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<br />1055 <br /> <br />A further review of this matter would lead one to consider the relation of <br />Title III, the Federal Water Supply Act of 1958, as amended,11 to a change in <br />the basic and primary purposes heretofore ascribed to the main stem reservoirs. <br />Of particular importance to this subject and of which note should be taken is <br />the last paragraph of the Water Supply Act of 1958, as amended. It states, <br /> <br />Modifications of a reservoir project heretofore authorized, surveyed, <br />planned, or constructed to include storage as provided in subsection <br />(b) of this section which would seriously affect the purposes for <br />which the project was authorized, surveyed, planned, or constructed, <br />or which would involve major structural or operational changes shall <br />be made only upon the approval of Congress as now provided by law.~1 <br /> <br />This provision cannot be capriciously ignored by the federal agencies. The <br />State of Kansas contends that an arbitrary agreement between the Secretaries <br />for a block of storage, constitutes a modification of the purposes of the <br />project; would seriously affect other authorized purposes; and, would certainly <br />involve a major operational change. We believe the federal position as stated <br />in the position papers is a flagrant violation of Congressional authority and <br />an erosion of the legislative process. This certainly is not in keeping with <br />the oft announced position of the two Departments thst they are servants of <br />the public and carry out the wishes and desires of the public as expressed <br />through Congressional action. <br /> <br />The State of Kansas does not find supporting statutory evidence giving the <br />federal agencies authority to arbitrarily initiate a change in the so-called <br />PSMBP or the Missouri Basin program. <br /> <br />PART II - Allocation snd Costs for M&I Water Supply <br /> <br />The basic question involved with the allocation and cost for an M&I function <br />is dependent to a great extent upon the decision embodied in Part I above. <br />If the State of Kansas' position prevails, then this concern becomes moot. <br />Certainly a recognition by Congress for M&I use would undoubtedly require a <br />reanalysis of the cost allocation. As proposed by the federal task force, <br />the allocation of costs to the reservoirs would be retained in a "status quo" <br />condition and the costs for water supply developed on a negotiated basis. <br />Insofar as Kansas' interests are concerned, we feel that this approach is <br />not in accord with existing federal policy or law. If there is a valid <br />question as to the suthority for an M&I functional use, it would seem equally <br />valid to question the authority for a negotiated cost that would differ from <br />an established legislative procedure. From the information made available <br />to the states to date, we cannot concur that this right has been delegated <br />to the federal agencies. It is our position that Title III provisions apply <br />for M&I water use. <br /> <br />Part III - Disposition of Revenues <br /> <br />We note in the federal subcommittee reports that self-determined agency <br />responsibilities seem to be taking shape. We do not accept the statement that <br />the Department of the Interior is the sole proprietor of the fiscal respon- <br />sibilities for the Missouri Basin. We cannot even accept this self-appointed <br /> <br />3. <br />