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<br />LETTERS OF SUBMITTAL <br /> <br />UNITED STATES DEPARTMENT OF THE INTERIOR, <br />BUREAU OF RECLAMATION, <br />Washington 25, D. G., May 9, ~947. <br />The SECRETARY OF THE INTERIOR. <br />SIR: On May 16,1946, I transmitted to you a report on the Paonia <br />project, Colorado, which was'adopted by Acting Secretary Chapman <br />on May 23, 1946, as the proposed report of the Secretary of the <br />Interior. Copies of the proposed report were then sent to the Secre- <br />tary of War and to the State of Colorado, pursuant to the provisions <br />of section 1 of the Flood Control Act of 1944 (58 Stat. 887). Copies <br />were also sent to the Federal Power Commission and the Department <br />of Agriculture. The written views of each agency have been received <br />and a copy of each letter is enclosed herewith. The State of Colorado <br />desires and recommends construction of the project with certain <br />changes in the repayment plan. The interested Federal agencies <br />advise that constructing the project will not duplicate or interfere with <br />any of their plans. <br />Section 9 (b) of the Reclamation Project Act of 1939 provides <br />that- <br />In connection with any new project, new division of a project, or supplemental <br />works on a project there may be allocated to flood control or navigation the part <br />of said total .estimated cost which the Secretary may find to be proper. <br />It provides, also, that- c <br />In connection with the making of such an allocation, the Secretary shaH consult <br />with the Chief of Engineers and the Secretary of War * * *. <br />Such consultation has taken place. The Secretary of War and the <br />Chief of Engineers have advised, in effect, that, unless the proposed <br />Spring Creek Reservoir is to be operated in accordance with regula- <br />tions prescribed by the Secretary of War, as provided for in section 7 <br />of the Flood Control Act of 1944, it would no.t be appropriate to <br />allocate part of the cost of its construction to flood control. On the <br />other hand, counsel for this Bureau advise that authority to allocate <br />costs to flood control under section 9 (b) of the Reclamation Project <br />Act of 1939 is not dependent upon the allocation of flood control <br />space in reservoirs and that the requirements of section 7 of the Flood <br />Control Act of 1944 do not become effective, with respect to Federal <br />Reclamation reservoirs, unless there is an allocation of space therein <br />exclusively for flood control purposes. <br />It is perfectly clear to us that the mere fact that a portion of the <br />cost of a project has been allocated to flood control does not neces- <br />sarily mean that any portion of the storage provided has been or <br />should be so allocated. If the Spring Creek Reservoir is operated as <br />proposed in appendix E 1 to the regional director's report, the entire <br />active storage capacity of 13,000 acre-feet would, in effect, be used <br />jointly for flood control and irrigation, and, seasonally, in the winter <br />and spring, the period during which all flood flows of any consequence <br />'Not printed. <br /> <br />v <br /> <br />- <br />