DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION

GRAND JUNCTION PROJECTS OFFICE • REGION 4 P', 0, BOX t'I'ZI IN REPLY REFER TO: GJ•lOO GRAND JUNCTION. COLORADO 81!501

J ul 1 3 1967

Bill Nelson c/o Daily Sentinel 634 Main Grand Junction, Colorado 81501

Dear Bill:

Enclosed is a copy of a portion of the June 28, 1967, Congressional Record which I agreed to forward to you.

Makes mighty interesting reading and I hope you enjoy it.

Enclosure June 28, 1907 CONGRESSIONAL RECORD- HOUSE H8245 there must be some increase in State traordinary growth in some areas o! Club was a depressing blow to those who highway income in order to provide the the country. assumed that agency was immune to necessary matching funds to support a The State h ighway offi cials recom­ political machination. It leaves a stench continuing program of the magnitude m ended the establishment of an urban that increases in intensity as the general co ntempla ted. system covering improvements on arte­ public comes to realize the impropriety The highway offi cials are recommend­ rial roads and streets in the urban areas and inequity involved in making an out­ ing a modest extension of the interstate to be selected cooperatively by the States standing patriotic organization the tar­ program to provide for increasing the and t he urban areas involved. get of an absurd and malicious attack. safety and capacity of those interstate A tabulation and summary of the pro­ If anyone doubts that the routes which prove to..be overloaded and gram recommended by the State high­ was singled out for reprisal without jus­ for some limited extension of the system way officials is shown in the accompany­ tification, then he has not read "Colo­ as dictated by population shifts and ex- ing table: rado Water Lobby," by Dr. Alfred G . Etter. The article immediately raises the fabulation and summary question of why one organization among many in conflict over a public issue Approxi­ Matching Funds (in billions) 1975- 85 should be penalized for its philosophical mate ratio, difference. More than that, it demon­ System category percent of Federal­ !Dial needs State Ava ilable Required Available strates how Federal bureaucracy may Federal State State employ one of its most devious devices to ---- attack a group seeking to promote the Interstate ______------______10 90-10 $7. 04 $0. 70 $0. 53 national interest as a sacrifice to local Urban •• ------30 ~ H l 15. 65 7. 83 5. 83 organizations motivated by obviously Rural primary ______------______-- --- ______40 ~~-V· 20.87 10. 43 7. 77 Rural secondary ______~- ______: ______. __ 20 ~H-I 10. 44 5. 22 3. 87 selfish reasons. 1---1 Dr. Etter's analysis quotes me as ask­ TotaL------______------______54.00 24. 18 18.00 ing during a congressional hearing why ===I=== = Total l().year program (in billions of dollars) ______------78 ------information demanded of conservation I groups is not also req uested of opposite associations. I repeat the question, but Comparison of presentfumls (1968 fi scal year) and an average year in the proposed 10-year I do not expect ms or anyone else to program even attempt to defend its position by (Dollar amounts in billions) providing an answer. I include "Colorado Water Lobby," 1968 fiscal year Federal-a1id Average year lor 1975-85 Equiv- Compari­ from Defenders of Wildlife News, in the program period alent sion with RECORD : Category 1966 1968 COLORADO VVATER LoBBY dollars proeram Federal State Total Federal State Total (By Dr. Alfred G. Etter) ------1------1---- In early June of 1966, one d ay after the Interstate ...... ______Urban .. ______. . ______$3. 40 $0.34 $3.74 $0.70 $0. 07 $0. 77 $0.56 Wh. Sierra Club published pleas 1n the New York 0 25 0 25 0 50 ·1.56 0 78 z. 34 L 70 3.4 times. Times and the VVashlngton Post asking tor Rural primary __ ------... ___ .------0 45 0 45 , !lO 2.09 LOS 3. 14 Z. 27 2.5 times. help in the preservation of the. Grand Can­ Rural secondary ____ ------_. . . . ______. 30 . 30 .1;0 L04 . 52 1. 56 L 12 1.9 times. yon, the Internal Revenue Service informed the Club that because of its efforts to 1n­ fiuence legislation the IRS could no longer This division of f :..mds was determined Department of Transportation. It would guarantee that membership dues and gifts to by the State highway officials on the basis be reasonable to expect that these State the Club's general fund would be exempt of an inventory of our total road and transportation agencies would work in· !rom federal income tax. street improvement needs. The total esti­ Shortly thereafter, R epresentative VVayne close cooperation with the Federal De­ Aspinall of Colorado, Chairman of the House mated cost to meeL all road and street partment of Transportation in the same Committee on Interior and Insular A!Ia.inl needs is $209.59 billion on the basis of way that the State highway departments and a strong promoter of Reclamation ac­ 1966 prices. Assuming that costs will in­ have worked with the Bureau of Public tivities, defended this action. In the Grand crease at the rate of two and one-half Roads. Junction DaUy Sentinel. Asplna.ll's home­ percent per year the cost would be about Nevertheless, some State highway om- · town newspaper, he was quoted as saying $285 billion in the 1975-84 period. eials have expressed concern that State that the Club had exceeded the bounds of propriety- in Ita lobbying efforts and had Therefore, the State highway officials highway departments will not be invited made a "nasty, indecent, and ignorant at­ are proposing a Federal-aid highway pro­ to work with Federal officials in the plan­ tack . .. on the (propo5ed ) gram which would meet only about 25 nin~r of future Federal-aid highway pro­ dam.a and on reclamation generally."' percent of the total need and which grams. I am hopeful that, as time goes The Sierra Club was attacked again ln May, would leave many of the inadequacies of on, the Department of Transportation 1967, by another Coloradoan, Senator Gor­ our road and street system to be handled will fully avail itself of the expert knowl­ don Allott. Irritated by the Club's cont inued .bY the State and local governments with­ edge of the State highway adminis­ opposition to legislation that trations. - would put a dam in Grand Canyon and build out Federal assistance. five Colorado projects. Allott said he hoped The State highway officials believe that The State highway officials are cer­ the Senate Interior Committee would hold a highway development programs should tainly to be congratulated for bringing bearing "one of these days on the Sierra be based on documented highway needs this far-sighted report to the attention Club and its lobbying activities." • and upon the desires of the public. {If the Congress. In calllng for invest igation of the lobby­ ing activities of conservation groups, pro­ In addition to undertaking extensive / reclama tion forces invite similar investiga­ highway needs studies, the highway of­ COLORADO WATER LOBBY tions of their own eff<;>rts to guide water ficials h ave embarked on a $285,000 re­ legislation. The following prelimlnary study search project to determine the public's The SPEAKER pro tempore. Under of rccln.mntion prrnnntlon and lobh ::i ng In transportation pre ferences and the previous order of the House, the gentle­ Colorado h n.s t.hereforc been m :ule. T he re- factors that influence or determine these man from Pennsylva nia fMr. SAYLOR] 5Ult.s are · enlightening and shocking. They preferences. The research is being ad­ is recognized for 10 minutes. have slgnlftcnnt portent for democrncy and ministered for AASHO by the Highway Mr. SAYLOR. Mr. Speaker, from the conser vation In the United States. In July, 1966. In Glenwood Sprin g~. Colo­ Research Board of the National Academy time that the Internal Revenue Service rado, the Colorado River Wa ter ConsrrYnLlon of Sciences. It is expected tl1 a t some of first indicated that contributions to the District wns holding n. board m eeting. Mr. the findings of this research study will be Sierra Club mil-( ht no longer be consid­ Robert J ennings. District Manager for the available for the use of Congress early ered tax deductible, America was on next year. notice that a supposedly sacrosanct Fed­ '"Aspinall Hits Sierra Club Lobby The­ It is interesting to note that some of eral office was far from being above re­ tics", Grand Junction Dally Sentinel, July the State highway departments have proach and would henceforth bear care­ 6, 1966. . evolved into transportation departments ful watching. • "Angry Solon Asks Sterra Club Probe", somewhat along the lines of the Federal The IRS attitude toward the Sierra Grand Junction Da.Uy Sentinel, May 6, 1967. H8246 CONGRESSIONAL RECORD- HOUSE June 28, 1967 Bureau ot Reclamation, was telling the Board currying tavor It Ia often a very short dis­ Frying Pan River, a vast new reservoir, sold members about plana tor an annual Reclama­ tance to .becoming a servant. So It has hap­ with the srune "great recreation potential" tion "Work Session" to be held at Orand pened to many water districts. Today, the bait, Ia In the process of construction. Junction, Colorado. "Thla Ia your chance," district has become one of -the most Impor­ This example Ia just one which happens he said, "to bend the ear, so to speak, or the tant tools or the Bureau ot Reclamation, and to be convenient, but It Ia typical of the Washington people. There wlll be representa­ this agency guides and encourages specific kinds of situations that can develop under tives from the Bureau ot the Budget, Appro­ local groups to organize and press for legis­ the laws which set up these two large Water priations Committees. and Important staff or lation to authorize what the Bureau has de­ Conservation District. The power they possess the Bureau ot Reclamation. Monday, Tues­ cided are favorable projects. 7'he Federal Is absurdly out ot proportion to their pres­ day and Thursday have already been spoken Agency thm has at it3 d isposal a tax-sup­ ent n arrow vision and m otives. Using direc­ tor, but on Wednesday there would be an ported, tax-exempt, and tax-deductible lob­ tors appointed by county commissioners to opportunity !or this Boa rd to host something by·ing group, baited by the p r omise of a man a board empowered to levy taxes seems 11 It so desires." • water protect, which tt can manipulate as it an Invitation to corruption and a ref utation Mr. Jennings sat by while a motion wae sees fit~ven to t he point o! asking It to of democracy. introduced to spend $500 of the District's tax provide entertainment for Its work sessions. THE WATER CONSERVANCY DISTRICT money to provide a happy hour and dinner THE WATER CONSERVATION DISTRICT The organization ot t he smaller "Water tor the Bureau of Reclamation. The motion Theoretically, the wa~er district Is a demo­ Conservancy Districts" ls eqU!\lly undemo­ passed unanimously. cratic Institution, an arm of government. cratic. It a group o! landowners decide they Alternately, with kid gloves and subtle co­ Actually,· at least In Colorado, It Is a law ercion, the Bureau keeps Its lobbyists, the want to try for a project, and can get 25 pEl!' unto Itself, drawing Its power from the gen­ cent ot the owners of Irrigated land In the water districts ot the West, ava!lable and co­ erally held, but Incorrect, assumption that dlstrlct and 5 p_er cent of owners or non­ operative In the cause or empire. To under­ any water development 1.s good for the coun- Irrigated land to sign a petition to present stand how this symblosus has developed, It 1try. . to the District Judge, then they are well on IB necessary to go back to the beginning. There are two kinds or water districts In their way.• THE WATEB. DISTRICT-BUREAU SYMBIOSUS Colorado--the Water Conservation District The District Judge then orders a hearing The arid West Ia full o! Irrigation systems. and the Water Conservancy District. The at which any objections can be presented, In the early days these systems were small, . first Ia larger but the second Ia the more but these objections must be limited to a intruded little on other stream values, and ubiquitous. The Colorado River Water Con­ den!!U· o! the statements In the petition. It were paid tor by the people Immediately servation District, with omces at Glenwood the allegations of the petition are judged benefitted, or by stockholders who then ex­ Springs, Ia one or two s.uch districts that true, then there Is little else that can be s!Ud. pected to be paid off with dividends earned dominate water affairs In Wayne Aspinall's The only other way to stop !ormation of a trom sales o! Irrigation water. In Ideal loca­ western Colorado congressional district. The district Ia to file a protesting petition which tions, these projects could be bu1lt with every · second Is the Southwestern Colorado Water requires signatures of !rom 15 to 20 per cent assurance that they would pay out. However, Conservation District. These organ!zatlo~ of the owners o! the Irrigated land 1n the d1s­ when bolder, larger schemes were needed to design projects, acqulro water rights, coordl: tr1ct. This makes protests by non-Irrigated put extensive tracts Into cultivation, help nate planning, sign contracts, promote, lobby land owners virtually Impossible. was sought from the government. Thus, In and assist with const ruction. They enjoy It can be seen that since thE; pro-forces 1902 the Bureau o! Reclamation came Into great freedom of action. !Uways have an advantage, and are usually being, to plan and build dam.s and canals It Ia no Infrequent occurrence for a com­ well organized, the hearing Ia only a formal­ that private enterprise would not risk or munity to wake up 1n the morning to dis­ Ity, and often there Is not a single d1ssentlng could not hruidle. In order to sign a contract cover that the District has designed another voice. If the District i3 formed to dam a tor repayment with the government, and to reservoir without even consulting local plan­ trout stream, no one outside of the District manage the distribution ot the water, It was ning omctala or notifying newspapers. Re­ can effectively object to the creation of an necessary to form a responsible group. In cently the Metropolitan Sewer District o! entity with. full power t o plan and promote this way, various "water districts" (variously Aspen, Colorado, discovered that the site It the destructi on of th.at stream. called water conservation, Irrigation, or water had chosen tor a sewage disposal plant would 'Xbe District Is almost !Uways approved by conservancy districts) have been organized be under twenty feet or water 11 the Colo­ the judge. After all, It doesn't mean that the In the west. From this comparatively simple rado River Water Conservation District bad project wlll be built, but It only seem.s right and straightforward origin, these water dis­ Its way. Working quietly, the Wa~er District to give these people t he chance to ask for tricts have become Increasingly Involved 1n had obtained easements on properties which one. The decision ns to nctual authorization local and even national affairs. the Sewer District needed. All this was done ot the project Is passed on to the Bureau of While even today many or these organiza­ In spite o!, or perhaps even because of, the Reclamation and Con•:ress. There i3 thu3 tions are governed by the !rrlgatlonlsts most !act that the attorney !or the county tn no real d eterrent t o t h r formation of these directly concerned with the use ot the water, which Aspen Ia located Ia also attorney tor tax-supported, tax-excu, p t and tax-deducti ­ they are recognized a.s political subdivisions the Water Dist rict, and one or the county ble organizations, w hic h are th.en free to ot the state and have the power to levy taxes commissioners Ia on the Water District mount a campaign to ! tart influenclng legis­ on property owners within their boundaries. board. lation. At no point has the general public h ad While the statutes under which they operate This confilct of Interest Is Inherent 1n the a chance to vote on the matter. The judge Is do not !Uways say so. It has been assumed laws which set up tho t wo Conservation Dis­ the supreme authority, In the absence o! that as part o! their role in developing water tricts.• The Board or Directors consists ot what must be a very rare event, a su ccessful resour::es they have a responslblllty to one representative from each county 1n the protecting petition. promote projects. As projects have become District. These men are appointed by the The judge's Involvement Increases as time more complex and expensive and as different county commissioners, and may be, and goes on. He appoints the board of d1rf!Ctors areas of the country have begun to compete sometimes are, comrnlslsoners themselves. o! the District. Usually this means he chooses with each other tor government funds, the All too often their main qualification for the those people who were most active In pro­ districts have come to serve as lobbying or­ job Ia that they have a selfish Interest In moting the project, plus his spccl!U friends. ganizations, currying tavor with both Con­ some project. The county commissioner rep­ The judge designates the term o! office. The gress and the Bureau ot Reclamation. From resenting the Aspen area on the Water Board judge also fills all vacn.ncles and reappoint­ had not seen fit to formally advise the com­ ments. The only way or breaking Into thls • Notes taken lilt the July 19, 1966, meeting munity o! the pending reservoir, perhaps "judlc!!U empire" Is t h rough a petit ion o! at the Colorado River Conservation District because he owned downstream land Ideal 15 per cent or the q u ~ ifled voters or a dis­ Board. Minutes of this meeting refer only to for developing. trict asking for an election, but this must be the !act that the motion was passed: "Mr. Meanwhile, the County Attorney, !Ulna the done separately for each board m ember, o! Willia ms then moved that the District host Water District Attorney, defended the proj­ which there may be 15. the Reclamation people attending the pro­ ect. He proffered a "great recreational po­ EFFORTS T() CH ANGE tentln.l." • He n second by }.1r. nication with the p ('OJJI• ... 1 the senator said. Sherman , the motion was voted upon and de­ • Water Conser vation Agencies of the State clared carried." ot Colorado. 2nd Ed., 1963 . Published by Col­ • Water Conservation '<'ncles of the State Al so see "Water B o~t rd s Give Dinner Fur orn.do Water Conservation Board, Denver 3, at Colorado. 2nd Ed .. ; P u bl!shed by Colo­ Rt-cl:un ntlon Ofl1clals" In the Gmnd .Junc­ Colorado. r ado Water Conserv:>t. •!1 Board. DPilVer 3. t ion Dn.lly St> nUnel. Au gust 26. l!J 66, wh.lch 'Letter o! Rober t Deln.ney. CotlllSel !or the Colorado. st

His move was defea tPrl but this agit a tion In­ money on lobbying to obtain passage of a stated that: "The new (Juniper) Conser­ dicates that oLhcrs """ concerned that judges law that would p ut many ground-water users vancy District (on the Yampa River) wUl be seem to become lnorq nn tely involved In dis­ out of business. In order to get evidence they the entity to promote the project whlle It l.s trict alfairs and that,., nscrvancy districts are h a d gone to the office of the District and ex­ up for consideration. when It Is up for au­ not models of democ: •'Y· amined some of the minutes and treasurer's thorization by Congress, and when Congress The fact thnt the ,. "~'" or Colorado In the reports. They found Indications that large Is considering appropriations for construc­ 1966 elections voted nge t he state con- sums were being expended for "legislative ex­ tion .. . " 16 stiLuUon to lmprm , .-.e Lhod of selecUng. pense" and for "travel and entertainment." Mr. F elix Sparks, head of the Colorado retraining nnd d i~· 1,; District Judges In order to d etermine Pxactly Wh<'rc and how Water Conse1·vaUon Board states u nequivo­ indlc;\tes that the uc hn.d lost fnlth In these amounts were epent. they demanded cably that promotion of water schemes must them nnd perhnps n < »chout r enson. Under access to all S111nnnin1; voucher< end dinrlcs. be the respon slbUI ty of the various con­ the n ew sysLc m. h • ever. judges nrc ap- Their request .\' l 's refused and the D l, trlct · s ervancy c!Jstricts since the State Water Con­ pointed, and while m ny have some ad- then peUtlonc do River Basin Project ests, the records of these hearings are replete hoped to be successful. M05t of this money which provided for t hree projects In Judge with sworn d ata given by representatives of would oom.e from a mill levy on property Eakes' area, the J udge entertained Wayne the Sta te Water Board, Bureau of Reclama­ owners In the District, but Mr. Sparks also Aspinall and various subcommittee members tion, District Judges, and others. The deci­ explained that voluntary contributions were at his ranch at the expense of the Southwest­ sion, of course, went against the Intervenors received." ' ern Colorado Water Conservation District.• who were asking access to the records." Judge Cablbl himself b ad appointed the A few months later a story In the Grand Judge Ea kes then travelled to Washington at .Junction Sentinel reported that Sparks had taxpayer expense and testified before Mr. m embers of the Water Conservancy District Board and had accepted money from the Dis­ said: " ... the Dolores Water Conservancy Aspinall's Committee. and was greeted with Dlstriot would raise $10,000 and the South­ open a rms. Mr. Burton of Utah sa id, "I would trict to attend District Board meetings and dinners and a convention of the Colorado wootern Water Conservation Board would like to say that I spent a very pleasant day provide $30,000." TI1ls story was then changed with Judge Eakes as his guest for an after­ River Water Users Association In Las Vegas, Nevada. Although the Judge was asked to by one of Mr. Spark's Chief Engineers who noon a.nd an evening, and If you want to disquallfy himself as having been too Inti­ said that "the districts In southwestern catch some nice rainbow trout, go out to the Colora.do proposed to raise only $15,000." a Chairman's district and let Judge Eakes take mately Involved, he r efused to do so." Mr. Wayne Aspin a ll made the statement So many versions a! the same story, all you fishing." • originating from the Colorado Water Con­ The Judge made the following plea In favor recently: "The Sierra Club has transgressed far beyond the limits of propriety In lobby­ servation Board, suggests an effort to keep of the entire Colorado River Basin Project: the actual facts vague. C "The Southwestern Water Conservation Dis­ Ing against Marble and Bridge Canyon dams, and they should be made to pay tor such In the s3Jlle article It was announced that trict of Colorado asks the speedy and favor­ ""The Oolorado Rll.ver Water Oonservat.Aon able action of this committee on H .R . 4671 as transgressions." " Perhaps Mr. Aspinall should lnvestiga te the propriety of District District Board voted ... to contribute up amended. We support this b!ll In Its entirety to $5,000 to be used In promotion a! the because we believe It fair a.nd proper and Judges lobbying for Marble a.nd Bridge Can­ yon dams as well as other projects with the Colorado River Basin legislation In Con­ In the best Interest of the Colorado River gress." 18 Basin a.nd o! the nation." • help of tax monies. The Judge was not !ncl!ned to be modest FUNDS FOR PROMOTION On March 8, 1967, It WW'I announced thl\t concerning his efforts to lobby for water It Is abundantly clear that Conservancy " .. . five water conservancy districts &pon­ projects, though It seems that there !s some Districts, and their big sisters, the Conserva­ soring five proposed reclamation projects question as to the propriety of this activity tion Districts, are the main promotion agents that mlghlt be authorized along with the on the part of a District Judge. It !s just pos­ for Reclamation projects In Colorado. A re­ Central A'rtzona Project are coordinating sible that he might be called on to make a cent article In the Grand Junction Sentinel their plans for promotion. The districts have · decision Involving a water conservancy dis­ r atsed a total of $20,000 to date and a.nother trict a.s was District Judge S. Phll!p Cablb! f,S,OOO will probably be added to the pro­ 10 "Testimony Moves Slowly at Conservancy motion fund. A brochure will be prepared by of ?ueblo. Hearing." Pueblo Star Journal, Aug. 9, 1966. WINING AND DINING a Denver public rela.tlons firm for circula­ "Water Group Split on Lobbying Costs." Den­ tion among congressmen a.nd within t.he It just so happened that a group o! under­ ver Post, July 31, 1966. Also personal notes state of Colorado." •• ground-water users had accused the Board and recorded testimony. of the Southeastern Water Conserva.ncy Dis­ 11 Lobbying Backed at Water Hearing." trict of spending exorbitant amounts o! Pueblo Chieftain, Aug. 10, 1966. Also personal '" "Colorado, Wyoming Water Groups to notes taken at the hearing and official records Meet with BuRec," Grand Junction Dally • "Judge Ea kes Cites Role o! Lobbyists." of the hearing. Sentinel, July 13. 1966. Pueblo CWeftain, August 11, 1966. Fw:thcr a Findings of Fact, Concuslons of Law and •• "Spa rks Tes tifies Lobbying Essential to deta lls are available from the Oourt's record Order. In the Matter of Southeastern Colo­ Wl\ter Needs ." Pueblo Star Journal. Aug. 10, of the hearings, and from my personal notes rado Water Conservancy District, Civil Action 1966. "Lobbying Backed at Water Hearing." taken at the hearing, In the District Oourt, No. 40487 Dlv. B . District Court, In and For Pueblo Chieftain. Aug. 10, 1966. Pueblo, Colorado; Civil Action No. < uAsplnall Hits Sierra Club Lobby Tae· '" "Five Conservancy Districts Coordinate River Baaln Project H.R. ~71. Way . ~a. ~cs." Orand Junction Dally Sentinel, July e. Promotion Plans." Orand Junction Sentinel, 1966 (Page 1214-1223). 1966. ' March 8, 1967. H8248 CONGRESSIONAL RECORD- HOUSE June 28, i967 Some at the contusion ln these reporta It all contributed ln proportion to the Bureau .;tructlon money lnto some community, and probably etema trom the fa.ct tha.t som~ of Reclamation'• recommendations tor the to add 'one more to a surfeit of slack-water tlguree are for contributed lunda end some Doloree Project (,80,000 tor a •45,000,000 reservoirs. Some good land Is assuredly are for both contributed and budgeted tunda. project) then the lobby fund tor promoting watered ln the process, some cities and In­ TlD: PERFECr TAX ron. dams ln Orand Canyon was enriched by over dustries are provided with cheap water­ a hal!-mllllon dolllus, all tax free. It 1s doubt­ but this system permits unbridled exploita­ In an effort to ver11y that voluntary con­ ful that the total ever reached that figure, tion of both water and scenery, without tak­ tributions to water dlstrtcta could be d&­ but it would be Interesting to know. That ing account of consequences for _the future. ducted !rom the donor's Income tax return. large amounts or funds were needed Is evi­ Unlimited subsidies can destroy the very I wrote to the Secretary-Treasurer of Dolores dent from an article In the Orand Junction thing they propose to conserve. District, and he dld not reply. 'l'he Colorado Sentinel tor May 6, 1967, reporting on the re­ Water Conservn.tlon Board said they had no JUST DUES? cent Senate Hearings on Colorado River Leg­ There Ia yet another dimension to the Information on this."" Tile State of Colorado islation. The statement was made that, " ..• Department o! Revenue avoided the Issue lobby mechanism. Even In their most elfec­ a. whole battery of Colorado witnesses backed tlve moments, the water d.Jstrlcts still rep­ by saying that deductions would not be allow­ up the strong stand that Governor John A. able unless pa.ld to an agency of the Federal Love took In favor of Colorado River legis­ resent only limited areas of land and water. 11 • There Is need for a well-heeled national lob­ · government (which appears to be Incorrect) . lation."" The Bureau of Internal Revenue, without In­ bying organization. This need has not been During the May, 1966, House Interior Com­ !orgotten. The Colorado River Water Com­ dicating whether the case had ever come mittee hearings, Chairman Wayne Aspinall up, said that so long as the conservancy dis­ servatlon District pays $180 annually In dues asked David Brower of the Sierra Club: to the National Reclamation Association."' trict was recognized aa a polltical subdivi­ "How much money have you allocated in sion of the State (and it 1s so considered) This organization promotes the development; your Club to the Lower Colorado River proJ­ control, conservation, preservation and ut111- then contrtbution.s to it would be tax de­ ect as proposed in H.R. 467:1! Bbu!e January zatlon tf ~he water resources o! the 17 west­ ductible. 1965? It you do not have that Wlth you. we I asked Phlllp Smith, Secretary-Engineer ern Recfainatlon States."' It 1s theoretically will receive It !rom you for the ~d." Mr. or the Colorado River Water Conservation a ,Den-proftt educational organlzatiOD, ~at lt Brower rep!~ec1 that :be woatct- tte "Ita« • H1s 1s deeply involved In 1obbylng actlvitlea.. 'l'he Dlstrtct, the same question. reply was supply that." .. Representat111e John ~ Saylor enlightening. •A person or prtvate entity Association's annual conventions are tl!.e ot Pennsylvania then protested that 1t such time and place where anybody that t. any­ could undoubtedly assist In the promotion information were requested from conserva­ of a project sponsored by the Colorado River body in reclamation must be seen. Whlle"1t tion organizations, It should also be requested does not pay Income tax, contributions to It Water Conservation Dlstrtct or a water con­ from all the water dlstrtcts and related servancy dlstrtct. Most o! these projects ln· are not tax exempt--though when tax sup­ groups that were testifying In favor o! the ported tax-exempt organizations such as the volve the purchase o! rtghts of way. Such project. Mr. Saylor's remark was never made rights o! way could be given to the spon­ water districts contribute so generously, what a part o! the printed testimony, and no ac­ difference does it make? sortng dlstrict. In the case of some ot the tion was taken by the Chairman to imple­ major oU companies that are participating ln ment this reasonable suggestion. RECLAMATION NEEDS INVESTIGATION projects sponsored by the River District, DANGERS OJ' THE DEVELOPMENT FUND From what has been said, It 1s evident that !unda are advanced to the Dlstrtct on an an­ the sensitivity of pro-reclamation Interests nual basls, to perform precon.structlon activ­ One of the Important elements 1n the toward the lobbying eliorts of the Sierra lobby-fund picture Js the Upper Colorado ities. These activities have sufflced to demon­ Cl~b Is not altogether righteous Indignation. strate dUigence to the courts that we are River Development Fund. Congress voted to They have enjoyed an enviable lobbying po­ proceeding to put the water conditionally allow proceeds from and several sition tor many years and they do not look decreed to the beneficial uses claimed. Al­ smaller dams to accumulate in a fund which forward to an effectJ ve competition. How­ though yours 1s a question !or Internal rev­ can be drawn on for planning and construct­ ever, the nation Is maturing, scenic and nat­ enue, I am sure that the major oU companies, Ing future projects. 'l'hls has two elfects. ural values are acqu.ring greatly Increased working with the Colorado River Water Con­ First, it allows the construction ot uneco­ importance, and at t "'e same time the over­ servation Dlstrtct, are taking tax credit for nomical projects, and second, It encourages development or our water resources poses the expenditures made !or dll1gence to pre­ water districts to expCJJ.d large sums ot pro­ distinct threats. Conservation groups sucll serve Dlstrlct water rtghts." u motion money In order to obtain a subsidized as the Sierra Club, Defenders of Wildlife, While Mr. Smith did not answer the ques­ project. Colorado Open Space Coordinating Council, tion directly, he did provl!fe an insight into The Dolores project 1s a good example. the Wilderness Society, the National Audu­ the several ways by which special Interests Plans for financing this $45,000,000 project bon Society and others speak !or society In can contribute funds and obtain benefits include a $30,000,000 gift from the develop­ general and for the goOd of the earth. Their through a tax-exempt organization. Intlu- ment fund ""-over $2,000 a piece for every efforts to prepare alternatives, to examine • ence can be brought to bear at all polnts person In the Dolores basln."Is It any wonder the ecological consequences of projects, and along the llne--not only ln the Initiation of that this conservancy district might be will­ to arouse people so they become actively en­ studies of a particular project, but ln the ing to gamble a substantial amount on lob­ gaged In the detenuluatlon of the tate of actual tonn.atlon of new water districts, pur­ bying to obtain $30,000,000? Except for 11 the country deserve reward and encourage­ chase o! water rights, donations o! land, and feto technicalitie3, the development fund, for ment rather than penalty and criticism. even ln securtng passage of national water all intents and purposes, has become a source Nevertheless, the laws which prohibit the legislation. of lobby fun/U for reclamation project11. use of tax deductible funds for lnfiuenclng The water conservancy ctistrtcb of Colo­ With the '"development" o! the develop­ legislation are sound. The trouble Is, there rado have ooered. the perfect fail for tnter­ ment fund, the reclamation symbiosis ap­ are large loopholes. As we have seen, tax­ ested parlte8 to contribute tax-deductible proaches perpetual motion. The people paid deductible donations n.re being made by com­ Jun/U Jor the promotion of da771.! not only tn taxes and donated one o! the world's unlque panies and Individuals to political sllb-dlvl­ Colorado but in the Grand. Canyon. In some beauty spots to let the Bureau of Reclama­ slons such as water d istricts for the purpose cases thu lobbying htU been undertaken by tion build . Theoretically, ot Influencing leglsln. tlon and tor gaining District Judges. Ad.d to these contributed their Investment Is repaid-except that they certain private advn.ntnges. fun/U the tax-derived, tcU"-exempt fun/U never get their hands on the money. It 1s Prompt action by Congress or the Inter­ raised by the mill levy tmposea by the vari­ sunk Into the Development Fund and 1s then nal Revenue Service i.' needed to Insure that ous districts ana y01l have a · most imposing promised to various water districts so that any substantiA.! amounts o! private money, financial 3tructure. their impractical projects can be justified property, or services !) ven or used tor legis­ HcnD Much Money Have Y01l Allocated? and subsld.Jzed. Funds raised by the dlstrtcts lative lobbying and promotion o! public One o! thp reasons why Mr. Aspinall he.a from taxes and gifts are then used to pro­ projects from which t he donors will benefit been able to retain the five Colorado projects mote and lobby for the next big project-­ should be taxed, whether conservation ln the Colorado River Bu.sln Project legisla­ two big dams In Grand Canyon, which will groups or public entities are spending the tion has undoubtedly been the substantial then produce more cash for another develop­ money. The mere acto! donating money to a lobbying resources of the five conservancy ment fund, to bribe more districts. Beauty branch o! government does not chasten It. distrtcta and the two conservation districts. Is cashed In for the perpetuation of an em­ Other questions deserve close scrutiny at pire, to provide a temporary shot of con- the highest level. Are Colorado's water dis­ ""Letter, Colorado Water Conservation tricts legally constituted? Should District Judges, who appoint water district board Board. Laren D. Morrill. Engineer. Sept. 27, so "Angry Solon Asks, Sierra Club Probe.• members, partlclpal~ in lobbying activities 1966 ("' ... 1t Is suggested that you contact Orand Junction Dally Sentinel, May 6, 1967. ln behalf o! these districts? Should political the Internal Revenue Service as we have no " Statement of Jeffery Ingram, Sierra Club Information to offer In this field.") representative. Hearings Colorado River " Letter, State of Colorado Dept. ot Reve­ Basin Project H.R. 4671, May 9-13, 1966 (Page ""Minutes, Coloracl0 Plvcr Water Conserva­ nue, N. E. Copeland, Revenue Agent, Aug 24. 1492) tion District Boar<' '. lcctlng . .;uly 19, 1966 1966. ""Potential Water Resource Developments, (Philip P. Smith. :·:rc -<·tnr y-En:;.ncer). "'Letter, Colorado River Water Conserva­ Upper Colorado River Basin ln Colorado. "'Natlonn.l Rcci.• ,, m Assocl:>rion "Blue- tion Dlstrtct. PhUip P. Smith, Secretary-En­ Jnnuary, 1966. U.S. Dept. o! Interior, Bureau book", (Tl.le N a. t 1c' ..... _ {C'C l:· ·'~,l;t :..to: t Associa­ gineer, Sept. 6, 1966. ot Reclamation, Reg. 4, Salt Lake City, Utah. tion-What It Me;u.:; 1hc West). • ]'llne 28, 1967 CONGRESS ION At RECORD- HOUSE H8219 subdivisions, whose bonrd members are ap­ (c) Members of tl'" Commission shall each laws degree which had been bestowed on pointed, be p..:rmlttcd to levy taxes and then bo entitled to rooeiv" $100 per diem when an Auburn Alumnus. The 27th recipient expend them !or promotion and lobbying engaged In the p erf<~rmance o! the duties was, incidentally, another Marlne, Gen. vested In the Commission, lncluddng travel on behalf of projects that have never been Holland Mr. "Howlin' Mad" Smith, who approved by a vote or thosu taxed? Should time; and while so engaged when away !rom not water districts nnd pro-reclamation or­ their home or regular place oi business. they passed away earl!er this year. ganizations such as the National Reclamation may be allowed travel expenses, Including General Hart beg an his military career Associ a tlon be obliged to report all expen­ per diem In llcu of subsistence. ns a.uthortzed as a second lieutenant In 1917, and held ditures and contributions related to lobby­ by section 5703(b) of title 5, United States command assignments at Parris Island, Ing in the same way as the Sierra Club? Code, for persons In Government service em­ the Marine Corps schools at Quantico, If the fight to save Grnnd Canyon produces ployed Intermittently. Va., and was commanding general of the no other tangible results, It w111 have re­ (d) The Commission shall meet at the oall Fleet Marine Force in the Pacific. ,·ealed basic flaws In the mechanisms by o! the Chairman or at the call o! a majority which Americans, especially Coloradoans, of the members thereof. The four-star general received the plan and lobby tor water development, and SEC. 2. (a) The Commission sha.ll have the Navy Cross while commanding the 24th hopefully substantial Inquiries and changes power to appoint and fix the compensation Marines in the assault and capture of will follow. of such personnel, as It deems a-dvisable, Roi-Namur Island on the Kwajalein without rega.rd to the provisions o! title 5, Atoll, and the Legion of Merit for com­ United States Code, governing Aippointments manding the regiment in the battle for NATIONAL MUSEUM OF NEGRO in the oompetitive service, a.nd the provisions HISTORY or chapter 51 and subchapter III or chapter Saipan and Tan1an, Marianas Islands. 53 or such title, relating to classHlcatlon As assistant division commander during CMr. OTTINGER Cat the request of and General Schedule pay rates. the battle of Iwo Jima, General Hart was Mr. KoRNEGAY) was granted permission (b) The Commission may procure, In ae­ awarded the Order of Military M2nt to extend his remarks at this point in .cordance .vith the provisions of section 310il with Silver Star by President Rhee of the RECORD and to include extraneous ot title 6 United States Code, the temporary Korea. matter.> or lnter~ttent services of experts or con­ General Hart was one of 42 graduates Mr. OTTINGER. Mr. Speaker, I am sultants, Persons so employed shall receive of Auburn University who has risen to compensation at a rate to be fixed by the very pleased to join my distinguished the rank of general officer in our m111tary colleague from New York [Mr. ScHEUER] commission, but not In excess ot $75 per diem, Including travel time. While away services. Our Nation has lost another in introducing legislation to create a from his home or regular place of business courageous m111tary leader, patriotic commission to Investigate the establish­ In the performance of services for the Com­ American, and outstanding citizen. I ment of a national museum of Negro mission, any such person may be allowed would ask each member of the House to history. travel expenses, Including per diem In lieu Join me ln paying tribute to the memory Although we annually celebrate Negro ot subsistence, as authorized by section of General Hart. 5703(b) of title 5, United State Code, for History Week, too many Amertca.ns tend FINAL RITES SLATED FOR GEN . HART, 73 to forget the many fine contrtbut1ons persona In the Government service employed Intermittently. WASHINGTON.-Funeral services were held that have been made to this country by SEC. 3. The Commission shall conduct a today for retired four-star Marine Gen. Negro men and women. Their contrtbu­ study of all proposals for the establishment Franklin A. Hart, who died Thursday In the 'tions and achievements can be cataloged llJ ~!}@ Y'!!!t~!! §~!!~!l§ of ll M~eum C?! ~egro ~ethesda. , 1'4d., Nl'va.l l;Iosplta.l. witli ~i':!ll.b i>fld@. History and Culture and shall make a recom­ Gen. Hart, 73, a native o! Etifa tiill, was ii Of greater importance, however, is the mendation to the President and to the Con­ 1916 gra.duate of Auburn University where fact that many Negro Americans do not gress v.1th respect to the legislative enact­ he was a member or the varsity football . have a close, personal identity with their ments which would be necessary to establish ~am. · past. By affording them an opportunity such museum. Such study shall Include con­ His alma mater honored him In 1952 by alderatlon of the !ollowlng- presenting him the 28th honorary doctor ot to develop a better understanding of their (1) the advisability of establishing such laws degree to an Auburn alumnus. The 27th heritage and by providing a medium museum as part of an existing museum, recipient was the late Marine Gen. (Howlln' through which they can gain this essen­ (2) the most appropriate structure for t.he Mad) Holland Smith, a. native of Russell tial sense of identity, I bel!eve the suc­ muse\HD, Including consideration of the use County, who died last Jan. 12. cess of the vartous education, poverty, ot an existing building or the erection of a Services for the general were held In Ar­ and job opportunity programs we have building, lington National Cemetery. created to assist our minority groups '(3) location of such museum, Gen. Hart began his military career as a will be significantly heightened. _ (4) the scope of the collection to be In second lieutenant In 1917, and held command such museum and the avalla.b1llty or ma.­ assignments at Parris Island, the Marine There is certainly a wealth of matertal, terlals for such oollectlon, and Corps schools at Quantico, Va.., and was com­ documents, exhibits, and memorabl!a (5) any other factors relating to the es­ manding general of the Fleet Marine Force which could be assembled and displayed tablishment of the museum. in the Pacific. and with could be seen by all Amertcan.s SEC. 4. The Commission shall submit a The veteran general received the Navy as well as foreign visitors. I have seen comprehensive report of Its findings and Cross while commanding the 24th Marines similar displays overseas-highl!ghting recommendations to the President and to In the assault a.nd capture of Roi-Namur the activities, achievements, and con­ the Congress not later than six months after Island on the Kwaja.leln Atoll, and the Le­ tributions of a certain sector of the so­ the date of enactment of this Act. The Com­ gion of Merit for commanding the regiment In the battle tor Salpa.n and Ta.nla.n, Marl­ ciety-and know that they have been re­ IIIIsslon shall cease to exist thirty days after such report Is submitted. a.na.s Islands. ceived with great interest and en­ Gen. Hart, assistant division commander thusiasm. during the battle of Iwo Jlma., was awarded I praise Mr. SCHEUER for taking the the Order of Military Merit with Silver Star initiative in this matter and commend FINAL RITES SLATED FOR RETIRED by President Rhee of Korea.. this legislation to the attention of all our MARINE GEN. FRANKLIN A. HART In ·addition to his wife, the only other colleagues. I present herewith, !or in­