WSPC01369 - Laserfiche WebLink

Home Browse Search

000414 . . Congress' mandate to the Secretary to proceed to develop the Lower Basin Projects in 1928 was later mirrored by its 1968 enactment of the Colorado River Project Act, 43 U.S.C. 9.1501- 1556 authorizing the construction of the Central Arizona Project and its amendment in 1968 to the Colorado River Storage Project ,Act, 43 U.S.C. 9 620, to construct parallel projects in the Upper , Basin. In the Boulder Project Act, the Secretary was directed to allocate the rivers of the Lower Basin and to proceed to construct and develop Hoover Dam and in the 1968 Colorado River Project Act 'the Secretary was directed to build the Central Arizona Project, again for the Lower Basin. But in the amendment to the Colorado River Storage Project Act, the Secretary was directed to proceed to develop comparable facilities in the Upper Basin. In all cases Congress intended the Secretary to be the driving force behind a national plan to develop the Colorado River. As the Supreme Court noted in Arizona v. California, 373 U.S. at 589, Congress insisted that there be "unitary management" and a "coordinated plan," in order to accommodate the often conflicting interests of the Colorado River basin states. The same desire to create a unfettered national scheme for the Colorado River was expressely revealed in the 1968 amendment where Congress directed the Secretary to "proceed as nearly as practicable with the construction of the Animas-La Plata ... Project concurrently with the Central Arizona Project, to the end that such project(s) shall be completed not later than the date of the first delivery of water from the Central Arizona Project." The legislative history confirms that Congress "required" the Secretary to plan and accomplish both pre-construction and construction aotivities of the Upper Basin Projects, including the Aminas-La Plata, in such a manner that the projects would be capable of operation not later than the date of the first delivery of the Central Arizona Project water. See H.R. Rep. No. l86l, p.26 (l968). The special authorization given the Animas-La Plata Project was for the very same purpose Congress had early on developed the Boulder Dam project and the Central Arizona Project -- namely, to strengthen the economies of the area served by the project and to provide a dependable water supply to meet the ever growing needs for agricultural, muncipal and industrial uses for all of the Colorado River States. See H.R. Rep. No. 1312, p.22, 55. The attainment of this object can resolve one of the major facets of the aged old conflict over use of Colorado water. Thus, by providing for concurrent construction of these projects the Committee is also expressing its desire that they be adequately funded through support of the executive branch and appropriations of moneys by the Congress. (emphasis added) 5 <.,1