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<br />-6S- <br /> <br />.. <br /> <br />~. <br /> <br />by a ruclamati-on proj8ct a: 40-acr.e ' almond ,grove may Bupport a baronial <br />estate ,"lhereM a'160-acr(3 hay meadow in one of the mountain states vlould <br />provide only submarginal 'existence . The simple sensible answer is that <br />in some sections 160 acres is'too larf,e an are,a and in others it is entirely <br />too small. <br /> <br />Testimony given before a Congressional committee several years ago <br />was tha't on the Conejos Division of ,the San Luis Valley Project the net <br />farm income of a 160-acre farm, without livestock, was t>930.00 and with <br />livestock Vias ;,1,598.00. At the same hearing, there was testimony that <br />on 160 acres 'in the Central Valley of California devoted to fruit speci- <br />alty crops the net .farm income was U7,200.00. Under these condi-tions <br />does it make any sense to apply to the Conejos the same limitation as is <br />applied to the Central Valley? <br /> <br />. <br /> <br />This problem is not new. Early in the 1930 's the Secretary of ' <br />the Interior ruled that the hinds served -in the Imperial Valley of Cali- <br />fornia by the All-'American Canal were not subject to the 160-acre.lavl <br />because the farmers already owned the water rights and. the reclamation <br />project only acted as a facility for the delivery of ,the water. A com- <br />parable situation prevails on the Conejos in Colorado where. the stream <br />supply, including all but extreme flood flows, is covered by existing <br />appropriations under Colorado law, and the constructed i-latoro Rcser- <br />voir will only regulate the delivery of that water. But while the Se- <br />cretary exempted the Imperial Distri-ct from the 160-acre law, he now <br />says that the Conejos farmers are bound thereby. <br /> <br />. <br /> <br />.. <br /> <br />In 1938) Congress exempted the Colorado-Big Thompson Project from <br />the operation. of laRd limitation provisions. In justifying this ex- <br />emption the Commissioner of Reclamation.told a Committee of.Con~ress <br />that: <br /> <br />," J;- Jf -:;- those are high lands, comparatively high lands - <br />I don't knmi.what the altitude is, but I imagine it is 5,000 <br />or better around Loveland - with a.comparatively.short grovl- <br />ing period. You might be able to drum up' some justification <br />for larger holdings on a shorter growing period." <br /> <br />The San Luis Valley lands are a half mile higher in altitude and have a <br />frost-free period only two '-thirds that of the Colorado-Big Thompson lands. <br /> <br />. <br /> <br />In 1940 tWQ Nevada reclamation projects were freed from the land <br />limitation provisions by action of Congress.' The sponsors of the legis- <br />lation told Congress that the projects were located in an area of high <br />altitude and early frost I'There "a person must have more land than 160 <br />acres in order to farm successfully and carryon .livestock feeding opera~ <br />tions." In most sections of Colorado similar conditions prevai-l. <br /> <br />" <br /> <br />The land limitation provisions have been construed by the In- <br />terior Department as permitting the. ownership of 320 acres by man and <br />wife in community property states. The Department also has ruled that <br />