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Last modified
8/11/2009 11:41:09 AM
Creation date
9/30/2006 10:12:07 PM
Metadata
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Publications
Year
1952
Title
A Hundred Years of Irrigatioin in Colorado, 100 Years of Organized and Continuous Irrigation
Author
CWCB
Description
Irrigation history of Colorado
Publications - Doc Type
Historical
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<br />..;67;' <br /> <br />. <br /> <br />ThR District sEjid it would sign the coni{ractif it were approved by <br />the electorsb;'t that the repayment contract would in itself mean noth- <br />j,nr, unless the secondary agreements with. the water users were negoti- <br />ated and signed. This results from the fact that the Conejos flows are <br />overappropriated ~nd no firm supply will be available for storag8 in <br />Platoro unless the holders ofdirect-fl~1 rights forbear the use of a <br />porti on of those rights during the he avy spring run-off and permit the <br />water to be stored in Platoro. Further, the District told the Bureau <br />that it seri-ously doubted i- ts abiii ty to secure the secondary agree- <br />ments .:i th the 0,"1181'S of the esc:ential watRr' rights so long as the pro- <br />je<':t was subject to the land limitation p1'ovisions. <br /> <br />The payment contract was signed, and the dam has be8n built. How- <br />ever, the essential contracts with the owners of the water rights have <br />nc,t been exec\.lted. / At pr8sent the FlatoroDam and Jieservoir is inoper- <br />ative except for flood_control purposes. ' <br /> <br />. <br /> <br />The efforts, to secure a modification' of the land limitation pro- <br />visions so far as the Conejos Frojectis concerned, may prove a valuable <br />case studJ' to those who are interested in Bureau of Reclamation projects <br />in Colorado. In 1947, pursuant to the advice of its leaders in Congress, <br />Colorado joined with Texas and California in a bill to exempt certain <br />named supplemental Hater projects in the three states from the land limi- <br />tation laws. The San Luis Valley Froject was one of those included in <br />the bill. Extensive hearings were held by the Committee on Public Lands <br />of the United States Senate. Opposition to the bill was centered on <br />certain California and Texas projects. The Committee made no report on <br />the bill. In 1949'the Colorado senators ,introduced S. 1385 which'per- <br />tained only to the San Luis Valley Project. At the committee hearing on <br />this bi-ll a lett:er dated July 20, 1949, from the Secretary of the Intedor, <br />reporting on the bill, was presented. That letter said among other things, <br />that the Conejos Division of the San Luis Valley Project presented" a <br />somewhat unique relationship with established use of water, and irrigation <br />practices not readily adaptable to farm units of 160 irrigable acres, or <br />320 irrigable acres for man and wife, as permi ttedby existing law." <br />The bill, which did not remove all limitations but enlarged the permis- <br />sible ovmership'iri one individual to 480 acres, was passed unanimously <br />by both the Senate and House. ' The Fresident of the' United States then <br />vetoed the bill upon the ground that it violated a "national policy of <br />long-standing. " <br /> <br />After the clisappointing veto of S. 1385 the solicitor of the In- <br />terior Department announced an opinion in a matter involving the Tulare <br />Irrigation District of California.' i!jany lawyers interpreted this opinion <br />as holding that the limitations imposed by the Federal Reclamation laws <br />, meant that no la~d owner could receive a greater quantity of project <br />""ater than that reasonably required to irri["ate 160 acres. If, such was <br />the case, the opinion furnished a possible solution of the Conejos prob- <br />lem. Accordingly, the attorney for the District wrote the Secretary of <br />the Interior on February 27, 1950, requesting the application of the so- <br />called Tulare form\,lato the Conejos. In January, '1952" an adverse rul- <br />ing was apparently'made as the Commissioner of Reclamation wrote his field <br />representatives that the excess land provisions must be met on the Conej os <br />and that they, meant alimUa.tion on land rather thanwater. <br /> <br />. <br /> <br />. <br />
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