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.,. " O!J1. 93 9 CONGRESSIONAL RECORD-SENATE JULY 0 8444' f ~. tor's oPinion, Include. the multiple uses which are provided for In tile present act? Mr. OVERTON. Multiple uses _Include nav:1gEl-Uon. Mr. MILLIKIN. Mr. Presfdent, wiU, . the Senator from Lou1s1ana' permit me to say II. word? Mr. OVERTON. I yLeld. Mr. Mn...LlXIN. I tb.1nk tile speciflc q,uest1on wh1eh my dlst.tngwshed col- league, the senJor Senator from Colo- rado, has In mind, js"whether, under the intent o:f what we are tning to do hae, so tar as these part.!cular Improvements are concerned, the upper basin woUld be called upon to maie good power stages In reservoirs, as distinguished from navIgation stages. It scems to me that sInce we are not reQuJred to make good a navlllatlon stage, we should not be re- quJred to make good a power stage. I have no expert opinion on the sub- jett, but [ btUeve that "I'lhatev~_power stage mIght be reQUired could be made good oUt of the cl.ralnage of the' lower part or t.he stream. In any event, it we were reqUired te make iood a pewsr stage trom the upper part of the stream, Vie would have the same sort of dim. cultles Imposed upon u.s, which mIght be Just as dJsioca~g II.S 11 we had to make good !L stage for nAVlgatlon purposes. I hope the Senator In his comments w:tlJ exclude us from that burden, so flU' as the intent of the .statute Is concerned. Mr, OVERTON. 'The 6enll.tcr wUl re- call that this fight originated beCause the upper reaches of the MissourI Ba,ln feared, that too much water would be taken from tho.se areas In order to :pro- vide :for navigation on the lower reaches of the M\~soUrl R1'\ler. 80 para;ra.ph (b) was Inserted, In order: to preYent too mUch water being used, or water being \l5elj al all, for navigation which would confl1ct w:Ith, the Inte.rest.s mentioned with respect to the upper .basin. Pa.ragrll.ph (b) refers solely to navlgil._ 'J tlon, And that was wbat WAS Agreed upon. and that Wall enacted Into law. So that It wm be applled to the Arkansas RJ.ver, Insofar a5 any project on the Arkansas River I! ccnnectet1 with nav1gatlon and may utUJ2.e 60me of the waters we~ .ot. the nlnety-elght.h met1dlan. Mr. MlLLIKIN. I bope, then, that l! the Senator 15 not prepared to .InclUde power, he will accept an amendment to that eJrect. Mr. OVERTON. I i=bouJd dJsllke verY much to accept oahand an amendment on that Question. It Is a matter of sucb long controversy, and so Dlany interests are InYolved on the :M1.ssisslppl' and the upper MisSouri, and 60 many Stat~ a.re a.fI'ected, that I hope the Senator will not' press a belated amendment on the floor to') be te.ken u~ tor cans1dera.f.\lJ.n, U e.t sometime we may have conunlttee hear. .IlliG on it, that may bE!' a d1Jrllrent mat. ter, but 1 da nat k.now '9Ib.at mlght be the rarnltlcatlons of such an amendment, and how far projects would be affected by it. I could not atcept such an am.ent1- ment, I am sorrY to saY. Mr. JOHNSON or Colorado.,J Of course. this ia a matter at extreme lD'l'portance to the upper baSin, and it seems to me ft Is the tull Jatent at the committee, 'udging from ,the laniUILge wblch ap- J pears on page 2, not to place anY call on the upper basins ot the rivers :for any purpose whatsoever. If Ulat be true, I think that If the Senator would say that wa.s the situa- tion, It woUld satisfy us. But this 'Ii a matter ot such extreme Imporlance that 'We cannot. atrord to hLve cLlls made liD the upper basin 01 the ArkalUlaa River for water for the lower basJn. As the. Senator well unders\.and~, we nero all that water, and need it badlY. alld I dO not think Jt Is the purpose o:f the legisla- tion to do a'IlJt.hlng of the 1d.nd I bave suggested. But we should know, beca.use if dams are constructed on the lower Arkansas, a prlor rlght will be given over our water. . Mr. OVERTON. Will the Senator Ii!t me have bis copy 01 section f of the act of 194:51 , Mr. JOHNSON of Colorado. Certainly. Mr. O'MAHONEY. Mr. President, I wonder 1I the Senator from Colorado will yield to me for a moment. Mr. .JOHNSON of Colorado. I am glad to yJeld It I have the :noor. Mr. O'MAl:IONEY. I think the Sen- ator obtaIned the noor when he raIsed thls question. Earner tn the day, wb.en'tbe bill was ftrst taken up, after the committee amendments had been agreed to, I un- dema.nd a. questkm to the BenatoT from Loul.alana with respect to the appUca- tlon to projects under the bill of the prov1:l10ns of the 8o-ta1led O"Mahone)'- M1l1JkJn amendment, and the Senato. from Louisiana very kindly stated h1.5 tn. terPl"etat1on as being that all of sec. tlon I, IncludIng paragraph (bl. appl.led to ~rojecta under the bill. I understlmd the d1Mculty whtch bothers the Senator from Colorado, and therefore I call his attention to tlJe lan- guage here whIch made me feel, when I raIsed the question this moming, wIth. out knowing the particular problem of the Arkans8.!l RIver, that paragraph (b) dId apply.to all projects. Let.us see 11 this interpretation Js not Warranted b:v the lanluage at the blll: , Provid"~, That thll proV1aIDr., of .ectlon 1 of thll :R.lvcr LIlli Harbor Act llpprov'd Mll:i'ch 2. 1lHill (Puhllc, No. 14, 79th Cong., ht lellll.l- That, o:f course, Is the sectlon from whlch the Benator haa '\lst read, para- graph (b)- .nall II'01'ern WIth rll8pect to prolec!.ll hereIn ...uthOJ"~'- . That means It applies to all proJects' authorized by the blll- and the proeedurel thereIn let forth wl~h relpect to planl, ptopOllall, or reports for ."..orb or Improullltnt Cor navigation or 400d control and Cor Irrlgatlon'and pUrpoleaincl_ dl!lntal thereto shall apply as It herein ae~ torth In tuU. Mr. .JOHNSON of Colorado. WUl the Senator let me lnterJect at that poInt that the procedures have nothing to do with the Question we have In mind? Mr. O'MAHONEY, I underst.and: but 1t 15 procedures with respect to plans, Mr, .JOHNSON o:f Colorado. Yes. Mr. O'MAHO~, Plans Cor navlg.. tiOD or Dood control. 60 there 1.!1 a state- ment there that procedure:!! with respect to plan! for !lood control and: for.nav18"a- tlon as let forth In paragraph (b) sbaD apply. The questIon arises, therefore, whether or not paragraph (b) dellls with protedures or wJth somethIng else. I can understand that It might.do so, and I em wondering H the Senator from Lou- ISlaDa would not consent to 1nsert In the pending bUl on page 2, !lne 10; alter thi! word "~t'Jcedu:::es", I.tte V10tds "a\'l.d ~r()- .vlslons.~' Then after the word "pro~ posals", In line 11, Insert"the word"'con- struction." Mr. JOHNSON of Colorado. I may SI\Y to the Senator from WyomIng that. the dlmtu\t~.. ''It.h that h that we do not want to leave a question of thIs klnd to the discretion of anyone. The last part 01 the paragraph beglDning in lllle 10 on page 2, slmply leaves those matter9 to be worked out by agreement. with certaIn omc1a1s, govQrnoTll of States, and< so on. We do no; want to lellve that matter to anyone's d.JscreUon. -Mr.O'MAHONEY. I undcI'stand pre. cIsely what the Senator has In mind. The suggestion I make ,would flO~ leaYe It to anyone's dlstretlon. Mr. JOHNSON of Colorado. It the Senator wm offer an amendment to the portion at the provlso preceding the semI- colon In llne 10, J think It would be very a.pproprlatl'. Mr.O'MAHONEY. But If the Senator wlll bear wJth me, the reason I made tha.t lIuggestJon was because the word "pro- vtsIons" would apply not only to the pro- cedures, but It would apply to the pro- vt!tons set forth tn parS,l!;raph (b). Mr. JOHNSON of Cclorado. These matte1'Jl could be worked out. only by con- (I'r~ncel!. and by the dlsttet10!\ary I&Ction ot omclaJs. Mr. O'MAHONEY. It was not my thcuaht that tha.t would be tbe effect of the language I sUigested. But If the Sena.tor has an aIlIeIldment. of tourse, I ha....e no purPOSI' of Ins1sting upon my amendment as agal.nBt the one he hienselt may have In mind, Mr. OVERTON. Mr. President, will the Benator tram Colon.do yIeld 1.0 me? Mr. JOHNSON of Colorado. Yes, I yield. Mr. OVERTON. This provlsJon, Mr. President, w8..sln the House bill, and wa9 thoroughly considered by the HOUse, and came to the Senate, and the Senate Com- merce CommJttl'e conducted hearings. This amendment was not suggested by anyone. Thls_ QuestIon W8I!I never brouil1t to the s.ttentlon of the com- mittee. There was no opportunity :for heaf:1ngs on!t. It Is not simply the people of Colorado or the people or the 'West that are fntere5ted In the O'Mahoney-M!ll!kln ameIldment. There a.re pe()ple UP and tlown "he Ws!lss1ppl RiVer, and all its tributaries, who are Interested In thl.s matter. I am golng to ask. the able Senator from Coloraljo to defer such action until some other river and harbor bill comes Up, and not to ask: tbe Senate, 'Wit.hout any deliberation whatsoever, to adopt an amendment whlth may be at lar-reachlng con-. sequence. The O'Ms.honey-Mllllk.ln amendment was fought over day alter day, week litter week:, month alter moI'lth, and 2inaUy agreed Upon, and carefully phrased In el'lBctly the language that it appears In "he act or 19'U_and In the act ot 19015. 80 I am asking the Senator ------;-i. c. . . ';' ':.:>::.:~~~}~<fi.t~:~ ..:: '. .[,::... ..~'.': ...' ,-;, .,.' ;,: '.. .,'!~:;'tti;ti~;1,~';# , , ~ ' ". :,'., .',.... .",. ,..>1 ~, "., .. .',. ....:., . . .Y.:.~:','.{.. . .:~~ ....:. :..::<:;.~.;>~...;:.: <.... ~/>~'~..I'~~~~~i~X~'::~ .", ";',-.' ",,". ...; <.:,>}~.;~<~~~:. . ::.;;?:';1":;;~ .';'" ",f;' "'. .' 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