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Memorandum on Solution to Salinity Problem Associated With Delivery of Colorado River Water to Mexico Under Treaty of February 1944
No full textMemorandum: From Secretary of the Interior and Secretary of State, "Solution to Salinity Problem associated with delivery of Colorado River water to Mexico under Treaty of February 1944", draft 12/1/64, page 4that: (1) this action be formally announced by you in a statement along the lines of the attached draft and, (2) that a meeting be held in which representatives of our two departments will explain the details of the agreement to representatives of the seven Colorado River Basin States. Attendance at this meeting would be comparable to the June 3, 1964, meeting in the Department of the Interior of the Committee of Fourteen representatives from the seven Colorado River Basin States. This meeting to be most effective should be held simultaneous with your public announcement of the solution to this problem.
Sincerely yours,
Secretary of the Interior
Secretary of State
Enclosure
4Epson Perfection 4870 Photo, 400 dpi, 8 bit, 1,105,683 byte
Letter Strongly Recommending Enactment of Amended S. 1658
No full textDocument: Draft, "Dear Senator Jackson," 11-9-64, page 1DRAFT
11-9-64
Dear Senator Jackson:
In its basic provisions, S. 1658 as amended and reported out by the Senate Committee on Interior and Insular Affairs incorporates the major objectives of the Pacific Southwest Water Plan which we presented to the Committee last April in connection with hearings on S. 1658 and the Pacific Southwest Water Plan. I am pleased, therefore, to endorse S. 1658 as amended, and recommend strongly its enactment.
S. 1658, as amended, would:
1. Provide a comprehensive, region-wide approach to solution of the water supply problems of the Pacific Southwest.
2. Establish a Lower Colorado River Basin development fund.
3. Authorize and direct the Secretary of the Interior to investigate alternative sources and means of providing water to meet current and long-range needs of the Pacific Southwest and to prepare and submit reports to the Congress on comprehensive plans and projects to accomplish this objective.
4. Establish the objective and policy of developing sufficient new water supplies to assure the availability of adequate water in the Lower Basin from the Colorado River or through exchange to meet annual consumptive usesEpson Perfection 4870 Photo, 400 dpi, 8 bit, 1,141,141 byte
Memorandum on Comparative Studies of Alternative Plans for Meeting Southwestern Regional Water Needs
No full textMemorandum: From Commissioner of Reclamation, to Assistant Secretary-Water and Power Development, Oct 29, 1964 (carbon copy), page 2We hope to provide periodic briefings for you as work progresses and our accomplishments take shape. The first of these could best be held on November 6, 1964, at which time Mr. Douglass and Associate Chief Engineer Lindseth will be in our offices for discussions of the program. It is hoped that your schedule is such that some time can be allowed for this purpose. We would particularly like to discuss at that time the question of arranging staff participation by the Atomic Energy Commission and the Office of Saline Water.
FLOYD E. DOMINY
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The Lower Colorado River Basin Project Senate Report
No full textDocument: 88th Congress, 2d Session, Senate Calendar No. 1267, The Lower Colorado River Basin Project, Report No. 1330, Agust 6, 1964, page 33
THE LOWER COLORADO RIVER BASIN PROJECT
The Court held and decreed that, if sufficient water is a vailable to satisfy 7,500,000 acre-feet of annual consumptive use from waters of the main stream of the Colorado River without regard to the lower basin tributaries, then of such 7,500,000 acre-feet of consumptive use, there are apportioned to Arizona 2,800,000 acre-feet, to California 4,400,000 acre-feet, and to Nevada 300,000 acre-feet.
The Court held and decreed that if there is insufficient main-stream water available to satisfy the annual consumptive use of 7,500,000 acre-feet in Arizona, California, and Nevada: (1) the Secretary of the Interior must satisfy present perfected rights, i.e., those existing as of June 25, 1929, in order of priority and without regard to State lines; and (2) that if there were an amount remaining for consumptive use, it should be apportioned by the Secretary "* * * in such manner as is consistent with the Boulder Canyon Project Act as interpreted by the opinion of this Court herein, and with other applicable Federal statutes." As interpreted by the Court, the Boulder Canyon Project Act does not provide a priority to existing uses except "present perfected rights," existing as of June 25, 1929. The Court specifically rejected California's contrary contentions, saying:
*** we cannot accept California's contention that in case of shortage each State's share of water should be determined by the judicial doctrine of equitable apportionment or by the law of prior appropriation (373 U.S. at 593-594).
Counsel for the California agencies testified at the hearings on S. 1658 that California's entitlement to 4.4 million acre-feet is not superior to Arizona's entitlement to 2.8 million acre-feet. In response to Senator Anderson's question: "Does the Supreme Court give you 4.4 superior to Arizona's 2.8?" he answered: "No, sir; it did not." The committee agrees California's entitlement to 4,400,000 acre-feet is not superior to Arizona's entitlement to 2,800,000 acre-feet.
By the opinion and decree, Arizona is placed in the position of having met the requirement of the Committee on Interior and Insular Affairs of the House of Representatives as set forth in its resolution of April 18, 1951, and is in a position to renew its request for authorization of the Central Arizona project. The request is now supported by the authority of the highest Court.
The legal support for Arizona's request has been recognized by responsible authorities in California. Shortly after the Supreme Court decision, the Honorable Edmund G. Brown, Governor of the State of California, announced that California having lost the Supreme Court case-
would not try to accomplish by obstruction what she had failed to accomplish by litigation.
HISTORY OF THE COLORADO RIVER
The Colorado River has its origin in the mountains of Colorado and flows in a southwesterly direction for about 1,300 miles through Colorado, Utah, and Arizona and along the Arizona-Nevada and Arizona-California boundaries, after which it empties into the Gulf of California. Its tributary waters are received from Wyoming, Colorado, Utah, New Mexico, Nevada, and Arizona. The river drains an areaEpson Perfection 4870 Photo, 400 dpi, 8 bit, 1,764,489 byte
The Lower Colorado River Basin Project Senate Report
No full textDocument: 88th Congress, 2d Session, Senate Calendar No. 1267, The Lower Colorado River Basin Project, Report No. 1330, Agust 6, 1964, page 66
THE LOWER COLORADO RIVER BASIN PROJECT
was submitted. The proposed bill provided for the development of the water resources of the entire Pacific Southwest, the establishment of a Pacific Southwest Development Fund, and the creation of a Pacific Southwest Regional Water Commission.
From the discussion of that bill and S. 1658 as originally introduced by Senators Hayden and Goldwater, an amendment was offered by the Honorable Frank E. Moss, chairman of the subcommittee, which amends S. 1658 as originally introduced and which was reported favorably by the subcommittee on July 27, 1964.
PURPOSES OF THE BILL
The purposes of the bill are: (1) to augment the existing water supply in the Lower Colorado River Basin; (2) to remove the threats of water shortages; (3) to authorize construction of the following units of the Lower Colorado Basin project: (a) the main stream reservoir unit consisting of Bridge Canyon and Marble Canyon projects; (b) the Central Arizona unit; (c) the southern Nevada water supply unit; (4) to secure to Arizona, California, and Nevada the shares of the river which the Supreme Court apportioned to them; (5) to accomplish the foregoing without impinging on the rights of the upper basin States-Colorado, New Mexico, Utah, and Wyoming-under the Colorado River compact; (6) to provide for recreational facilities, and the conservation of natural, historic and archacological objects; (7) to conserve and develop fish and wildlife; (8) to authorize the creation of the Colorado-Pacific Regional Water Commission.
NEED FOR THE BILL
The immediate occasion for the bill is the need for supplemental water in central Arizona. This area is, and for many years has been, one of the most rapidly growing in the Nation. This growth has been based on the mining of local ground waters; that is, their extraction without replenishment. The overdraft on the ground water now exceeds 2.2 million acre-feet per year. More than one-quarter million acres of land once in cultivation and under irrigation stand idle because of insufficient water supplies or because water costs have increased to a point where further farming is uneconomic. This idle area will increase unless the water supply of the area is augmented by importation.
The obvious, although incomplete, solution to Arizona's problem is the importation of surface water from the Colorado River through the Central Arizona unit. This, however, is at best a partial and temporary expedient, for the planned diversion of 1.2 million acre-feet by the Central Arizona unit will result in deliveries of approximately 1 million acre-feet, thus leaving a deficit under present conditions of 1.2 million acre-feet.
While Arizona has been seeking to have the Central Arizona project authorized, California has proceeded under State and Federal financing to use (in terms of diversions less returns) some 5.1 million acre-feet per year, or some 700,000 acre-feet more than her entitlement of 4.4 million of the first 7.5 million acre-feet available in the main stream. California has thus been using waters which have been available because Arizona, Nevada, and the upper basin States have not yet put their full entitlements to use.Epson Perfection 4870 Photo, 400 dpi, 8 bit, 1,766,085 byte
The Lower Colorado River Basin Project Senate Report
No full textDocument: 88th Congress, 2d Session, Senate Calendar No. 1267, The Lower Colorado River Basin Project, Report No. 1330, Agust 6, 1964, page 1616
THE LOWER COLORADO RIVER BASIN PROJECT
and archacologic objects and wildlife on lands withdrawn or acquired for the development of units of the project.
The costs of works covered by this section, the allocation of costs among the various project purposes, the benefit-cost ratios of the principal works and repayment data on these works are presented after the discussion of section II later in this report.
Section 105
Section 105 provides that except as otherwise provided in this act, the Secretary shall be governed by the Federal reclamation laws.
Section 105(c) (1) provides that the Secretary may require that water furnished by the Central Arizona unit shall not be used for the irrigation of lands not having a recent irrigation history, and that its use be accompanied by recognized conservation measures to protect against losses in transmission. It also gives the Secretary authority to shift water no longer needed for irrigation uses to municipal uses. These provisions emphasize the fact that the Central Arizona unit will provide a supplemental supply for the existing irrigation economy rather than serve as a means of expanding that economy.
Section 105(d)(2) is a statement of the manner in which the Secretary may exercise the authority to contract delegated by section 9(c) of the Reclamation Project Act of 1939.
Section 105(c)(3) is an implementation of the policy of encouraging exchanges of water; the use of exchanges of water supplies as a means of avoiding water rights problems has been successfully employed throughout the West. The Central Valley project in California is a conspicuous example. Water users are concerned with quantity, quality, dependability, and cost of their water supplies, not with the source of the supply. This fact makes it possible to extend service to areas that would not otherwise receive a water supply from the project and to effect service in the most efficient and least costly manner.
Section 106
Section 106 provides that the costs shall be allocated to irrigation, municipal, and industrial water supply, and to power generation in accordance with the reclamation laws. These reimbursable costs are to be repaid in 50 years plus any development period authorized by law. See sections 102(e)(1) and 102 (e)(2). The repayment period is the same as that provided in section 4 of the Colorado River Storage Project Act.
Relevant data on allocation of project costs and repayment requirements are presented in section II later in this report.
Section 107
Section 107 provides that the costs of irrigation of Indian lands that cannot be paid by such lands shall be borne by the Nation. Section 4 of the Colorado River Storage Project Act contains a similar provision.
Section 108
Section 108 is the type of provision which has been used for some 50 years to indicate that acts such as the instant one are not intended to operate as implied repeals of the portion of the reclamation laws not specifically affected.Epson Perfection 4870 Photo, 400 dpi, 8 bit, 1,930,258 byte
The Lower Colorado River Basin Project Senate Report
No full textDocument: 88th Congress, 2d Session, Senate Calendar No. 1267, The Lower Colorado River Basin Project, Report No. 1330, Agust 6, 1964, page 3232
THE LOWER COLORADO RIVER BASIN PROJECT
the Secretary; and shall require as a condition precedent to each contract that there be in effect measures adequate, in his judgment, to control expansion of irrigation from aquifers affected by irrigation in the contract service area; and the canals and distribution systems through which water is conveyed after its delivery by the United States to the contractor shall be provided and maintained with linings to the extent, adequate in his judgment, to prevent excessive conveyance losses; and long-term contracts relating to irrigation water supply shall provide that water made available thereunder may be made available by the Secretary for municipal or miscellanceous purposes, if and to the extent that such water is not required by the contractor for irrigation purposes;
(2) may enter into contracts relating to municipal and industrial water supply from the project without regard to the limitations of the last sentence of section 9 (c) of the Reclamation Project Act of 1939 (53 Stat. 1194) and may provide for the delivery of such water at an identical price per acre-foot for water of the same class at the several points of delivery from the main canals and conduits; and
(3) may require as a condition in any contract under which water is provided under the project that the contractor agree to accept main stream water in exchange for or in replacement of existing supplies from sources other than the main stream, but no such exchange or replacement shall require a contractor to bear any cost of said exchange or replacement water in excess of the costs that would have been incurred in connection with the continued use by the contractor of its existing supply, nor shall such exchange or replacement otherwise result in economic injury to the contractor.
SEC. 106. Upon completion of each unit of the project herein or hereafter authorized, or separate feature thereof, the Secretary shall allocate the total costs of constructing said unit or feature to commercial power, irrigation, municipal and industrial water supply, flood control, navigation, area redevelopment, recreation, fish and wildlife, or any other purposes authorized under the Federal reclamation laws. Costs of means and measures to prevent loss of and damage to fish and wildlife resources resulting from the construction of the project shall be considered as project costs and allocated as may be appropirate among the project functions. Cost of construction, operation, and maintenance allocated to area redevelopment, and other authorized nonreimbursable purposes shall be nonreturnable under the provisions of this Act. Costs allocated to recreation and fish and wildlife enhancement shall be nonreimbursable within appropirate limits determined by the Secretary to be consistent with the provisions of law and policy applicable to other similar Federal projects and programs. On January 1 fo each year the Secretary shall report to the Congress, beginning with the fiscal year ending June 30, 1966, upon the status of the revenues from and the cost of constructing, operating, and maintaining the project for the previous fiscal year. The Secretary's report shall be prepared to reflect accurately the Federal investment allocated at that time to power, to irrigation, and to other purposes, the progress of return and repayment thereon, and the estimated rate of progress, year by year, in accomplishing full repayment.Epson Perfection 4870 Photo, 400 dpi, 8 bit, 1,928,845 byte
The Lower Colorado River Basin Project Senate Report
No full textDocument: 88th Congress, 2d Session, Senate Calendar No. 1267, The Lower Colorado River Basin Project, Report No. 1330, Agust 6, 1964, page 3333
THE LOWER COLORADO RIVER BASIN PROJECT
SEC. 107. The Secretary shall determine the repayment capability of Indian lands within, under or served by any unit of the project. Construction costs allocated to irrigation of Indian lands (including provision of water for incidental domestic and stock water uses) and within the repayment capability of such lands shall be subject to the Act of July 1, 1932 (47 Stat. 564), and such costs as are beyond repayment capability of such lands shall be nonreimbursable.
SEC. 108. This Act shall be deemed a supplement to the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof and supplementary thereto). Nothing contained in this Act shall be construed to alter, amend, repeal, construe, interpret, modify, or be in conflict with the provisions of the Colorado River compact, the Upper Colorado River Basin compact, the Act of April 11, 1956 (Colorado River Storage Project Act) (70 Stat. 105), the treaty with the United Mexican States (Treaty Series 994), the opinion and any decree entered by the Supreme Court of the United States in Arizona against California (373 U.S. 456), or, except as otherwise provided herein, the Boulder Canyon Project Act (45 Stat. 1057) or the Boulder Canyon Adjustment Act (54 Stat. 774).
SEC. 109. (a) There is hereby created the Colorado-Pacific Regional Water Commission (hereinafter referred to as the "Commission") composed of members to be appointed as follows:
(1) A Chairman appointed by the President: Provided, That in the event the Chairman is the head of a Federal department or agency, such Chairman may appoint a deputy to act as Chairman in his stead during his absence: And provided further, That no State, Federal department, or agency which is represented by the Chairman shall be otherwise represented;
(2) One member representing each of the States of Arizona, California, Nevada, New Mexico, and Utah, appointed by the Governor of the State, and one member representing each other State which the President may find to be affected, such member to be appointed by the Governor of such State; and
(3) One member appointed by and representing each of the Secretaries of the Interior, Agriculture, the Army, Health, Education, and Welfare, and State and one member representing each of such other departments and agencies as the President may designate.
(b) The compensation of each member shall be paid by the entity appointing him.
(c) The functions of the Commission shall be advisory only, and in its advisory capacity the Commission shall-
(1) assist in the coordination of further Federal, State, interstate, and local plans for the conservation, augmentation, and beneficial utilization of the water and related land resources of the Lower Colorado River Basin and affected areas;
(2) advise and consult with the Secretary of the Interior with respect to his responsibilities under section 3 of this Act;
(3) recommend long-range schedules of priorities for the collection and analysis of basic data and for investigation, planning, and construction of projects; and
(4) recommend to the appropriate Federal and State arencies studies of water resources and related land resources in the regionEpson Perfection 4870 Photo, 400 dpi, 8 bit, 1,770,657 byte
The Lower Colorado River Basin Project Senate Report
No full textDocument: 88th Congress, 2d Session, Senate Calendar No. 1267, The Lower Colorado River Basin Project, Report No. 1330, Agust 6, 1964, page 3434
THE LOWER COLORADO RIVER BASIN PROJECT
as the Commission believes are necessary in the preparation of the plans described in class (1) of this subsection.
(d) In carrying out the provisions of this Act, the Commission may-
(1) employ and compensate such personnel as it deems advisable;
(2) use the United States mails in the same manner and upon the same conditions as departments and agencies of the United States;
(3) acquire, furnish, and equip such office space as is necessary;
(4) accept for any of its purposes and functions appropriations, donations, and grants of money, equipment, supplies, materials, facilities, and services, and receive, utilize, and dispose of the same; and
(5) incur such necessary expenses and exercise such other powers as are consistent with and reasonably required to perform its functions under this section.
(e) The Commission shall determine the proportionate shares of its expenses which shall be borne by the Federal Government and each of the States. The Commission shall prepare a budget annually and transmit it to the Federal departments and the States. Estimates of proposed appropriations from the Federal Government shall be included in the budget estimates submitted by the Secretary of the Interior under the Budgeting and Accounting Act of 1921, as amended, and may included an amount for advance to the Commission against State appropriations for which delay is anticipated by reason of later legislative sessions.
TITLE II-SOUTHERN NEVADA WATER SUPPLY UNIT
SEC. 201. The Secretary shall construct, operate, and maintain the southern Nevada water supply unit, the principal works of which shall consist of intake facilities, pumping plants, aqueduct and laterals, transmission lines, substations, storage and regulatory facilities, drainage facilities, and appurtenant works required to provide water from Lake Mead for distribution for municipal and industrial purposes in Clark County, Nevada. Construction of the project shall not commence until a repayment contract has been entered into and its execution by the contractor shall have been finally affirmed by a decree of a court of competent jurisdiction. The Secretary may enter into a contract with the State of Nevada, acting through the Colorado River Commission of Nevada or other duly authorized State agency, providing among other things, that-
(a) the contractor shall operate and maintain the project works;
(b) the construction costs allocable to municipal and industrial water supply shall be repaid by the contractor, with interest, in not more than fifty years (except such construction costs as are allocable to the furnishing of a water supply to Nellis Air Force Base and other Federal defense installations, which costs shall be nonreimbursable); and
(c) the contractor shall take delivery of water from Lake Mead at the intake works and shall sell and deliver such water at wholesale under contracts to be approved by the Secretary, whichEpson Perfection 4870 Photo, 400 dpi, 8 bit, 1,872,386 byte
Cover Letter - Central Arizona Project Association
No full textLetter: From Rich Johnson, to Stewart Udall, August 5, 1964CENTRAL ARIZONA PROJECT ASSOCIATION
642 Security Building
Phoenix, Arizona 85004
August 5, 1964
LAWRENCE MEHREN, CHAIRMAN OF THE BOARD
RINEY B. SALMON. VICE-PRESIDENT
A. M. WARD, VICE-PRESIDENT
L. ERWIN STAPLEY, VICE-PRESIDENT
D. B. MCGREGOR, SECRETARY-TREASURER
RICH JOHNSON
PRESIDENT
OB
Hon. Stewart Udall
Secretary of the Interior
Washington, D. C.
Dear Stewart:
I am sending you the attached copy of an editorial from the Arizona Daily Star, because I think it contains an idea that can be very useful in dealing with opponents of Bridge Canyon Dam. The last paragraph is particularly significant.
With best personal regards,
Sincerely,
Rich Johnson
DIRECTORS: WAYNE M. AKIN, WALTER A. BATTY, WALTER R. BIMSON, GEORGE W. CHAMBERS, JOSEPH A. CHAMBERS, HERMAN CHANEN, VICTOR I. CORBELL, EVO J. DECONCINI. R. J. ELLIS, JOHN E. EVANS, NORMAN FAIN, DEWEY FARR, FRANK M. FEFFER, SR., KARL L. FICKES, SHERMAN HAZELTINE, JOHN M. JACOBS. RICH JOHNSON, CHARLES R. KUZELL, O. M. LASSEN, ERNEST W. MCFARLAND. D. B. MCGREGOR. R. J. MCMULLIN, LAWRENCE MEHREN, HAROLD E. MYERS, JONES OSBORN, H. DENE PATTILLO, H. S. RAYMOND. EARL C. RECKER. O. W. RUGG. RINEY B. SALMON, LAWSON V. SMITH, L. ERWIN STAPLEY, JOHN P. VANDENBURGH, A. M. WARD, J. C. WETZLER.Epson Perfection 4870 Photo, 400 dpi, 24 bit, 2,463,084 byte