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<br />0;' ~ .... <br /> <br />To: <br /> <br />ITtC[//l.t:o <br /> <br />J4N (, <br />. . J 8[0.. <br />~4. cOLD 'Y" <br />William C. Brabham, Vice-Chairman, Missouri Rive~fR~~:4~R <br />Basin conunission ""~'IJ~. <br />Vern W. Butler, Chairman, state Technical Sub-Conunittee <br />Proposed state position on Issues Involving Municipal <br />and Industrial Water Marketing From the Six Federal <br />Reservoirs on the Missouri River <br /> <br />Memorandum <br /> <br />From: <br />Subject: <br /> <br />1. Request for Extension of Time to Answer Issues Raised by <br />Messrs. Ford and Horton <br /> <br />The Missouri River Basin States need and deserve <br />additional time to study and resolve issues raised in the <br />December 13, 1973, letter to Chairman Neuberger. Policy <br />questions of this magnitude and importance to Missouri River <br />Basin people should not be hastily answered until all <br />interest, not just the federal agencies, have had sufficient <br />time to research and formulate equitable positions. <br /> <br />This request for an extension of time is based upon <br />the following: <br /> <br />a) The questions posed by Messrs. Ford and Horton <br />stem from a false assumption and that assumption <br />is the "control of and title to" all the waters <br />of the system rest with the federal agencies. <br />This premise fails to account for the policy <br />established by Congress in the 1944 Flood Control <br />Act recognizing the interest and rights of the <br />States in determining the development of the <br />watersheds within their borders and likewise their <br />interests and rights in water utilization and <br />control. <br /> <br />b) The legal interpretations presented supporting the <br />answers proposed by the federal sub-committee <br />involve some complicated and lengthy statutes, court <br />cases, Attorney General interpretations, and <br />Congressional Hearing records. The States and their <br />legal consultants have not had an opportunity to <br />search out and analyze this multitude of federal <br />laws that is being used to justify the federal position. <br />