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<br />( <br /> <br />( <br /> <br />under Section 6 of the Flood Control Act of 1944. Congressional <br /> <br /> <br />support for any such deternlination can be read from the legislative history <br /> <br /> <br />of Section 9 of the Flood Control Act of 1944, wherein it is anticipated <br /> <br /> <br />that upstream depletions will progressively limit the \rater available for <br /> <br /> <br />navigation and power generation. <br /> <br /> <br />(4) The purchase of M&I water by certain state agencies, and the' <br /> <br /> <br />agencies' subsequent l~tailine of such water iG authorized by state <br /> <br /> <br />statutes. <br /> <br /> <br />But the state, or its agencies, cannot take or license the taking <br /> <br /> <br />of water from any reservoir without adequately compensating the reservoir <br /> <br /> <br />olnner. This obligation to compensate the reservoir owner for the taking <br /> <br />of water surplus to such mnncr's needs is recognized by the Gtate ctatutes <br /> <br /> <br />ci ted on page 14. The same rule would require compensating the federal <br /> <br /> <br />government for water taken from a federal reservoir, even absent the <br /> <br /> <br />paramount authority of the federal government over navigable waters. <br /> <br />3. ~lha.t are the legal constraints on tlie use of lfJ&I water created by other <br /> <br />uses? <br /> <br />This question must be answered within the context of existing <br /> <br /> <br />plans and probabilities. Obviously, if we were to eXhaust the main- <br /> <br /> <br />stem reservoirs for l!,&I purposes, the comprehensive pIau for the PStillP <br /> <br /> <br />would be altered in a wa.y which was not contemplated by Congress. <br /> <br /> <br />Conversely, if we were to draw on only a small percentage of the total <br /> <br /> <br />flow of the HiGsouri River, the effect on other uses would be minimal, <br /> <br /> <br />and the alteration of the cooprehensive plan would be well within the <br /> <br /> <br />broad discretion of the Secretaries of the Anny and of the Interior noted <br /> <br /> <br />in Judge W. D. Murray's opinion of April 10, 1965, in United States v. <br /> <br /> <br />361.91 Acres of Land in the County of Beaverhead, l,\ont~, Civil No. 994, <br /> <br />7 <br />