be very well satisfied with that provision, suggesting some slight modification; and I rather gathered the impression that he thought that that was an answer to the irrigation problem. Mr. BASHORE. I am not sure, Mr. Chairman, but I believe section 6 refers to the use of a dam or reservoir, for reclamation, that is operated under the direction of the Secretary of War. Senator OVERTON. Section 6 says: Hereafter, whenever in the opinion of the Secretary of War and the Chief of Engineers any dam and reservoir project operated under the direction of the Secretary of War can be consistently used for reclamation of arid lands, it shall be the duty of the Secretary of the Interior to prescribe regulations under existing reclamation law for the use of the storage available for such purpose, and the operation of any such project shall be in accordance with such regulations. Such rates, as the Secretary of the Interior may deemed reasonable, shall be charged for the use of said storage; the moneys received to be deposited into the Treasury to the credit of miscellaneous receipts: Provided, That this section shall not apply to any dam or reservoir heretofore constructed which supplements any existing locally operated irrigation districts. That is in respect to dams constructed by the War Department. Mr. BASHORE. While not too objectionable I prefer the language suggested in the Secretary's report on the bill. Senator OVERTON. I have no questions. Thank you, Mr. Bashore. We will recess, then until tomorrow, at 10 o'clock. (Whereupon, at 12:10 p. m., the subcommittee recessed until tomorrow, Friday, June 9, 1944, at 10 a. m.) FLOOD CONTROL FRIDAY, JUNE 9, 1944 UNITED STATES SENATE, SUBCOMMITTEE OF THE COMMITTEE ON COMMERCE, Washington, D. Č. The subcommittee met at 10 a. m., pursuant to adjournment on Thursday, June 8, 1944, in the Capitol, Senator John H. Overton (chairman of the subcommittee) presiding. Present: Senators Overton (chairman of the subcommittee), Burton, and Cordon. Present also: Senators Millikin and Robertson. Senator OVERTON (chairman of the subcommittee). The committee will come to order, please. I will ask Governor Moses and Governor Ford if they have to leave today. Governor MOSES. That is right, Senator. Senator OVERTON. Which one of you desires to appear first? Senator MILLIKIN. Mr. Chairman, a group of Senators propose to offer an amendment to the pending bill, and I wonder if it would not be a good idea to get it into the record right now. Senator OVERTON. Has the amendment been introduced into the Senate yet? Senator MILLIKIN. No. Senator OVERTON. How would it do to offer it on the floor and have it referred to the committee? Senator MILLIKIN. That would be perfectly agreeable, but we thought perhaps you would want it before you in connection with the hearing as it develops. Senator OVERTON. Suppose you read the amendment, then. How long is it? Senator MILLIKIN. A couple of pages. I believe it would be a good thing to get it into the record. Senator OVERTON. Who offers the amendment? Senator MILLIKIN. It will be sponsored initially by Senator O'Mahoney, of Wyoming; Senator Robertson, of Wyoming; Senator Johnson, of Colorado; and by myself. It is an amendment to the pending bill, H. R. 4485, and it reads as follows [reading]: In connection with the exercise of jurisdiction over the rivers of the Nation through the construction of works of improvement, for navigation or flood control, it is hereby declared to be the policy of the Congress to recognize the interests and rights of the States in determining the development of the watersheds within their borders and likewise their interests and rights in water utilization and control; to preserve and protect to the fullest possible extent established and potential uses, for all purposes, of the waters of the Nation's rivers; to facilitate the consideration of projects on a basis of comprehensive, basin-wide development; and to limit the authorization and construction of navigation works to those in which a substantial benefit to navigation will be realized therefrom and which can be operated consistently with appropriate and economic use of the waters of such rivers by other users. In conformity with this policy: (a) Plans, proposals, or reports of the Chief of Engineers, War Department, for any works of improvement for navigation or flood control not heretofore or herein authorized, shall be submitted to the Congress only upon compliance with the provisions of this paragraph (a). I emphasize at this point, Mr. Chairman, that what we are talking about now, in paragraph (a), are matters coming up in the future and which do not primarily affect matters that are before the Congress now [continuing reading]: Investigations which form the basis of any such plans, proposals, or reports shall be conducted in such a manner as to give to the affected State or States, during the course of investigations, information developed by the investigations and also opportunity for consultation regarding plans and proposals, and, to the extent deemed practicable by the Chief of Engineers, opportunity to cooperate in the investigations. If such investigations in whole or in part are concerned with the use or control of waters arising west of the ninety-seventh meridian, the Chief of Engineers shall give to the Secretary of the Interior, during the course of the investigations, information developed by the investigations and also opportunity for consultation regarding plans and proposals, and to the extent deemed practicable by the Chief of Engineers, opportunity to cooperate in the investigations. The relations of the Chief of Engineers with any State under this paragraph (a) shall be with the Governor of the State or such official or agency of the State as the Governor may designate. The term "affected State or States" shall include those in which the works or any part thereof are proposed to be located; those which in whole or part are both within the drainage basin involved and west of the ninety-seventh meridian: and such of those which are east of the ninety-seventh meridian and are within the drainage basin involved as, in the judgment of the Chief of Engineers, will be substantially affected. Such plans, proposals or reports and related investigations shall be made to the end, among other things, of facilitating the coordination of plans for the construction and operation of the proposed works with other plans involving the waters which would be used or controlled by such proposed works. Each report submitting any such plans or proposals to the Congress shall set out therein, among other things, the relationship between the plans for construction and operation of the proposed works and the plans, if any, of the affected States. The Chief of Engineers shall transmit a copy of his proposed report to each affected State, and, in case the plans or proposals covered by the report are concerned with the use or control of waters which rise in whole or in part west of the ninety-seventh meridian, to the Secretary of the Interior. Within 90 days from the date of receipt of said proposed report, the written views and recommendations of each affected State and of the Secretary of the Interior may be submitted to the Chief of Engineers. The Secretary of War shall transmit to the Congress, with such comments and recommendations as he deems appropriate, the proposed report together with the submitted views and recommendations of affected States and of the Secretary of the Interior. The letter of transmittal and its attachments shall be printed as a House or Senate document. Paragraph (b) deals primarily with matters that are proposed to be authorized in the bill before this committee [continuing reading]: (b) The authorizations contained in this act shall be subject to the provisions of this paragraph (b). If a written objection to any of such authorizations is filed with the Secretary of War within 90 days after the date of such authorization by the Governor of any affected State (as defined in paragraph (a) of this section), or by the Secretary of the Interior in case the works involve the use or control of waters arising in whole or part west of the ninety-seventh meridian, then the Chief of Engineers (1) shall give opportunity to be heard to representatives accredited by the Governor of the objecting State, and to representatives of the Secretary of the Interior if either has filed an objection in accordance with this paragraph (b); and (2) shall prepare a review report and recommendations in the light of said objections and hearings and shall transmit a copy thereof to each of such objectors. Thereupon, within 90 days from the date of receipt of said review report, the written views and recommendations of each such State and of the Secretary of the Interior may be submitted to the Chief of Engineers. The Secretary of War shall transmit to the Congress, with such comments and recommendations as he deems appropriate, the review report together with the submitted views and recommendations of such States and of the Secretary of the Interior. The letter of transmittal and its attachments shall be printed as a House or Senate document. The authorization in question, with such modifications of the plans for works as may have been recommended in the review report of the Chief of Engineers, shall be effective on the date when said document is printed, if the Secretary of War concurs in said review report and if there is no objection thereto set forth in a submission of views and recommendations made by a State or the Secretary of the Interior in accordance with the above procedure. The authorization, if objections thereto are set forth in such a submission, shall not be effective unless and until otherwise provided by subsequent act of Congress. I understand, Mr. Chairman, that there is a category of reports which have been pending before Congress for a long time and that have not been acted on by the Congress; and to cover that situation the next paragraph is provided. [Continuing reading:] Any authorization hereafter made based on a plan, proposal, or report which has been made to the Congress prior to the date of this Act but which has not been heretofore or herein authorized, shall likewise be subject to the provisions of this paragraph (b). (c) The use for navigation, in connection with the operation and maintenance of such works herein or hereafter authorized for construction, of waters arising west of the ninety-seventh meridian shall be subordinate to and shall. not adversely affect at any time the beneficial consumptive use, west of the ninety-seventh meridian, of such waters for domestic, irrigation, mining, or industrial purposes. (d) The Secretary of the Interior, in making investigations of and reports on works for irrigation and purposes incidental thereto shall, in relation to an affected State or States (as defined in paragraph (a) of this section), and to the Secretary of War be subject to the same provisions regarding investigations, plans, proposals and reports as prescribed in paragraph (a) of this section for the Chief of Engineers and the Secretary of War. In the event a submission of views and recommendations, made by an affected State or by the Secretary of War pursuant to said provisions, sets forth objections to the plans or proposals covered by the report of the Secretary of the Interior, on grounds not inconsistent with paragraph (c) of this section, the proposed works shall not be deemed authorized except upon approval by an Act of Congress; and subsection 9 (a) of the Reclamation Project Act of 1939 (53 Stat. 1187) and subsection 3 (a) of the Act of August 11, 1939 (53 Stat. 1418), as amended, are hereby amended accordingly. Senator OVERTON. You may proceed, Governor. STATEMENT OF HON. JOHN MOSES, GOVERNOR OF THE STATE OF NORTH DAKOTA Governor MOSES. My name is John Moses; I am Governor of the State of North Dakota. I am now presenting the joint statement of the Governors of Montana and North Dakota, concurred in by the Governors of Wyoming and Colorado, before the Commerce Committee of the Senate on H. R. 4485, June 9, 1944. Mr. Chairman and members of the committee, the matter of legislation affecting the water of the Missouri River and its tributaries is of such overwhelming importance to the upper-basin States of the Missouri River Valley that we feel it necessary to make an appearance |