INTERIOR AND INSULAR AFFAIRS, 196/ UNITED STATES SENATE EIGHTY-SEVENTH CONGRESS FIRST SESSION ON PROBLEMS ARISING FROM RELATIONSHIPS BETWEEN THE Printed for the use of the Committee on Interior and Insular Affairs 71868 sisa U.S. GOVERNMENT PRINTING OFFICE Law Library COMMITTEE ON INTERIOR AND INSULAR AFFAIRS HENRY M. JACKSON, Washington ALAN BIBLE, Nevada JOHN A. CARROLL, Colorado FRANK CHURCH, Idaho HENRY DWORSHAK, Idaho THOMAS H. KUCHEL, California BARRY GOLDWATER, Arizona GORDON ALLOTT, Colorado ERNEST GRUENING, Alaska FRANK E. MOSS, Utah OREN E. LONG, Hawaii QUENTIN N. BURDICK, North Dakota LEE METCALF, Montana J. J. HICKEY, Wyoming HIRAM L. FONG, Hawaii JACK R. MILLER, Iowa II RICHARD L. CALLAGHAN, Staff Director ROY M. WHITACRE, Professional Staff Member CONTENTS Page 3 15 25 27 28 Kuchel, Hon. Thomas H., a U.S. Senator from the State of California.. Allott, Hon. Gordon, a U.S. Senator from the State of Colorado.. Moss, Hon. Frank E., a U.S. Senator from the State of Utah.. Bible, Hon. Alan, a U.S. Senator from the State of Nevada... - Miller, Hon. Jack, a U.S. Senator from the State of Iowa__ Clark, Ramsey, Assistant Attorney General, Lands Division, Department of Justice; accompanied by David R. Warner, Chief, General Litigation Section__. Barry, Frank J., Solicitor, Department of the Interior; accompanied by Edward Fisher, Deputy Solicitor, and Edward Weinberg, Associate Bennett, Elmer F., of Ely, Duncan & Bennett, Washington, D.C. Henderson, George L., on behalf of the Chamber of Commerce of the United States, accompanied by Richard W. Smith, manager, resources New Mexico Cattle Growers Association, Inc., John Stark, president__ Nevada Department of Conservation and Natural Resources, Hugh Sham- National Reclamation Association, J. H. Moeur, Arizona director Association of Western States Engineers, Milo W. Hoisveen, president National Lumber Manufacturers Association, Ralph D. Hodges, Jr., Illinois Agricultural Association, William J. Kuhfuss, president_ California Farm Bureau Federation, Louis A. Rozzoni, president 7720 Ohio Reclamation Association, Larry Cook, executive vice president. National Wool Growers Association, Edwin E. Marsh, executive secretary__ National Farmers Union, Angus McDonald, assistant director, division of American National Cattlemen's Association, C. W. McMillan, executive National Association of Manufacturers_ Board of Water Commissioners, Denver, Colo., Glenn G. Saunders, chief Wildlife Management Institute, C. R. Gutermuth, vice president_ National Wildlife Federation, Thomas L. Kimball, executive director_ Tennessee Game and Fish Commission, Forrest V. Durand, director- National Rural Electric Cooperative Association, Charles A. Robinson, California State Chamber of Commerce, James Mussati, general manager_ Vermont State Farm Bureau, Inc., Keith Wallace, president__ Massachusetts Farm Bureau Federation, Carleton I. Pickett, executive Connecticut Farm Bureau Association, Inc., George W. Simpson, Jr. Memorandum on State water rights, by Allen P. Mitchem___ Justice Department's comments on Mitchem study. Recent water rights cases, memorandum from the Legislative Reference FEDERAL-STATE WATER RIGHTS SECTION I-ORAL PRESENTATIONS THURSDAY, JUNE 15, 1961 U.S. SENATE, COMMITTEE ON INTERIOR AND INSULAR AFFAIRS, Washington, D.C. The committee met, pursuant to call, at 10 a.m. in room 3110, Senate Office Building, Senator Clinton P. Anderson (chairman of the committee) presiding. Present: Senators Clinton P. Anderson, New Mexico; Alan Bible, Nevada; John Carroll, Colorado; Frank E. Moss, Utah; Oren E. Long, Hawaii; Quentin N. Burdick, North Dakota; Lee Metcalf, Montana; J. J. Hickey, Wyoming; Henry Dworshak, Idaho; Thomas H. Kuchel, California; Gordon Allott, Colorado; and Jack Miller, Iowa. The CHAIRMAN. The committee will come to order. This is a public hearing by the full committee of the Senate Committee on Interior and Insular Affairs on Federal and State jurisdiction with respect to water rights and the development of our water resources. Our meeting today is exploratory, in that we are not considering any specific piece of proposed legislation now pending before the committee. Rather, we want to explore the broad, general field with respect to the relationships between the individual States and the Federal Government in water resource development and control over water rights within State boundaries. It should be noted, however, that we do have before the Subcommittee on Irrigation and Reclamation S. 211, a bill to affirm and recognize the water laws of the States lying wholly or partly west of the 98th meridian. This measure was introduced by the Senators from Nebraska, Hruska and Curtis, and Senators Allott, of Colorado and Case of South Dakota. While this hearing is not on that bill, nor, as I say, on any specific bill, unquestionably the information and views expressed today will have a bearing on congressional action, or decision not to act, on that measure. The Federal-State jurisdictional situation is not necessarily one of conflict, with the individual States arrayed on one side and the Federal Government on the other, in adversary positions, with respect to water rights. Quite the contrary in fact. Water resource development, on the whole, has in many, many instances exemplified our Federal-State system of dual and coexisting sovereignty at its best and most cooperative. Huge multipurpose dams have been built, both on great interstate streams such as the 1 |