reason of an exchange of California's share of Colorado River water for import water. If import water were to be delivered into the Colorado River itself, California physically would receive all of its water in the Colorado River just as would Arizona and Nevada.Epson Perfection 4870 Photo, 400 dpi, 8 bit, 840,441 byte
Pacific Southwest Water Plan Section Analysis
Document: Committee Print, Pacific Southwest Water Plan Section Analysis, page 22 PACIFIC SOUTHWEST WATER PLAN
Subsection (b) gives the legislation the short title of the "Pacific Southwest Water Plan Act."
DEVELOPMENT FUND
Section 102 establishes the Pacific Southwest Development Fund, which is patterned after the Upper Colorado River Basin Fund created by the Colorado River Storage Project Act (70 Stat. 105, 107; 43 U.S.C. 620d). All appropriations for carrying out the features of the initial Pacific Southwest water plan authorized by section 103 of the bill would be credited to and expended from the fund, except for certain specialized recreation, fish and wildlife, and Indian programs.
All water and power revenues received from authorized regional projects will also be credited to the fund, as well as surplus revenues from the Boulder Canyon (Hoover Dam) and Parker-Davis projects that are available after fulfillment of repayment requirements and after reimbursement to the Upper Colorado River Basin Fund of any expenditures made therefrom to meet Hoover power deficiencies during the filling period of the storage unit reservoirs of the Colorado River storage project. These revenues will be available for: (1) Payment of reimbursable operation, maintenance, replacement, and emergency (but not construction) costs; (2) interest where provided for; (3) return to the Treasury of all reimbursable construction costs within 50 years, including irrigation costs beyond the ability of the water users to repay and the added costs involved in supplying water under the 7.5 million acre-feet objective referred to in section 101; and (4) payments as provided in clauses 103 (d) (2) (ii) and (iii) that might be required to provide financial assistance for areas of origin from which water supplies are exported to the Pacific Southwest region. Interest rates would be set for each project according to the formula applicable under the Water Supply Act of 1958.
INITIAL FEATURES
Section 103 authorizes the Secretary of the Interior to construct, operate, and maintain the following features of the initial Pacific Southwest water plan:
(a) Main-stream reservoir division.--This consists of the high Bridge Canyon Dam at the head of Lake Mead and the Marble Canyon Dam below Glen Canyon on the Colorado River. Also included are the small Coconino Dam on the Little Colorado River to control deposit of silt and debris in the Grand Canyon, and the Paria Dam on the Paria River to control deposit of silt and debris in the Marble Reservoir.
(b) Water salvage.--This program of water salvage through phreatophyte control along and adjacent to the main stream and ground water recovery in the Yuma area, generally as set forth in the Secretary's report, would supplement work undertaken as a part of the Colorado River front work and levee system pursuant to the act of June 28, 1946 (60 Stat. 338), as amended. The Department of State regards the United States as obligated by the Mexican Water Treaty of 1944 to discuss the ground water recovery program in all its related aspects with the Government of Mexico through the International Boundary and Water Commission before any construction is under-Epson Perfection 4870 Photo, 400 dpi, 8 bit, 1,785,560 byte
Pacific Southwest Water Plan Section Analysis
Document: Committee Print, Pacific Southwest Water Plan Section Analysis, page 44 PACIFIC SOUTHWEST WATER PLAN
We are not unmindful of the financial plight of the San Carlos project which has been caused by lack of an adequate water supply for the full 100,546 acres. As a matter of fact, the purpose of bringing in supplemental Colorado River water and lining the distribution system is to ease that plight. With the central Arizona project in operation, it seems clear that the San Carlos project can be made financially self-sufficient. Moreover, with a firm water supply assured, we believe the district's lands will have a repayment capability for debt retirement adequate to support payout in 50 years. Accordingly, we believe that the existing contract, in addition to a new con-tract covering supplemental water from the central Arizona project, should be renegotiated on terms generally conforming to Federal reclamation laws, such as those relating to excess land, land classification, and variable charges.
(d) Development of additional water supplies in California.--The initial plan contemplates the importation of water from the north coastal region of California to the southern California part of the Pacific Southwest. A very significant economy in this importation development can be achieved at this time through the authorization in paragraph (d) (1) for the Secretary to contract with the State of California for enlargement of the Tehachapi crossing (Wheeler Ridge to Cedar Springs Reservoir, a distance of approximately 130 miles) of the State water project aqueduct and tunnels. Under the bill, the United States would bear "an equitable share" of the costs of this enlarged section. The estimate of $240 million given in the Department's Pacific Southwest water plan as the Federal share of the capital costs represents the average between a division of costs on the basis of proportionate capacity and on the basis of proportionate use. This method of cost sharing is similar to the method used to determine cost sharing between the State of California and the United States for the joint-use facilities of the San Luis unit of the Central Valley project authorized by the act of June 3, 1960 (Public Law 86-488).
The San Luis legislation employs the same statutory term, i.e., "equitable share," as the basis for division of costs between the State and the United States. Pending authorization of the facilities required for the storage and conveyance of the water, the Federal payment toward the cost of the enlarged section would be limited to the incremental cost of the enlargement.
The contract also would provide for the State to market and deliver the additional water for purposes of the act. Central to these purposes is the objective of making up deficiencies, to the extent of 1,200,000 acre-feet annually in mainstream Colorado River water available for consumptive use in the States of Arizona, California, and Nevada in the amounts of 2,800,000, 4,400,000, and 300,000 acre-feet, respectively, at costs to users equivalent to those that would prevail were water available in the Colorado River for consumptive use in those States in those amounts.
Paragraph (2) of subsection (d) directs that the balance of the north coastal storage and conveyance system designed to make up to 1,-200,000 acre-feet annually available for the Pacific Southwest shall be planned on an expedited basis. Conditions are included to give protection to the areas of origin of these water supplies as follows:Epson Perfection 4870 Photo, 400 dpi, 8 bit, 1,601,312 byte
Pacific Southwest Water Plan Section Analysis
Document: Committee Print, Pacific Southwest Water Plan Section Analysis, page 55
PACIFIC SOUTHWEST WATER PLAN
(1) Exports are subordinated to the consumptive use needs of water-sheds of origin if other waters are not available for satisfaction of those needs; (2) financial assistance will be available from the development fund for future irrigation projects in the watersheds of origin, if necessary and not otherwise provided; and (3) financial support will be available from the development fund to offset added costs, if any, resulting to future projects for the benefit of areas of origin, or for the benefit of the State of California insofar as the State's total water supply is diminished, that result from preemption of lower cost sources.
(e) Southern Nevada water supply project and the Moapa Valley pumping project, Nevada.--In the case of the southern Nevada water supply project, the provisions relative to a contract with the State of Nevada, acting through its Colorado River Commission or other duly authorized State agency, are designed to provide for such an arrangement on terms essentially similar to those prevailing under the usual conservancy or master-type district arrangement with the Bureau of Reclamation. The Moapa Valley pumping project would be conditionally authorized pending completion of a feasibility grade report.
(f) Dixie project, Utah.--Authority is included for necessary measures as a reimbursable cost to dispose of the saline waters from La Verkin Springs or to indemnify downstream water users.
(g) Recreation and fish and wildlife.--This subsection authorizes recreation and fish and wildlife developments as part of the initial plan. It is similar in scope and purpose to section 8 of the Colorado River Storage Project Act, but has been modified in light of the proposed Federal Water Project Recreation Act (H.R. 9032). A specific reservation of Colorado River water is directed for non-Federal fish and wildlife uses in the region outside of California. The total of 84,000 acre-feet annually for this use would be reserved as follows: Arizona, 57,000 acre-feet; Nevada, 22,000 acre-feet; and New Mexico, 5,000 acre-feet. Availability of this water in each State will be dependent upon the amounts of main-stream water required to supply rights under the decree of the Supreme Court in Arizona v. California et al., existing on the date of enactment of this act. California is excluded from the reservation because water for this purpose as proposed in the fish and wildlife report would be available under the decree only on an interim basis in the absence of modification of the California Colorado River water delivery contracts through accommodation among the California water users. Availability of water for this purpose in New Mexico will require modification, by agreement of the appropriate parties, of the decree in Arizona v. California et al. Recreation is not included because consumptive use of water solely for this purpose is nominal. No further statutory authority is required to reserve water for these purposes in connection with Federal programs, subject to the decree in Arizona v. California et al.
(h) Indian irrigation projects.--Extension of the Colorado River and construction of the White River Indian irrigation projects are included as part of the regional plan.Epson Perfection 4870 Photo, 400 dpi, 8 bit, 1,767,953 byte
Section Analysis of Pacific Southwest Water Plan Bill
Document: Section Analysis, A Bill To approve a regional approach to the development of the water resources of the Pacific Southwest, to authorize features of the Initial Pacific Southwest Water Plan, and to establish a Pacific Southwest Regional Water Commission.", April 1964, page 1The San Luis legislation employs the same statutory term, i.e., "equitable share", as the basis for division of costs between the State and the United States. Pending authorization of the facilities required for the storage and conveyance of the water, the Federal payment toward the cost of the enlarged section would be limited to the incremental cost of the enlargement.
The contract also would provide for the State to market and deliver the additional water for purposes of the Act. Central to these purposes is the objective of making up deficiencies, to the extent of 1,200,000 acre-feet annually in mainstream Colorado River water available for consumptive use in the States of Arizona, California, and Nevada in the amounts of 2,800,000, 4,400,000, and 300,000 acre-feet respectively at costs to users equivalent to those that would prevail were water available in the Colorado River for consumptive use in those States in those amounts.
Paragraph (2) of subsection (d) directs that the balance of the north coastal storage and conveyance system designed to make up to 1,200,000 acre-feet annually available for the Pacific Southwest, shall be planned on an expedited basis. Conditions are included to give protection to the areas of origin of these water supplies as follows: (1) exports are subordinated to the consumptive use needs of watersheds of origin if other waters are not available for satisfaction of those needs; (2) financial assistance will be available from the Development Fund for future irrigation projects in the watersheds of origin, if necessary and not otherwise provided; and (3) financial support will be available from the Development Fund to offset added costs, if any, resulting to future projects for the benefit of areas of origin, or for the benefit of the State of California insofar as the State's total water supply is diminshed, that result from preemption of lower-cost sources.
(e) Southern Nevada Water Supply project and the Moapa Valley Pumping project, Nevada. In the case of the Southern Nevada Water Supply project, the provisions relative to a contract with the State of Nevada, acting through its Colorado River Commission or other duly authorized State agency, are designed to provide for such an arrangement on terms essentially similar to those prevailing under the usual conservancy or master-type district arrangement with the Bureau of Reclamation. The Moapa Valley Pumping project would be conditionally authorized pending completion of a feasibility grade report.
(f) Dixie project, Utah. Authority is included for necessary measures as a reimbursable cost to dispose of the saline waters from La Verkin Springs or to indemnify downstream water users.
(g) Recreation and fish and wildlife. This subsection authorizes recreation and fish and wildlife developments as part of the Initial Plan. It is similar in scope and purpose to section 8 of the Colorado
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A Bill to Approve a Regional Approach to the Development of the Water Resources of the Pacific Southwest, to Authorize Features of the Initial Pacific Southwest Water Plan, and to Establish a Pacific Southwest Regional Water Commission
Document: A Bill To approve a regional approach to the development of the water resources of the Pacific Southwest, to authorize features of the Initial Pacific Southwest Water Plan, and to establish a Pacific Southwest Regional Water Commission.", April 1964, page 1A BILL
To approve a regional approach to the development of the water resources of the Pacific Southwest, to authorize features of the Initial Pacific Southwest Water Plan, and to establish a Pacific Southwest Regional Water Commission.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That
TITLE I - INITIAL PACIFIC SOUTHWEST WATER PLAN
SEC. 101. (a) It is the policy of the Congress that a comprehensive, multiple-purpose, regional water plan, including a development fund, be initiated for the conservation, augmentation, and beneficial utilization of the limited water supplies of the Pacific Southwest to serve as the framework under which projects to meet that region's present and future water needs may be authorized, coordinated, and constructed with proper timing. Initial basic objectives of such a plan are (1) the continued availability for consumptive use in the States of Arizona, California, and Nevada of the equivalent of 2,800,000, 4,400,000 and 300,000 acre-feet of water per annum, respectively, from the mainstream of the Colorado River; (2) the authorization of specific features and programs consistent with that plan as adequate studies are made to define them in detail and to demonstrate their financial and engineering feasibility; and (3) the promotion of prudent water conservation practices to provide maximum beneficial utilization of available water supplies.
In keeping with the foregoing policy the Initial Pacific Southwest Water Plan (hereinafter referred to as the "Initial Plan") is herebyEpson Perfection 4870 Photo, 400 dpi, 8 bit, 909,577 byte
A Bill to Approve a Regional Approach to the Development of the Water Resources of the Pacific Southwest, to Authorize Features of the Initial Pacific Southwest Water Plan, and to Establish a Pacific Southwest Regional Water Commission
Document: A Bill To approve a regional approach to the development of the water resources of the Pacific Southwest, to authorize features of the Initial Pacific Southwest Water Plan, and to establish a Pacific Southwest Regional Water Commission.", April 1964, page 1of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from the date of issue.
(h) Business-type budgets shall be submitted to the Congress annually for all operations financed by the Development Fund.
SEC. 103. INITIAL FEATURES. In partial accomplishment of the Initial Plan the Secretary shall:
(a) construct, operate, and maintain the Mainstream Reservoir Division comprised of the Bridge Canyon and Marble Canyon projects consisting of dams, reservoirs, powerplants, transmission facilities, and appurtenant works, including the Coconino and Paria River silt-detention reservoirs: Provided, That Bridge Canyon dam shall be constructed so as to impound water at a normal surface elevation of one thousand eight hundred and sixty-six feet above mean sea level, and that Marble Canyon dam shall be constructed so as to impound water at a normal surface elevation of three thousand one hundred and forty feet above mean sea level.
(b) undertake programs for water salvage through phreatophyte control along and adjacent to the mainstream of the Colorado River and through groundwater recovery in the Yuma area at an average annual rate not in excess of the average annual rate of recharge in the area from waters of the mainstream of the Colorado River: Provided, That no funds authorized by this Act may be expended for installation of any works for such recovery of groundwater until the Secretary of State has
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A Bill to Approve a Regional Approach to the Development of the Water Resources of the Pacific Southwest, to Authorize Features of the Initial Pacific Southwest Water Plan, and to Establish a Pacific Southwest Regional Water Commission
Document: A Bill To approve a regional approach to the development of the water resources of the Pacific Southwest, to authorize features of the Initial Pacific Southwest Water Plan, and to establish a Pacific Southwest Regional Water Commission.", April 1964, page 1Wheeler Ridge to Cedar Springs and providing for the marketing and delivery of such water on behalf of the United States for the purposes of this Act. Pursuant to such contract the Secretary is authorized to pay on behalf of the United States an equitable share of the costs of construction, operation, and maintenance of the enlarged section of the aqueduct either by way of reimbursement for expenditures incurred or in annual installments during the construction period, each of which installments shall bear approximately the same ratio to total expenditures during the year as the total of the United States' share bears to the total cost of the enlarged section of the aqueduct: Provided, That such contract shall not obligate the United States beyond the incremental cost of construction of the joint-use facilities included in the enlarged section of the aqueduct pending authorization of the facilities referred to in paragraph (2) of this subsection. The Secretary may make advances to the State in order to maintain a timely construction schedule. To the extent that water is delivered by the State to make up deficiencies in mainstream Colorado River water, as provided in section 101 of this Act, the charges therefor shall be based on the standard specified in said section and the deliveries thereof shall be subject to the provisions of the Boulder Canyon Project Act.
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A Bill to Approve a Regional Approach to the Development of the Water Resources of the Pacific Southwest, to Authorize Features of the Initial Pacific Southwest Water Plan, and to Establish a Pacific Southwest Regional Water Commission
Document: A Bill To approve a regional approach to the development of the water resources of the Pacific Southwest, to authorize features of the Initial Pacific Southwest Water Plan, and to establish a Pacific Southwest Regional Water Commission.", April 1964, page 1SEC. 104. PRIORITY PLANNING. In carrying out further investigations of projects to be added to the Initial Plan, the Secretary shall give priority to completion of feasibility reports on tributary projects within the Pacific Southwest where undeveloped local water supplies are available or can be made available by replacement or exchange and on other projects, including Indian projects, in Arizona, California, and Nevada which can utilize water by diversion from the mainstream or which can utilize other water which can be developed either directly or through exchange to meet water deficiencies in the area. Similar priority in planning shall be given to projects in areas of origin of import supplies and, subject to appropriate modifications, relating to disposition of the conserved water, of existing contracts with the United States, to completion of a feasibility report on the lining of the All-American Canal system.
SEC. 105. CONTINUING STUDY. The Secretary, in cooperation with the States and with the Pacific Southwest Regional Water Commission, shall maintain a continuing review of the hydrology of the Colorado River, groundwater pumping, and projections of future water supply and demand in the region, and report thereon to the Congress, such reports to be made complementary to the reports on water quality required by section 15 of the Act of June 13, 1962 (P.L. 87-843) and section 6 of the Act of August 16, 1962 (P.L. 87-590).
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A Bill to Approve a Regional Approach to the Development of the Water Resources of the Pacific Southwest, to Authorize Features of the Initial Pacific Southwest Water Plan, and to Establish a Pacific Southwest Regional Water Commission
Document: A Bill To approve a regional approach to the development of the water resources of the Pacific Southwest, to authorize features of the Initial Pacific Southwest Water Plan, and to establish a Pacific Southwest Regional Water Commission.", April 1964, page 1(d) Consumptive use from the mainstream within a State shall include all consumptive uses of water of the mainstream, including water drawn from the mainstream by underground pumping, and including but not limited to, consumptive uses made by persons, by agencies of that State, and by the United States for the benefit of Indian reservations and other Federal establishments within the State.
(e) "User" or "water user" in relation to mainstream water means the United States, or any person or legal entity, entitled under any decree of the Supreme Court of the United States entered in Arizona v. California, et al., 373 U.S. 546, to use mainstream water when available thereunder.
SEC. 110. APPROPRIATIONS. There are hereby authorized to be appropriated such sums (but not more than $900,000,000 for the partial accomplishment of the features authorized by section 103 of this Act) as are necessary to carry out the purposes of this Act.
TITLE II-PACIFIC SOUTHWEST REGIONAL WATER COMMISSION
SEC. 201. (a) There is hereby established the Pacific Southwest Regional Water Commission (hereinafter referred to as the "commission") composed of members appointed as follows:
(1) a chairman appointed by the President who shall also serve as chairman and coordinating officer of the Federal members of the commission and who shall represent the Federal Government in Federal-State relations on the commission: Provided, That in the event the chairman is the head of a Federal department or agency, he may appoint a deputy to act in his stead during his absence;
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