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<br />With this plan before it, the Board of Directors on November 10, <br />1950, pas.sed the following resolutionl <br /> <br />"BE I',l' RESOLVED, That the J;>rovo River Water Users <br />As.sociation does hereby elect to develop the power <br />possibilities 01' the Deer Cree~ Division 01' the Provo <br />Rivel' Project 01' the United States Bureau.o1' Reclama- <br />tion, and that the Secret~ of the Interior be in- <br />1'o;rmed of this action and his !>pproval be requested.1! <br /> <br /> <br />A copy was sent to the Regional Director of Region 4 on November 14, <br />1950. In l'esponse, he made for the first time, a study of the POWel' poten- <br />tialities, and on January 24, 1951, commu):J.icated his conclusions to the Board <br />01' Directors, proposing that the United states construct the. power plant. The <br />pl'oposal 01' Ut/lh Power III Light was subst$tiallY more advantageous to the <br />Association than that of the government, 'and accordingly by letter of <br />Febru~ 7, 1951, approval by the Secret~y of the Intel'ior 01' power develop- <br />ment by the Association was sought. By letter 01' May 9, 1951 the Secretary <br />withheld approval, saying: <br /> <br />"In view 01' the Federal construction already in place <br />and the steps that al'e being ~aken toward the completion <br />01' the project, I do not 1'eelidisposed to approve a plan <br />01' the Association to complete the construction 01' the <br />facilities necessary to gener!j.te power." <br /> <br />Directors of the Association were astonished and dismayed, and by <br />letter of June 17, 1951 renewed l'eCl.uestfor aPPl'Oval, saying: <br /> <br />tin is true the contract states that development of <br />the power possibilities by th$ Association shall be 'with <br />the approval of the Secl'etaryf; but that has always, until <br />your lettel' of May 9, been ta4ten by all concel'ned to mean <br />approval of the general natur~ of the plan of development, <br />of plant design, a determinat~on 01' consistency with use <br />of the pro.lect water supply fpr irrigation, municipal and <br />industrial uses other than power, and the possession by the <br />Association 01' means in his jl1dgm.ent adeCl.uate to the purpose. <br />There is no question in l'egal'~ to any of these mattel's and . <br />no Cl.uestion concerning them i~ l'aised by your letter. <br />i <br />"It has always been take~ as matter of course that, <br />sUbject to these considel'atio~s, approval of the Secret~ <br />would follow as 01' COUl'Se anY Association request such as <br />that made by resolution of i~s Board of Directors on <br />November 10, 1950. Cel'talnly, until recently, it has <br />nevel' been suggested by any ~ederal officer nor has it so <br />much as crossed the mind 01' liny officer of the Association <br />] <br />that approval was contingentjupon the will alone of anyone, <br />Ol' that it might be dependen~ upon Federal plans at the <br />time approval was sought." . <br /> <br />The SecI'etary again declined to approve, saying by letter 01' <br /> <br />July 3Q: <br /> <br />-22~ <br />