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'. '. 1053 Position of the State of Kansas Regarding the Proposed Federal-State Water Supply Marketing Policies In the Missouri River Basin April 15, 1974 On December 13, 1973, the Departments of Interior and Army submitted a request to the Chairman of the Missouri River Basin Commission for assistance and guidance in the establishment of federal policies relative to the marketing of water for municipal and industrial uses in the Missouri River Basin. As part of the Departmental requests, certain questions were posed and the area of concern limited to the six federal main stem reservoirs. In compliance with the above solicitation from the Departments, the Chairman, Missouri River Basin Commission, requested the basin states to review the basic issue presented by the Departments and to furnish pertinent comments relative to the proposed policy. It is within this context that the position of the State of Kansas is being presented. As to the suggested questions submitted by the federal Department, it would appear that they do not fully cover the basic issues and upon examination raise additional questions which we feel have not been properly considered or addressed. We feel that the basiC questions concern: (1) whether or not Congressional authority for servicing an M&I use from a main stem system has been provided; (2) whether or not the allocation and costs for such use have been established; (3) what disposition of the revenues should be made; and (4) the definition and availability of surplus water. The federal position has not included a discussion or evidence of a respect for the status of downstream interests and how they would be affected. We certainly do not agree that such a policy can be limited to only the six main stem federal reservoirs. It is our contention that the establishment of such a policy will extend beyond the main stem reservoirs, would have application basin wide, and certain national implications. We recognize that the primary concern will be these reservoirs but the policy impact would not be limited to them. In assessing this matter, we have carefully reviewed the position papers and supporting material prepared by the federsl taEkforce representatives. While we recognize the effort expended in the research conducted on the subject matter and the preparation of the answers to the questions presented by the federal Departments, we do not feel that they have adequately addressed the issue as we see them and, therefore, we cannot accept their conclusion. On the basia of the information presented in the federal position paper to date, justification for the conclusions is weak or nonexistent. Further, we feel that our queations, as noted above, have not been satisfactorily covered. PART I - Con~ressional Authority for Municipal and Industrial Water Supply It is our position that Congress has spelled out the authority which it wished exercised over the waters of the Missouri River and its tributaries. A review of S.D. 247, the basic flood control acts, specifically P.L. 78-53411 and .