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WSP08840
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Last modified
1/26/2010 2:49:51 PM
Creation date
10/12/2006 3:17:55 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8410.300.60
Description
Basin Multistate Organizations - Missouri Basin States Association - Reports
State
CO
Basin
Statewide
Date
4/20/1960
Author
MBSA
Title
Corps of Engineers Understanding of the O-Mahoney-Millikin Amendment
Water Supply Pro - Doc Type
Report/Study
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<br />,.._(IT <br />o ii (. ~ I; , <br /> <br />" <br /> <br />~ <br /> <br />and reports submitted to Congress, but extend it also to include continuing <br />participation by the States in the fo~ulation of operating plans for completed <br />projects. AccOl'd.inely, there is extensive and continuing coord:i.nation by the <br />Corps of Engineers with toe States in the operation of projects under its <br />jurisdiction. The desires and views of the States are fully considered and <br />complied with insofar as possible, consistent with project aut,lori7.stions. <br /> <br />For the ~nssouri River main stem reservoirs this continuing coordination <br />is accomplished pr1ma.rily througll. the Coordinating Committee on ~lissouri River <br />;-lain Stem Reservoir Operations. Most of you lenow the State and Federal repre- <br />sentatives on that Committee, and are familiar 'dita its operations since they <br />have been repol~ed to the Committee on many occasions. ~~ members of that <br />Committee are he~e today. I believe that the coordination effected by tbis <br />Committee is generally recognized as an outstanding example of what can be <br />done in,this field. <br /> <br />''rhe remainder of the O'Mahoney-M111ikin Amendment contained in Section 1 <br />(b) of the Acts previously referred to, deals with possible conflicts in the <br />use of 'daters arising in the western States. Section 1 (b) i5 short enough <br />to quote in its entirety: <br /> <br />'~he use for navigation, in connection with the operation <br />and maintenance of such 'dorks herein authorized for construc- <br />tion, of waters arising in States lying wholly or partly,west <br />of the nineth-eighth meridian shall be only such use as does <br />not conflict with any beneficial consumptive use, present or <br />tuture, in States lying wholly or partly west of the ninety-", <br />eighth meridian, of such waters for domestic, municipal, stock <br />water ,irrigation, mining or' industrial purposes." <br /> <br />\ <br /> <br />The Corps of Engineers understands this provision as expressing the <br />intent of COngress that, in the operation of Federal water-re50urces projects <br />'utilizing waters ariSing in the western States, beneficial consumptive use <br />of these waters in these states, the cited purposes shall be given priority <br />over use of these waters for navigation whenever wa.ter shortages develop. <br />The significance of this proVision is the restriction it places on any <br />right the Federal Government might otherwise have to prevent the use of up- <br />stream waters for beneficial consumptive purposes when such waters are needed <br />for the UBe of naVigation in connection with the operation and maintenance of <br />'",orkB authorized subject to thia provision. The Corps of Engineers further <br />understands that this proVision does not include hydroelectric power genera- <br />tion in the water uses assigned a priority over use of the waters for navi- <br />gation. <br /> <br />This interpretation is supported by the, records of the hearings before <br />the subcommittee of the Committee on Commerce, United'States Senate, in May <br />and June 1944 on H. R. 4485 (the f'lood-contro~ bill) and H. R. 396l (the river <br />'and harbor bill). The discussio,ns at these hearings centered to a large degree <br />around consideration of a plan tor iIll:Provement of the Snake River in the <br />Columbia River Basin and consideration of the proposal for a 9-foot navigation <br />project on the Missouri River frOm Sioux City, Iowa, to the Mouth. <br /> <br />D~ <br />
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