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<br />., <br /> <br />Analysis of Current Issues <br />Affecting Missouri River Basin States <br />In Regard to proposed Water Supply Marketing pOlicie~ECEIVED <br />by <br />J. W. Grimes FEB041974 <br />January 27, 1974 ' <br />COlQ, WATER <br />CONSERVATION BOAR0 <br /> <br />In a joint letter dated December 13, 1973, to Mr. John W. <br />Neuberger, Chairman, Missouri River Basin commission, Mr. Jack o. <br />Horton, Assistant Secretary, Department of the Interior, and <br />Mr. Charles R. Ford, Chief, Office of Civil Functions, Department <br />of the Army, requested Mr. Neuberger to establish a regional Ad <br />HOC Committee to examine issues involving municipal and industrial <br />water marketing from the six Federal reservoirs on the Missouri <br />River. This letter posed four question answers and recommendations <br />to which were requested. <br /> <br />Representatives of the States of the Missouri River Basin <br />believe that answers to the questions posed cannot be answered <br />adequately without substantial inquiry into short and long term <br />implications and into positions of Federal agencies as expressed <br />in preliminary drafts of reports directed toward these questions. <br /> <br />In the following analysis, relationships are attempted to <br />reflect the application of law and water resources development in <br />the Missouri River Basin related to the questions and implications <br />of the above mentioned "Horton-Ford" letter. Hereinafter, these <br />questions and implications are termed current issues before the <br />States. <br /> <br />LEGAL PREMISES <br /> <br />To the extent pertinent to the issues currently before the <br />States of the Missouri River Basin, the following legal premises <br />define developed water resources law in the united States: <br /> <br />1. congress has supreme power to control the development and <br />use of the interstate and navigable streams of the United States. <br /> <br />2. Congress exercises its control of said streams through <br />legislative enactments~ some providing general policy provisions <br />governing water resources development - others authorizing federal <br />construction of structures fOr identified purposes (projects) <br />pursuant to specific as well as general policy provisions. Federal <br />funding for construction of water resources projects is accomplished <br />by Congress through separate enactments based upon authorizing <br />legislation and justifying (feasibility) analyses. <br />