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<br />o <br /> <br />(~., <br /> <br />.... <br />N <br />~ The current Federal policy permits the extension of projects, be- <br />~ yond the limits authorized by Congress, for water supply or other con- <br />servation storage at the desire and expense of local agencies of the <br />States (Flood Control Act of 1936 as modified by Appropriation Act of <br />July 19, 1931). <br /> <br />COC:!lIIIS <br />1 Jan 5] <br /> <br />Procedure of some Federal agencies in conformity with State water <br />laws is specifically required in some cases. For example, the Reclama- <br />tion Act and the Flood Control Act of 1944 require the Bureau of Recla- <br />mation and the Corps of Engineers to proceed in conformity with State <br />laws relating to the appropriation of waters for beneficial consumptive <br />use in states lying wholly or partly west of the ninety-eighth meridian, <br /> <br />Procedure of Federal agencies in conformity with State laws, and <br />State enabling legislation providing for suitable legal entities capable <br />of entering into binding contracts, are also required in order to permit <br />some of the contractual relationships necessary in completing a project <br />or program to control the available water. Federal laws require such <br />entities, but State laws govern their creation and operation and provide <br />for their cooperation with the Federal Govermnent in pursuance of such <br />Federal laws. The states having such legislation are indicated in the <br />discussion below. <br /> <br />Indian Rights. Rights to the use of waters accruing under State <br />laws are subject to claims of right on the part of Indians under Federal <br />laws and treaties with Indian tribes, where applicable. Indian lands in <br />the Arkansas-White-Red watersheds are entirely within Oklahoma, <br /> <br />State Laws. Each state, as a sovereign, controls by cOllllllOn or stat- <br />ute law the use of water within its boundaries. The laws of the states <br />relative to the control, appropriation, and beneficial use of waters, <br />vary from the riparian doctrine in the states of Louisiana, Missouri, <br />and Arkansas to a modification of that water-use doctrine, to admit of <br />consumptive use of water for irrigation, domestic, and industrial uses <br />in the States of Texas and Oklahoma, to the absolute appropriation doc- <br />trine in effect in the States of Kansas, Colorado and New Mexico. The <br />statutes of the respective states and authoritative statements explanatol'7 <br />of such laws prepared by such states in response to requests of this <br />subcOJlllll1ttee are made a part hereof by reference, such statements having <br />been included in a subsequent chapter, This reference is also to en- <br />abling legislation of each state for the creation of legal entities with <br />powers to cooperate with Federal agencies in the development of draill8ge, <br />irrigation, domestic, power, and industrial use projects and to contract <br />obligations for repe.yment of costs of such projects in pursuance of <br />Federal statutes. A comparison of the scope of State laws is indicated <br />in the following table. <br /> <br />4-2 <br />