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WSPP00114
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WSPP00114
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Last modified
1/26/2010 10:47:34 AM
Creation date
10/1/2006 2:06:06 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8200.300.40.B
Description
Colorado River Basin-Colorado River Basin Legislation/Law-Compacts-Upper Colorado River Compact
State
CO
Basin
Colorado Mainstem
Water Division
5
Date
1/1/3000
Author
Clifford Stone
Title
Memorandum-January 16-Peterson Opposing McCarren Resolution and Hinshaw Bill-The New Proposed Columbia Authority Bill
Water Supply Pro - Doc Type
Report/Study
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<br />. <br /> <br />exeoutive department or a~enoy of the United States whioh pertains to projeots or <br />aotivities within or affecting the region and whioh are within the scope of or <br />related to any functions, duties, powors or responsibilities conferred upon the <br />Corporation". This section also contains new language which reads: <br /> <br />"Provided, That the Corporation may operate each such project <br />or portion thereof through the agency from whioh it is hercby <br />transferred, including the Bureau of Reclamation and the Corps <br />of Engineers". <br /> <br />~~a.~ <br /> <br />It should be noted that these prov~s~ons leave it entirely within the <br />disoretion of the Corperation to determine What activities and projects shall be <br />undertaken and operated under existing agenoies. <br /> <br />7. Section 20, as in the Mitcholl Bill, contains provisions relating to <br />"Financos, Audits, Accounts, and Reports". Tho Taylor.Bill oontains new language <br />speoifying that the system of accounts, books and records of the Corpor~tien shall <br />be subject to the approval of tho Comptroller Gonoral of tho Unitod Statos as to <br />their adoquacy for the accounting purposes; and that the Corporation shall maintain <br />its powor accounting systom in conformity vli th tho Fodoral Powor Commission's <br />uniform systom of accounts. The Mitchell Bill oontains oxtonsivo directions for <br />audit of thc Corporation's accounts by tho Comptroller Goneral. This provision is <br />eliminated in tho Taylor Bill and in its placo is insertod the following: <br /> <br />"Provided, That the Corporation shall bo a wholly ovmod <br />Gp~oTnmont corporation within tho moaning of tho Govornmont <br />Corpor~tion Control Act, approvod Docombor 6, 1945, and its <br />transactions and oporations shall bo subjoct to cont~ol in <br />the mannor providod in that Act excopt as specifically sot forth <br />in soction 20 (a) above". <br /> <br />It is intoresting to note that both the Mitcholl Bill and tho Taylor Bill <br />contain a provision that, if in any fiscal yoar tho 6orporation's revonues aro not <br />sufficient to pay into the Treasury of tho United Statos all reimbursablo amounts <br />due for that year, then they shall be carriod forward as a continuing obligation <br />of tho Corporation, No provision is mado for interost on such deforred payments <br />due the Treasury. If, as in the case of tho Tennesseo Valley Authority, tho <br />Corperation fails to repay amounts advaneed by the Government ovor a period of time, <br />possibly for years, then the taxpayers of tho Nation would bo compellod to sustain <br />interest ohargo on money advanced by tho Govornment to finance the Corporation's <br />activities. This would amount to a substantial subsidy. Bosidos, repaymont to tho <br />Troasury of any amount advancod for projoct construction and for othor purposes <br />would be loft in an indofinite status and depond upon the succoss of the Corpora- <br />tion's undertakings and tho broad discrotionary powors roposed in tho Board of <br />Directors. <br /> <br />8. Soction 24 is ontitled: "use of Patonts", Subsection (a) of tho <br />Mitchell Bill is eliminated Qy the Taylor Bill. This specification in the Mitcholl <br />Bill givos tho Corporation access to tho Patont Office of tho United States for <br />the purposo of studying and copying mothods, formulas and scicntific information <br />neccssary to cnablo tho Corporation to use and employ tho most efficacious and <br />econemical proccsses in the courso of its operations, This eliminated scction also <br />provides that the owner of tho patent, whose patent rights may hnve been Dopiod, <br />used, 'infringed cr omployed by the COlrporation, would have a cause cf action against <br />tho Corporation. <br /> <br />-4- <br />
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