WSP04477 - Laserfiche WebLink

Home Browse Search

1062 STATE OF NEBRASKA RESPONSE TO SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING ON WATER MARKETING FROM MAINSTEM MISSOURI RESERVOIRS As hereinafter indicated, the State of Nebraska still finds the proposals of the Secretaries of Army and Interior for the marketing of water from the Mainstem Reservoirs of the Missouri River to be objectionable. We do, however, feel that the proposed Supplemental Memorandum of Understanding represents some improvement over the previous memo signed on February 24, 1975. Some of the affected states are at least provided with some role in the decision-making processes which would follow adoption of that Supplemental Memorandum. Never- theless, we continue to submit that the Secretaries of Army and Interior were without authority to execute the proposed Supplemental Memorandum or similar documents. Our position in this regard can be found in detail on pages 295 through 304 of the Proceedings of the August 28, 1975 Hearing Before the Senate Subcommittee on Energy Research and Water Resources of the Committee on Interior and Insular Affairs. We recognize, however, that Nebraska's position has not been accepted by the responsible Federal agencies and in all probability will not be accepted in the future in the absence of litigation. We feel, therefore, that it is incumbent upon us to recommend appropriate modifications to the Supplemental Memorandum of Understanding on the possibility that the marketing of water will proceed in disregard of the lack of authority granted therefore. Conse- quently, we strongly recommend that the Supplemental Memorandum of UnderBtanding be modified in accordance with the following comments: (1) In paragraph number 2 of the proposed Supplemental Memorandum of Understanding, the statement is made that the Federal agencies agree to rely upon the state to market the waters for industrial uses. However, it is clear that if a state does not choose to enter into a contract with the Federal government for these purposes or cannot agree on the terms of the contract which is proposed, the Federal government may market such water directly to industrial applicants. The memorandum should be altered to provide that the Federal government will market only to the state and will market no water directly to industrial applicants. (2) We continue to find objectionable the procedure utilized in determining the amount of water which can be made available for industrial uses. To our knowledge, the states were not consulted in this regard and execution of the memorandum should be delayed until the states have been consulted and have agreed upon an amount appropriate for such purposes. (3) Although material accompanying the proposed Supplemental Memorandum of Understanding indicates that the determination was made that one million acre feet of water would be availahle for a fifty-year period, no such time limits are included within the Supplemental Memorandum itself. A date specific for termination of any contracts entered into should be included within the memorandum.