Laserfiche WebLink
<br />Our authorized construction program in the Colorado River Basin is <br />nearing completion. Unless new projects are authorized in the near futlrre, <br />there will be no new construction going on within a few years. In the Upper <br />Basin as a result of cooperative efforts we have a comprehensive framework <br />upon which a multi-billion dollar program stretching over many years can <br />be based. I expect legislation to authorize a start on that program will <br />be introduced in the next session of Congress. <br /> <br />In the Lower Basin, a major stumbling block in the path of further <br />authorizations is the controversy between the States as to their respective <br />rights to Colorado River water. It is obvious that some action should be <br />taken, and soon, to resolve those differences. <br /> <br />*lflf*lflf*lflf** <br /> <br />GOVERNOR OF NEVADA <br /> <br />At the luncheon meeting on December 6, the Association was honored <br />by the presence of Charles Russell, Governor of Nevada. The Governor ad- <br />dressed the conference briefly. <br /> <br />{~{E-it-{(.-:(.-:(.*~(-*** <br /> <br />WATER LITIGATION AFFECTING FEDERAL - STATE RELATIONSHIPS <br /> <br />Gilbert F. Nelson, Deputy Attorney General of California <br /> <br />Four cases now pending in the courts contain principles upon which <br />the State and Federal Governments differ. The first case is a North Carolina <br />lawsuit just decided by an appellate court. <br /> <br />United States <br />vs <br />Federal Power <br />Oommission <br /> <br />United States Circuit <br />Court of Appeals <br />Fourth Circuit <br /> <br />191 F. 2nd 796 <br /> <br />(decided Odt. 1, 1951) <br /> <br />The Secretary of Interior petitioned to set aside an order of the <br />Federal Power Commission granting a license to the Virginia Electric Power <br />Company to construct a dam at Roanoke Rapids, North Carolina, on the Roanoke <br />River. The Secretary contended that this project was removed from the <br />licensing power of the Federal Power Commission by reason of a comprehensive <br />plan for the development of the Roanoke River Basin, approved by Congress in <br />the Flood Control Act of 1944. The court holds that the Flood Control Act <br />of 1944 places the responsibility upon the Federal Power Commission and not <br />upon the Secretary of Interior to exercise discretion in granting a license <br />to a private power company; that the Secretary of Interior must show the <br />court that he is charged with some responsibility which is being adversely <br />affected, before he has any standing to sue. <br /> <br />-11- <br />