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<br />,I' .,. <br /> <br />" <br />, <br />\. <br /> <br />( <br /> <br />In general the S!lllle purposes were provided in Il. Doc. 415, 18th Cong., <br /> <br />2d Sess. at p. 29. It was further recommended that "Hater users, rural <br /> <br />and urban . . . repay LProject cost~ in accordance with their ability <br /> <br />and benefits extended to them, . . . ." (I'd. at p. 2). <br /> <br />These recom!nendations were approved by Congress and their implernen- <br /> <br />tat ion authorized by Section 9 of the Flood Control Act of 1944. <br /> <br />STATES <br /> <br />The states have no direct authority in the operation of the main stem <br /> <br />system for the above discribed pUl~oses. However, by invitation of the <br /> <br />Division Engineer, Corps of Engineers, for the Missouri River Division <br /> <br />a representative fr'om each affected basin state serves on the Coordinating <br /> <br />Committee on Missouri River Main Stem Reservoir Operations. This committee <br /> <br />meets semi-annually to consider past and proposed reservoir opera.tions and <br /> <br />makes its reco~~endations to the Division Engineer for future op~rations. <br /> <br />2. ~fuat is the legal authority for federal and state (Montana, NebraSka, <br /> <br /> <br />North Dakota and South Dakota) sale of water for M&I use? <br /> <br />a. The Ccrps of Engineers <br /> <br />(1) Section 6 of the Flood Control Act of 1944 (33 U.S.C. ij 108; <br />58 Stat. 881, 890) provides: <br /> <br />"Sec. 6. That the Secretary of ';ar is authorized to make <br />contracts with States, municipalities, private concerns, or <br />individuals, at such prices and on such terms ns he ma.y deem <br />reasonable, for do~estic and industrial uses for surplus water <br />that may be available at any reservoir under the control of the <br />War Depart~ent: Provided, That no contracts for such water shall <br />adversely affect then existing lawful uses of such water. All <br />moneys received from such contracts shall be deposited in the <br />Treasury of the United Stntes as miscellaneous receipts. . . ." <br /> <br />2 <br /> <br />i <br />I <br />I <br />I <br />I <br />I' <br /> <br />I <br />I <br />I <br />