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WSPC03997
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Last modified
7/29/2009 10:06:12 AM
Creation date
10/9/2006 4:19:30 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8044
Description
Section "D" General Studies - Compacts - General Writings
State
NE
Date
3/13/1951
Author
Clifford H Stone
Title
Interstate Water Compacts - Before the Nebraska Coordinating Committee on Missouri Basin Resources Development
Water Supply Pro - Doc Type
Report/Study
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<br />000412 <br /> <br />-12- <br /> <br />power "to dispose of and make needful rules and regulations respecting the <br />Lerritory or other property belonging to the United States." (See United States <br />v, Hanson, 167 Federal, 881; Burley v. United States et al., 179 Federal 1). <br />Some reclamation project authorizations, such as the Boulder Canyon Project, were <br />based on the commerce clause of the Constitution. As late as June 5, 1950 the <br />concept of the authority for Federal reclamation was broadened in the important <br />United States Supreme Court case of the United States v. Gerlach Livestock <br />Company. Vfuile holding that Congress has directed that, in the Federal Reclama- <br />i;ion program, state-created water rights must be recognized, the Court said: <br />ll_~_ " " -0} {> Thus the power of Congress to promote the <br /> <br />general welfare through large-scale projects for reclamation, <br /> <br />irrigation, or other internal improvement, is now as clear and <br /> <br />ample as its power to accomplish the same results indirectly <br />through resort.to strained interpretation of the power over <br />navigation" . (Emphasis supplied) <br />There is thus established, on the bases above briefly reviewed, the <br />right of the United States to engage in the reclamation of land in the national <br />interest. Certain incidental benefits from the reclamatiqn program, such as <br />flood control, are also related to the national interest. The authority for <br />certain non-reimbursable costs of a reclamation project, including the interest- <br />free investment in irrigation works, is also thereby established. It is well <br />knovm, of course, that irrigation, pocrer and municipal V/ater beneficiaries are <br /> <br />required to make repayments of specified amounts of the construction costs. In <br /> <br />t he case o:f the investment in power features of a project, interest is collected <br />:from the consumers; and in the case of municipal water beneficiaries, interest <br /> <br />mayor may not be collected in the discretion of the Secretary of Interior. <br />
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