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<br />" <br /> <br />the development consequont to this Act.....all for tho <br />general purposo of fostering an orderly and propor physical, <br />economic and social development .of said areas .1' To discharge <br />its rosponsibilities the T.V.A. was granted 'such povrors as <br />may bo nocessary or appropriate' for their exercise. Sccticn <br />4 (h) of tho Act gives the T.V .A. tho very broad powor to <br />'oxorcise tho right ef eminent domain.' Soction 4 (i) of the <br />Act ompowors tho Authority to condomn certain specified typos <br />of proporty and concludos by reforring to 'all proporty that it <br />(tho Authority) dooms nooossary for carrying out the purposes <br />20,42 of this Act. To mako clear beyond any doubt tho T.V..A.'s broad <br />1 power, Congross in Section 25 authorized the Authority to file <br />prccoodings, such as tho ones beforo us. 'for tho acquisition <br />by condemnation of any lands, oasomonts, or rights of vmy <br />vffiich in tho opinion of tho corperation arc necessary tc carry <br />out the provisions of this Act.' <br /> <br />"All of thoso provisions show a oloar Congressional purpose to <br />grant the Authority all tho pmvor neoded to acquiro lands by <br />purohase or by condomnationwhich it doems nocossary for carry- <br />ing out the Act's purposos. Thoso prococdings wore precoded by <br />a T.V.A. resolution that it did deem those acquisitions nocossary <br />for such purposos." <br /> <br />This docis ion of tho Supremo Court makos crystal cloar that, if a poworful <br />weapon in tho hands of a throe-man Authority is not to be usod for widesproad ex- <br />propriation of private proporty, including prosently vestod vmter rights acquirod <br />undor stato law, thon Congross must defoat Authority legislation. <br /> <br />2. Govornmont By a Federal Corporation, In any analysis cf proposod <br />Authority logislation, such as tho Taylor Bill, it sooms important to rcitorato <br />the faot that Congross is callod upon to approve tho delogation of oxtonsivo powors <br />of Govornment to a Fedoral corporation. And when it is considered that tho develop- <br />mont of a basio rosourco, such as wator, vitally offocts the econemic and social <br />wolfare of a vast region. such a delegation of pewers eannot be accomplished <br />without vielating the principles of our represontative form of Govornment. It <br />creates a supor stato. the functions of which suporcode thoso which shculd be <br />exercised in strict compliance with our dual form (foderal and state) of governmont. <br />This result becomes more frightoning whon consideration is given to the fact that <br />theso Authority Bills authorizo the trans for to a Federal Corporation, at tho dis- <br />cretion of tho Presidont. the povrors and functions of existing agencies of tho <br />Government. <br /> <br />3. v~ter Rights under State Laws. Soction 2 (c) (d) of tho Taylor Bill <br />rofers to tho rights and interests of the states to contrel tho appropriation. use <br />and distributien ef water and sots up a priority in the uses ef wuter. This Section <br />is idontical with Section 2 of S. 1716 (Mitchell Bill), Tho analysis prcparod by <br />Clifford H. Stono on S. 1716, devoted many pages to this provision and pointod eut <br />that tho languago failed to protect State wator rights. The enly offoct of this <br />language is to dolude these who read it witheut eonsidering tho jurisdictional <br />clauses contained in the Bi:l. It was statod in the fermer analysis: <br /> <br />'~hore is no other conclusion but that the new provision, 2 (d) of <br />the recont CVA bill, is no more effective in the protection of the Statos' interost$ <br />and rights in water than are the provisions of tho old CVJ. bill or of tho IlNA bill <br />(S.555). Concorning such a prevision in S. 555, tho Senate Committee on Irrigation <br />-8- <br />