Page images
PDF
EPUB
[ocr errors]
[ocr errors]

UNIVERSIT UN CALIFORNIA

BERKELEY

BEFORE THE

HEARINGS

КЕ

26
5,4. COMMITTEE ON

15
INTERIOR AND INSULAR AFFAIRS 1961

UNITED STATES SENATE

EIGHTY-SEVENTH CONGRESS

FIRST SESSION

ON

PROBLEMS ARISING FROM RELATIONSHIPS BETWEEN THE
STATES AND THE FEDERAL GOVERNMENT WITH RESPECT
TO THE DEVELOPMENT AND CONTROL OF WATER

RESOURCES

[ocr errors][merged small]

Printed for the use of the Committee on Interior and Insular Affairs

U.S. GOVERNMENT PRINTING OFFICE

71868

WASHINGTON : 1961

پر لیا 5

Lax Litrery

COMMITTEE ON INTERIOR AND INSULAR AFFAIRS

CLINTON P. ANDERSON, New Mexico, Chairman HENRY M. JACKSON, Washington

HENRY DWORSHAK, Idaho ALAN BIBLE, Nevada

THOMAS H. KUCHEL, California JOHN A. CARROLL, Colorado

BARRY GOLDWATER, Arizona FRANK CHURCH, Idaho

GORDON ALLOTT, Colorado ERNEST GRUENING, Alaska

HIRAM L. FONG, Hawaii
FRANK E. MOSS, Utah

JACK R. MILLER, Iowa
OREN E. LONG, Hawaii
QUENTIN N. BURDICK, North Dakota
LEE METCALF, Montana
J. J. HICKEY, Wyoming

RICHARD L. CALLAGHAN, Staff Director
STEWART FRENCH, Chief Counsel

JERRY T. VERKLER, Clerk
Roy M. WHITACRE, Professional Staff Member

II

CONTENTS

SECTION 1-ORAL PRESENTATIONS

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

Solicitor for Water and Power..

Stanley, Lewis A., State engineer, State of Oregon.

Rising, E. W., Montana State Conservation Board.

Mason, John C., General Counsel, Federal Power Commission.

Olson, Thomas O., first assistant attorney general, State of New Mexico.

Dail, Charles C., mayor, city of San Diego, Calif.

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

department.

Mead, William J., on behalf of the Feather River Project Association of

California,

Thompson, Sam, first vice president, Interstate Conference on Water

Problems

Taylor, John I., assistant legislative director, American Farm Bureau

Federation.

Ely, Northcutt, Washington, D.C.

Horton, Harry, California water attorney, El Centro, Calif.

Reports of agencies:

Defense..

Agriculture...

SECTION II-WRITTEN STATEMENTS SUBMITTED

Edmund G. Brown, Governor, State of California -

Jack R. Gage, Governor, State of Wyoming-

Frank B. Morrison, Governor, State of Nebraska -

Paul Fannin, Governor, State of Arizona -

Archie Gubbrud, Governor, State of South Dakota -

Stanley Mosk, attorney general, State of California.

New Mexico Cattle Growers Association, Inc., John Stark, president.

Nevada Department of Conservation and Natural Resources, Hugh Sham-

berger, director.

Arizona Game and Fish Department, R. J. Smith, director-

Association of Western State Engineers, J. W. Grimes, president..

National Reclamation Association, William E. Welsh, secretary-manager..

Burnham Enersen, San Francisco, Calif..

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.,

forester.

Illinois Agricultural Association, William J. Kuhfuss, president.

California Farm Bureau Federation, Louis A. Rozzoni, president.

[merged small][ocr errors]

FEDERAL-STATE WATER RIGHTS

SECTION 1-ORAL PRESENTATIONS

THURSDAY, JUNE 15, 1961

resources.

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

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, 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

or

1

« PreviousContinue »