UNIVERSIT UN CALIFORNIA BERKELEY BEFORE THE HEARINGS КЕ 26 15 UNITED STATES SENATE EIGHTY-SEVENTH CONGRESS FIRST SESSION ON PROBLEMS ARISING FROM RELATIONSHIPS BETWEEN THE RESOURCES 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 JACK R. MILLER, Iowa RICHARD L. CALLAGHAN, Staff Director JERRY T. VERKLER, Clerk II CONTENTS 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 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 Mead, William J., on behalf of the Feather River Project Association of Thompson, Sam, first vice president, Interstate Conference on Water Taylor, John I., assistant legislative director, American Farm Bureau Ely, Northcutt, Washington, D.C. Horton, Harry, California water attorney, El Centro, Calif. 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- 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., Illinois Agricultural Association, William J. Kuhfuss, president. California Farm Bureau Federation, Louis A. Rozzoni, president. 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 Service, Library of Congress - Extracts from the report of the Special Master, Hon. Simon H. Rifkind, in FEDERAL-STATE WATER RIGHTS SECTION 1-ORAL PRESENTATIONS THURSDAY, JUNE 15, 1961 resources. U.S. SENATE, 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 |
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