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WSP03964
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Last modified
1/26/2010 12:53:01 PM
Creation date
10/12/2006 12:03:31 AM
Metadata
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Template:
Water Supply Protection
File Number
8210.110.60
Description
Colorado River Water Users Association
Basin
Colorado Mainstem
Date
12/4/1958
Author
CRWUA
Title
Proceedings of the 15th Annual Conference
Water Supply Pro - Doc Type
Annual Report
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<br />regarded as within the exclusive jurisdiction of the State s. <br /> <br />One example, a very dramatic one, was the famous tidelands <br />episode of a decade ago, when the Department of Justice of the United States <br />asserted, and the Supreme Court of the United States agreed - though later <br />reversed by the Congress - that the Federal Government, rather than the <br />States, had "paramount rights" in the three-mile strip of water and the <br />underlying soil along the coasts of our seaboard States. <br /> <br />Another and more recent example is the so-called "Pelton Dam" <br />case wherein the Department of Justice asserted, and again the Supreme <br />Court of the United States agreed, that a licensee of the Federal Power <br />Commission could build and operate a power project on Federal lands <br />within the State of Oregon without observing the requirements of Oregon <br />law. <br /> <br />4 <br /> <br />The clear implications of this important decision of the United <br />States Supreme Court were of very great concern to everyone in the West <br />who is familiar with water development problems. It appeared from this <br />decision that the United States as a property owner was to be "above the <br />law" and not required to observe the laws and regulations of the States with <br />regard to the use of water within their borders. Furthermore, it appeared <br />that not only the agencies of the Federal Government but also their licen- <br />sees, such as the power company which obtained the license for the Pelton <br />Dam from the Federal Power Commission, would also be exempt from <br />State regulation. By this one decision it appeared that the Supreme Court <br />of the United States had greatly expanded the authority of the Federal Power <br />Commission and other Federal agencies and had greatly reduced the effec- <br />tiveness and value of local regulation of water resource development by <br />the several States. <br /> <br />The Pelton Dam decision is only three years old, having been <br />announced in 1955, but the fears which it engendered have already been <br />justified. In a very recent ruling by the United States District Court in <br />the State of Nevada, the Pelton Dam doctrine was applied to exempt the <br />United States Navy from complying with Nevada laws regulating the appro- <br />priation and use of underground waters. I refer to the well-known Haw- <br />thorne case in which a decision was announced on August 27th of this year. <br /> <br />The importance of this ruling to the State of Nevada and to all <br />other Western States cannot possibly be over-emphasized. Like many of <br />the Western States, the State of Nevada depends for its water resources <br />to a very large extent upon the conservation and careful use of its under- <br />ground water supplies. In order to utilize those underground waters to <br />the best possible advantage the State of Nevada has established, as have <br />many other States, laws and regulations controlling the drilling and opera- <br />tion of wells so that the underground water reservoirs shall be carefully <br /> <br />~ <br /> <br />~ 22 - <br />
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