WSP03738

• File Number: 8410.200.60
• Description: Basin Multi-State Organizations - Missouri River Basin Commission - Reports
• Date: 1/4/1974
• Title: Technical Report of the Federal Legislation Group - Joint Federal-State Subcommittee Meeting of the Ad Hoc Committee on Water Marketing
• Water Supply Pro - Doc Type: Report/Study

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fish and wildlife, recreation and ..ater quality functions should also

improve as increased H&I reveaues are added to the ps~mr accounts.

b. State Constraintn

The state has an immediate interest in the use and transport of

all waters ..ithin its boundaries.

(1) The state must be apprised of all federal investigations

relatine to the construction of works for navigation, flood control ~~d

irrigation proposed' ,,!thin its boundaries. See Sections l(a) and l(c)

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of the Flood Control Act of 1944 (33 D.S.C. ft 701-1; 58 Stat. 887).
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(2) lfuere a federal agency proceeds under the Reclamatiou La"s,

Section 8 of the Reclamation Act of 1902 (1.3 D.S.C. g 383; 32 Stat. 388,

390) contemplates that the federal agency shall proceed in conformity

with state laws on the appropriation of water. However, state action or

inaction cannot serve to frustrate a Congressional plan for the use of

navigable waters. ~~ v. Kings River Conservation Dist., 360 F.2d 184,

198 (95h Cir. 1966).

(3) m.ere storage lirater in a federal reoervoir is sold to a non-

federal party or agency which transports it to its place of use, the state

may impose conditions on such transport and use. 2 Kinney, Irrieatio~

aod Water Rights, 1485 (2d Ed. 1912). The caveat should be noted that

state conditions on the use and tranoport of >later from federal reservoirs

cannot be more onerous than those on the use and transport of "ater from

non-fe-der"l reservoirs. Equal protection of the laws 'lOuld preclude any

such discrimination.

(4) State agencies may acquire "ater from federal reservoirs and

retail the same.

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