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Last modified
7/14/2009 5:02:32 PM
Creation date
5/18/2009 12:24:05 AM
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UCREFRP
UCREFRP Catalog Number
8014
Author
McDonald, W. J.
Title
The Upper Basins' Political Conundrum
USFW Year
1997.
USFW - Doc Type
A Deal is Not a Deal.
Copyright Material
NO
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<br />1 <br /> <br /> <br />1 <br /> <br /> <br /> <br /> <br />1 <br />1 <br /> <br />The Missouri River Basin: The Agreements and the Results <br />Before recounting these conflicts and the eventual compromises between <br />upper and lower basin interests, it is important to describe the times in which <br />they arose. First, a prolonged and widespread drought in the 1930s and the <br />Depression had two major negative effects on the basin: values of farm <br />buildings and lands declined dramatically and there were significant <br />decreases in the farm population due to out migration. Second, the advent of <br />World War II only exacerbated the out migration, leading demographers to <br />conclude in 1943 "that about 600,000 persons would be seeking work or <br />government assistance during the postwar period" in the Great Plains states <br />of Montana, Wyoming, the two Dakotas, Nebraska, and Kansas.107 <br />Third, decisions of the U.S. Supreme Court in 1940 and 1941 were very <br />troubling to upper basin irrigation interests, just as decisions of the Court two <br />decades earlier had brought fear to the hearts of upper basin water <br />development interests in the Colorado River Basin. <br />... No new basic principles of national water law had been announced by <br />the Court's majority opinions in ... United States v. Appalachian Electric <br />Power Company [311 U.S. 377 (1940)] ... and ... Oklahoma v. Atkinson <br />[313 U.S. 508 (1941)]. In these decisions, however, the Court asserted that <br />whenever the constitutional powers of the federal government and those of a <br />state conflicted, the latter must yield. "... [T]he exercise of the granted <br />power of Congress to regulate interstate waters may be aided by <br />appropriate and needful control of activities and agencies which, though <br />intrastate, affect that commerce." <br />' Upper Missouri basin interests feared that the federal government might <br />use this broad activist interpretation of the commerce clause to impair <br />rights acquired under state laws. ... [W]esterners were concerned that the <br />' federal government might claim unappropriated water under the <br />navigation powers. ...108 <br />Fourth, the notion of comprehensive and integrated river basin development <br />emerged as a guiding principle of federal water policy in the 1930s. While it <br />is beyond the scope of this paper to recount the history of the "comprehensive" <br />planning efforts undertaken by the federal water agencies nationwide in the <br />1930s, 40s, and 50s, it is important to understand that debates during this <br />' period about the development of the Missouri River Basin's water resources <br />107 J. FERRELL, suprn note 103, at 2. <br />10B Id. at 21-22. Footnote omitted. <br />' 35 <br />
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