Laserfiche WebLink
<br />( <br /> <br />( <br /> <br />b. Requirement for State Water Permit <br />as Prerequisite for Harketing H&I Water <br /> <br />In the preamble of the 1944 F.C.A. we find the following language, <br /> <br />" <br /> <br />. .it is declared to be the policy of the Congress to recognize the <br /> <br />interests and rights Clf tite States in determining the development of <br /> <br />the watersheds within their borders and likewise their interests and <br /> <br />rights in water utilization and control, as herein authorized to <br /> <br />preserve and protect to the fullest possible extent established and <br /> <br />potential uses, for all purposes, of the waters of the Nation's rivers". <br /> <br />In furtherance of this policy, we should follow state law and require as <br /> <br />a condition precedent that the water user entering into any contract ,<ith <br /> <br />the government for surplus l<ater have a state mIter peL-mit. Also, a <br /> <br />state water permit would be required in dealing with local interests for <br /> <br />sale of storage uuder the 1953 Hater Supply Act. <br /> <br />ConcJ.usions <br /> <br />1. The federal government has title to and control of waters <br /> <br />im:,ounded in the mainstcm reservoirs and may use or dispose of them <br /> <br />in accord;mce with the Congressional plan for the Pick-Sloan l1issouri <br /> <br />Basin Program. <br /> <br />2. Before entering into a contract for surplus water, the user <br /> <br />should be required to have a state <later permit. <br /> <br />5. Within the foregoing considerations respectj_ng interests, authorities, <br /> <br />and constraints, what is the marketing arrangement for mainsteiD reser- <br /> <br />voir water which can be legally supported? <br /> <br />a. Premises <br /> <br />In accordance with the considerations above set out, l<e believe a mar- <br /> <br />keting arrangement for mainstem reservoir water for N&I use could proceed <br />on the follm<1ng premises: <br /> <br />16 <br /> <br />I <br />I <br />! <br />i <br />I <br /> <br />I <br />