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<br />-3- <br /> <br /> <br />Then oomes a provision that dams and other works oonstruoted under the di- <br />reotion of' the Seoretary of War whioh the Seoretary of the Interior determines <br />may be utilized for irrigation nay be 80 utilized only with the o onourrenoeof <br />the Seoretary of' war. <br /> <br />It is also provided that other works may be oonstruoted for irrigation uses <br />under the Reolamati 00 laws. Suoh oomf'ort as this last olause might of'fer to <br />the f'anners on the upper ri WI' in Colorado and Kansas is quiokly nullified, hqw- <br />ever, by the terms of' Paragraph (b) of Section 3 of the proposed bill. It says <br />that projects authorized 'am oonstructed under the Aot shall be operated so as <br />to insure oontemplated navigation and flood oontrol benefits. It says that they <br />shall be operated so as to provide for the generation of hydroeleotric power. <br />and the delivery of' water f'or reolamation and irrigation purposes to the maxUlUlll <br />extent oonsistent with the aohievement of' Dlvigation and 1'1ood ooutrol benefits. <br /> <br />While this olause seems to concern only projeots oonstructed under the .Act <br />it will readily be seen that the operation of such dams' oonoeivably may be ac- <br />oomplished only when the entire river f'low is available therefor. <br /> <br />In a reoent deoisi on' of' the United states Supreme Court involving the t{ew <br />River in Virginia and West Virginia the Camneroe Clause was so broadly 1nte~... <br />preted as to inolude every brook and tributary f'lowing into a navigable stream.. <br />This brought all water within the jurisdiotion of Congress under the terms of <br />the Constitution, if'. Congress exeroises its powers. <br /> <br />Thus al though the Supreme Court has ruled in favor of' the oontrol of' iater- <br />state waters by the states, the terms of the COlIIlleroe Clause when exeroised <br />would probably plaoe the power in the hands of the Amy under the provisions ot <br />this Aot. <br /> <br />Late in Ootober the National Reolamation Association, made up of' repre.enta- <br />tives of the seventeen semi-arid states where ilJ'rigation is praotioed and where <br />~ter is lif'e, announoed a polioy with respect to the use of water whioh all <br />p'eop1es, all Federal Statutes and agenoies should respeot and observe. <br /> <br />A report by a speoial camnittee, after sutdy and oonferences with author- <br />ities f'rom all the states, was adopted \UlAnimously. Among the statements was <br />the follC7Ning, <br /> <br />That the oontrol,regulation and utilization of water in the <br />arid and semi-arid areas of' the United States be in aooord with <br />the prinoiple thflt the highest use shall be for danestio oonsumption <br />and f'or growing orops; tlat multiple use or power projects shall <br />be so designed and operated, thlt domestio and irrigation needs <br />shall at all times be paramount to the requirements of hydroeleotrio <br />energy production; and that the imposition of federal jurisdiction <br />under the Conuneroe Clause to maint~in navigable oapaoity and regulate <br />floods in lower reaohes of' ri verB having their souroes in the arid <br />and semi-arid region, should reoognize the maximum use of' water for <br />irrigation purposes. . <br /> <br />This statement was not the result of a sudden impulse on the part of' any <br />