BOARD00854

• Board Meeting Date: 1/15/1941
• Description: Table of Contents and Minutes
• Board Meetings - Doc Type: Minutes

"

s:tatutory provision, by appropriate aotion of the Congress, that any
investigation of a projeot proposing the exportation of water from the Colorado
River Basin inolude the investigation 'of the neoessary t'acili-ties and t'ea-tures
to proteot the present and prospective uses of water within the basin from which
the water is; exported and that this policy be submitted to the Colorado River
Basin Committee of Fourteen, and an effort made to obta:ln the approval of suoh
policy by the representa-tive$ ot' the other six statelli ot' the ColoradO River Basin.

After discussion the motion was unanimously earried.

Thereupon the following resolution was proposed by Mr. Foster, who,
with second of Miss Pointer, Mr. Dille and Mr. Hinderlider moved its adoption,
to-wit:

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WHEREA$, Senate Bill No. 280 and House Bill No. 1823, known and cited
as; the "Arkansas Valley Authority Act of 1941", haTe been inbroduoed recently
in the Congresffi of the United Statell, and -the introduotion of similar- billa
relating to other,.i ver basins of the United Statelli is c'ontemplated,

AND WHEREAS', the Bill to oreate the proposed Arkansas Valley Authority
is objectionable for the following MAJOR reasonlt.:

1. It provides for exolusive federal oontrol, within the disoretionof
the Authority of the plann:lng, oonstruoting and operation of projeots
designed to provide for navigation, flood oontrol, power development,
reolamation of publio lands, and other purposes.

2. . It prevents the states; whose interests are involved from entering
into compaotllJ without the consent of the Authority, :In oontravention of the
oonstitutional right of sovereign states to make treaties, or CQ\Ilpacts, among
themselves, subject only to the consent of the Congress.

3. It appears to subjeot judicial oontroversies involving the right to
appropriate and use water for irrigation or other benefioial purposes to the
jurisdiction of the Federal Court in the district where the principal offioe
of the proposed Authority may be located.

4. It empowers the proposed Authority to investigate, oonstruct and
ope rate projects without regard to other agencies of the federal government.
These agenoies could participate in suoh aotivities only if requested so to
do by the Authority. For nearly forty years the Bureau of Reolamation acting
direotly under Congressional authorization has carried on' a progrlUll in full
reoognition of state rights.

5. It authorizeII' and empowers the Authority to issue bonds fully and
unconditionally guaranteed by the United Sta.teS! for the following and other
purposes: "aoquiring, improving Ilnd operating existing oanals, conduits,
laterals, pipelines, ditohes and incidental works and facilities, or in
aoquiring any int-erests therein", aoql1iring "privately OftlleO. * * * * * *
irrigationpr6perties'within the a.rea of its operations", extending oredit
to stm.s, counties, an~ munioipalitieS! and generally doing anything which is
deamed neoessary or appropriate to the purposes of the Act. In the case of
oonstruction projeots, Section 15 (a), the aggregate limitation for bond
issues; apparently is not olear and definite, and bonds in any amount tiot
exceeding $50,000,000 may be issued for any single, "dam, steam plant, oanal,