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<br />. <br /> <br />?Qt\'5 <br /> <br />GENERAL COMMENTS <br /> <br />1. Federal Control and Jurisdiction. Tho Taylor Bill has beon carefully <br />drawn. It includes every word, paragraph and~ruvision nocessary to confer upon a <br />federal. Corporation complote control and jurisdiction over the ~mter rosouroos of <br />tho Columbia Basin rogion; Suoh eontrol extends to present and potontial develop- <br />mont of those vital res ouI'ces. This is acc omplished by the legal offect which <br />must bo givon to gonoral provisions of the Bill. Cortain spocific languago, deal- <br />ing with State rights in water, when analyzod in connoction with those general <br />provisions, is nothing more than an idlo gesture. Such language may doludo the <br />cursory,reader or those who hnve not fully considorod tho effect of the all-porvad40"G <br />ing jurisdictional clauses in the Bill. <br /> <br />In this conncctien particular attention should be called to threo <br />prov~s~ono, namely, the declaration of Congrossional policy in Soction 2, tho <br />repealor clauso in Section 27, and tho construction clause in Section 29. Along <br />,vith those p~ovisions consideration must bo given to the extensivo authority givon <br />to the Corporation for tho oxorciso of tho powor of ominont domain (condomnation <br />of proporty) in the Fedoral courts. Tho Bill very fully covers this broad po,vcr <br />under every conceivable condition whoro tho Corporation may find it dosirablo to <br />go into tho Fodoral courts and acquiro by condomnation, privato and, in rrany <br />instances, public proporty. <br /> <br />May we briefly consider those clausos and their offect in effectuating <br />completo control of the water rosourcos of tho Columbia Ehsin region by tho <br />Autherity. <br /> <br />(a) In Section 2 of the Bill the Congross doclares that it croates <br />tho Authority to accomplish the development program thorcin montioned, <br /> <br />"******0.11 for tho purpose of fostering and <br />protecting commerce among tho several states, <br />strengthening the nntio~~l dofonso, *** and <br />promoting the goneral welfare of the United <br />Statea******11 <br /> <br />These aro all broad powors of tho Foderal government set forth in the <br />constitution. They aro dologated to tho Fodoral govornment and transcond thoso <br />roservod to tho Statos; and if theso povrors can be constitutio~~lly invoked by <br />the Congress in oroating an Authority, this statoment of policy makes ineffoctual <br />any words containod in tho bill ostensibly designed to rocognize State water rights. <br />Further, we should never lose sight of tho conclusions roached by Seno.te Committoe, <br />when reporting on tho M.V.A. Bill, that thoso powors aro nocessary for tho <br />Authority to accomplish the purposos for which it is created, but that such pur- <br />poses cannot be attained and at the same time prosorvo the integrity of State <br />wa tor laws. <br /> <br />(b) The Ropoaler Provision (Section 27) reads: <br /> <br />"Soc. 27. All Acts or parts ef Acts in conflict herewith <br />aro horoby ropealed, so far as thoy affoct tho operations <br />contemplated by this Act. Effoctive as of the date tho <br />transfers authorized by sootion 9 (a) of this Aot bocomo <br />effoctive, the Act of August 20, 1937, entitlod 'An Act <br />to authorize tho complotion, rrnintennnce, and operation <br /> <br />..5- <br />