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<br />The approval by the people of California of a $1,750,000,000 bond issue <br />and the appropriation by the State Legislature of a major portion of the State's <br />tidelands revenues, has provided the financia1'meansfor the construction of the <br />facilities to develop the waters of the FRPA and to transport such waters from <br />the areas of surplus to the areas of need, Construction is now proceeding on <br />schedule, <br /> <br />I <br />I <br /> <br />- 14 - <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />Each of you, having been confronted in your own State with the many diverse <br />water interests and. problems to finan.ce water projects , can best evaluate the <br />success of the California water development p~ogram, . However, the ultimate <br />success of that program is not in the building ~f the project facilities, but in the <br />delivery of the water, It is here that the Federal-State water rights problem <br />presents unknown risks - casting clouds of dotibt. If the claims of those sup- <br />porting the Federal views are sustained, and water originating on Federa11ands - <br />which constitute the major watersheds of the Western States - is owned and under <br />the control of the Federal Government, then most of the so-called existing water <br />rights and the water rights under State laws to appropriate and develop unappro- <br />priated water will be subordinate to Federal development and use of water, <br />Needed water development should not be depenp.ent on "Squatter's Rights", <br /> <br />The impact of such Federal claims, whi9h bring into question over 100 <br />years of accepted water rights under our State: laws, has been startling to all of <br />us, I am not a defeatist, In fact, as a practical matter, I believe this Federal- <br />State water rights problem is more legalistic than real. An attorney always <br />claims the maximum for his client and that is just what the attorneys represent- <br />ing the Federal interest have done, However, as long as there are legal ques- <br />tions as to water rights, such questions will result in costly litigation, and <br />needed water development by local, State and Federal authorities will be un- <br />neces sari1y burdened. <br /> <br />A law is to be judged not by how it is ad~inistered, but by how it could be <br />administered, Water development in the Western States must not be left at the <br />sufferance or policy determination of the Federal Government and its represent- <br />atives. The inportance of establishing water rights under State law without the <br />cloud of the legal and administrative claims of the Federal Government is vital <br />to the best interests of our several States .and their water users, In fact, a <br />determination of this problem is obviously in t,he national interest, <br /> <br />If needed water development in the West~rn States is to proceed in time to <br />support the existing and future growth econom~es of our Western States, there <br />must be a maximum of cooperation between FElderal, State and local water in- <br />terests, The jGlb is so big, and the need so urgent, it will require maximum <br />water development within the capabilities of all agencies of government -Federal, <br />State and local. <br /> <br />This is not a partisan or political question. Both Democrats and Republi- <br />cans joined in the report of the Senate Select Committee on National Water Re- <br />sources and 17 United States Senators, joined iin the summary recommendations, <br />emphasizing the need for a clarification of the! Federal position in connection <br />with water rights, The Committee's report itself places an "urgency label" <br />upon the problem and puts the need for clarification in the strongest frame of <br />reference as follows: <br /> <br />"With demand for water far outreaching increases in <br />