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Last modified
1/26/2010 12:29:31 PM
Creation date
10/11/2006 10:13:07 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
2100
Description
Laws-Acts-Policy Rulings Affecting CWCB and Colorado Water - Federal
State
CO
Basin
Statewide
Date
12/4/1963
Author
Unknown
Title
Water Resources Planning Act of 1961 - Development of Natural Resources in the United States - Congressional Record - US Senate - 12-04-63 - Pages 22119 through 22136
Water Supply Pro - Doc Type
Publication
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<br />CUNGRESSIONAL RECORD - SENATt. <br />further if a. State'lI program does not meet <br />the approval of the Council the Caunell can <br />dlacontlnue any furUler pllymentll unt.ll Buell <br />time all the State's prograD'l 18 carried out <br />in accordance with the council's wishes. <br />That language appears to place the <br />States under the direct control of the <br />Federal Government or risk the loss of <br />any financial assistance under the act. <br />Mr. ALLO'IT. I can only give my own <br />impression. I do not have an amend.. <br />ment to that particular part of the b111. <br />I did not have time to prepare an amend- <br />ment or to have a studY made ot an <br />amendment which would take care of <br />this. However. the bill wUl go to the <br />House. <br />My own point of view agrees with that <br />of the Senator from Wyoming. That I. <br />probably .one of the weak places of the <br />b1l1. from my standpoint. <br />Mr. ANDERSON. Mr. Pre.ldent. will <br />the Senator yield? <br />Mr. ALLOTI'. I yield to the Senator <br />from New Mexico. <br />Mr. ANDERSON. I thank my friend. <br />The point I wish to bring to the atten- <br />tion of the Senator from Wyoming Is <br />found on page 21. under "State Pro- <br />grams. .. <br />Mr. SIMPSON. In the report? <br />Mr. ANDERSON. In the bill it.self. <br />That is section 303, wherein It is pro- <br />vlded: <br />The Council shall approve any program for <br />comprehenalve ....ater and related land re~ <br />sources planning which 18 submitted by " <br />State, It such program- ~ <br />and then there are set forth the qualt.. <br />flcations. I believe It Is the intention to <br />say that the Councn cannot capricIously <br />toss these things aside. . <br />Mr. SIMPSON. If the Senator wlll <br />pardon an Interjection, that Is the sec- <br />tion which disturbs us, because it seems <br />to be contrary to what the Senator just <br />stated.. It:seems to g\ve the total author- <br />ity to the Counell. <br />Mr. ANDERSON. It is dlfllcult to as- <br />sume that Jt a State turned In a plan <br />It would not be a comprehensive plan <br />with respect to intrastate or Interstate <br />water resources. If the plan covered <br />those things, it would Butomatlcally <br />mean the State would get lIB share of the <br />money, If there were turned in some <br />program which would not do that, the <br />senator from Wyoming and I would not <br />wish It paId for, anyway. <br />We tried to say that the dlE.cre~ion of <br />.the CouncJl to turn them down, would be <br />. tied to the reqUirement on the States to <br />.'do certain things. We beHeve those <br />t.hlngs are reasonable. <br />The Council of State Governments has <br />examined this langua.ge c.arefully and la <br />completely satisfied with this language. <br />They believe Jt does exactlY that: <br />Mr. SIMPSON. I know the CouncJl ot <br />State Governments has. It was the <br />statement of the CouncJl 01 State Gov- <br />ernments with which we took issue. <br />. Mr. ANDERSON. I am sorry: I did <br />not recognize that. <br />I say to the Senator from Wyoming <br />that we tried. We carried this language <br />to them. We tried to make sure that <br />every State omcial examined It and Was <br />satisfied with it. We. now have language <br /> <br />000871 <br /> <br />11163 <br /> <br />,- <br /> <br />missions or it could be a member of one <br />basin commission, 88 it chooses. <br />Mr. ANDERSON. Whichever it de.. <br />sires. <br />Mr. ALLOTI'. Whichever it desires. <br />Mr. SIMPSON. I have a question <br />which either the Senator from Colorado <br />or t.he Senator from New Mexico may <br />wish to answer: What is the situation <br />with respect to river basin compacts un- <br />der t.he purview 01 this enactment? <br />Mr. ALLOTT. I would be happy to <br />answer that Question If it meets with the <br />approval of the Senator from New <br />Mexico. <br />Mr. ANDERSON. I shall be happy to <br />have the Senator from Colorado answer <br />thnt question. <br />Mr. ALLOTT. The bUl Is clear. I <br />.shall read Into the RECOJ..D page 2, sec- <br />tion 3, subsection (s.) and subsection <br />(b) of the bUl, so that the answer may <br />be clear: <br />Not.hing in tbiB Act I!haJ.I be eonatrued- <br />(a) to expand or dlmln18h either Federal <br />or State jurl&l:tlctlon, rcsponelblllt.y, or rights <br />In the fteld of water resources planning. de. <br />velopment, or control: nor to dlaplace, super- <br />sede, or limit any Interstate compact or the <br />Jurladlct.lon or reBponslbutty of any legally <br />established joint or common agency of two. <br />or more States, or of two or more States and <br />'the FederBl Govunment; nor to limit t.h~ <br />authority of Congress to authorize a.nd fund <br />projects; nor to lImit the use of other mech. <br />anl8ms. II preferred by the participating gov- <br />ernmental unite, In the water resources <br />field: <br />. (b) all supeJ"lledJng, modifying, or repeal- <br />Ing existing laws appliCAble to the varloua <br />Federal agencies which ate autborlzed to de- <br />velop or p..rUc'pll.te 'n the deve10pment of <br />. water and related land rf!SQurces. or to ex- <br />ercise licensing or regUlatory functlona In <br />relation thereto; nor to aJrect tbe Jurllldic- <br />tlOb, powers, or prerogatives of the Interna~ <br />tlonal Joint CommlSlllon, United States and <br />Canada, or of the Int.ernatlonaJ Boundary <br />and Water CommJsslon, United BtateB and <br />MexIco. <br /> <br />J.' <br />.., <br /> <br />. It is my understandIng-and I am sure <br />it Is the absolute Intent of the author ot <br />the b11l-that nothing In the bUl ca.n, tn <br />any way or in any manner, modify any <br />present eXisting State law with respect to <br />water, or can modify any exJstlng. com... <br />pact or agreement between the States <br />with regard to water. <br />Mr. SIMPSON. Does the Senator <br />Irom New Mexico concur in that under- <br />standing? . <br />Mr. ANDERSON. I concUl' completely <br />wJth what the Senator from Colorado has <br />said. This language haa been picked up <br />and repeated In the report. Immediately <br />ahead of it appears the following <br />language: <br />Avoid any attempt to adjudicate or alfeot <br />State and Federal authorities oyer water and <br />related. land rellOuree.s, 01' to d.lapla.ce an,. <br />eatabllahed agenclea, or In a.ny way alter ex. <br />Istlng 1nterata.te and State-Federal Blra.nge~ <br />ments or compacts, 8uch IL8 the Colorado <br />River compact wlth Jta upper and lower Colo. <br />. rado Bnaln dlvlalons. <br /> <br />We went out of our way to be sure to <br />be understood, In exactly the way the <br />Senator from Colofado he.s stated It. <br />Mr. SIMPSON. I thank the Senator <br />(l'om New MexiCO and the Senator from <br />CO)Orado. I wonder if I Play now intrude <br />aome Questions-not objections, but <br />quest\on&-wlth respect to the State of <br /> <br />Wyoming because we are involved In SO <br />many of these compaeIB It Is vital to us, <br />as I know it Is a)so to the State of Colo- <br />rado and other Western States such as <br />Idaho and Montana. <br />I have not been able to check my ob- <br />Jectlons to the bill. If the Senators from <br />Colorado and New Mexico will indulge <br />me and try to answer a question, perhaps <br />they could give me the benefit of their <br />experience. <br />I raise the follOWing QuestJon first ot <br />all: <br />One oC the mO!t Important of theae rnl~ <br />slonl!l would be a provLslon that wherever a <br />river basin has been divided Into 8ubbllBln!l <br />by an act of Congreaa or by an Interstate <br />compact to which Congress hne given ItB con.. <br />aent, each auch subbasin shall be treated all <br />a. separate river basin Cor the purposes oC this <br />act. <br /> <br />That Is on page 99 at the hearings. <br />The Senator from Colorado has ade-. <br />quately answered that question. Read- <br />ing further: <br />This! 8uggel!lted change to S. 1111 would <br />provide better planning. coordination on <br />those particular rIver baslna which encom- <br />pass dUferent reglon8 where the phyalcal, <br />economic and social conditions of the upper <br />baaln S~tes may be vaatly dltl'erent from <br />those of the lower basin States. <br /> <br />Then I raised the question of national <br />resources: <br />The procedure by which a river basIn com. <br />mission Is eata.bllshed could be strengtbened <br />by making provisions by which a majority <br />of the Statea In a given river boaln would <br />have to be In concurrence on the estabUah- <br />ment of such a commission. . <br /> <br />Is that taken care of in the bJIl? <br />Mr. ALLOTT. To answer the Ques- <br />tion 01 the Senator from Wyoming, we <br />are really operating backwards at th18 <br />moment. An amendment will be offered <br />which will contain the la.nguage which <br />was read by the Senator fl'om Wyoming, <br />or similar language for the same PUt- <br />.'pose, as suggested by the Governor of <br />Wyoming and by the Senator from WyO- <br />ming,. as well as by Governor Love of <br />.Colorado and others. I shall offer that <br />amendment. <br />Mr. ANDERSON. The language I read <br />a moment ago from the report spe- <br />Cifically pointed to the Colorado River <br />eompaet. and .the'\. pointed to the Up- . <br />per and Lower Colorado River Basin to <br />. show that we had a subbasin. We are <br />not going to disturb that sItuation either. <br />That is why I am prepared to accept the <br />amendment which the Senator from <br />Colorado wUl o1fer. We fully concur <br />that the protections for the subbasins <br />should remain. <br />Mr. SIMPSON. I know that the Sen- <br />ator from New Mexico is desirous to have <br />the legislative history disclose these <br />points. <br />I have one additional question which <br />gives us considerable concern. Perha.ps <br />the Senator from Colorado could tell me <br />if he will propose an amendment with <br />respect to the following language: <br />Ot.her aapecta whleh are at gr~a..t <<)nee1'n <br />.are the procedures by which the State's ft. <br />nanclal aaalstance allotment will be com. <br />pUted under title III. It appeals that the <br />Council will determine tbe need fot - com. <br />ptehenal:ve planning and the Dee<l1or Anan- <br />01.1 BMlstance of any particular State .nd <br /> <br />22127 <br />
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