COLORADORIVER WATER USERS' ASSOCIATION

• ~M ,_,- '!' ·~unr--...... , r.r ~, ·- t . '\ - -. '

• •• • '

PROCEEDINGS of the T\VELFTH ANNUAL CONFERENCE COLORADO RIVER WATER USERS' ASSOCIATION LAS VEGAS, NEVADA NOVEMBER 30 & DECEMBER 1, 1955 COLORADO RIVER WATER USERS' ASSOCIATION TWELFTH ANNUAL MEETING

November 30 - December 1, 1955

The Twelith Annual Meeting of the Colorado River Water Users• Association was called to order by President Raymond Matthew at the Hotel New Frontier, Las Vegas, Nevada, Wednesday, November 30, 1955 at 9:45 AM.

The address of welcome was given by the Honorable Charles H. Russell, Governor of Nevada. Among the highlights of the warm and friendly remarks of the Governor were:

"I must congratulate your Association for its initiative and good common sense in meeting in this harmonious and unprejudiced fashion in order that, after a frank and friendly discussion of mutual problems, a course of action can be instituted that cannot fail to be of benefit to all of us.

"Our respective States share common problems in an expanding population and economy. Growth multiplies the issues at stake and makes it mandatory that we join together for an amicable solution. "

GREETING

Raymond Matthew, President

"Greetings and. a hearty welcome to the Twelfth Annual Meeting of the Colorado River Water Users' Association. It is indeed gratifying to see such a large attendance here today, and I feel sure you Will be well rewarded. We have a very fine program in store for you which has been arranged by the Program Committee under the chairmanship of our able and genial Secretary - Treasurer, Rod McMullin.

"This Association is unique in that it is the only organization in the Colorado River Basin where representative of all the States in the Basin can and do gather on a friendly basis to discuss problems of mutual interest with respect to the water supply, its uses, and developments In the Colorado River Basin in the general interest of protecting the rights of the water users and sound water resources development.

"Unfortunately there arc differences and conflicts between the various States as to the rights to the use of the waters of the Colorado River Syste.m. But here in this Association those differences are forgotten and controversy is studiously avoided. We have nothing to promote but good will and a greater friendship and understanding among the water users of the Basin. "

The following committees were appointed by the President:

RESOLUTIONS COMMITTEE: Alfred Merritt Smith, Nevada Chairman Hampton C. Godbe, Utah Gilbert F. Nelson, California AUDITING COMMITTEE: Ralph C. Durke, California Chairman equitable distribution of the developed power in the future, but first we must J. G. Buehler, Nevada get the dams under way. B. H. Mendenhall, Utah It is logical that if the federal government can afford flood control on the Mississippi River, it can also afford water resource development such as ****** ours on the Colorado. Remember that as taxpayers we provide our pro-rata Addresses delivered at the conference are summarized herewith: share of flood control, with no return on the investment, while our program definitely provides for repayment for sums expended. This is, of course, exclusive of the taxable revenue generated by development of any reclamation **** ** project.

STRATEGIC AND RARE METALS IN THE COLORADO RIVER BASIN In closing, let me emphasize that your group can be a powerful voice to Congress to provide: Senator George W. Malone of Nevada ' 1. Adequate protection and assistance for our mineral I am here today to visit with you rather than to attempt the delivery of a development. formal address. I shall also broaden the scope of my listed topic to include the items that I hold to be of major concern to our Western States. 2. Proper and clearly defined protection for our essential Water Rights. Foremost among these is the protection that our Water Rights must have if they are to survive the encroachment tactics being waged against them by 3. A comprehensive and accelerated program for the Feder al Agencies. A case in point is the withdrawal of water for Indian development of our Color~do River. Reservation purposes, exemplified by the Dakota suit. I helped organize the seventeen Western State Engineers to resist this approach and I most strongly ****** urge you to re-alert and reactivate all the efforts of this group. In addition to that, you of this Colorado River Water Users' Association should place yourself on public record, by formal resolution, as unalterably opposed to modification of CLOUDS, RAIN AND CLIMATE the plain intent of Congress as evidenced in the Desert Land Act of 1877. Dr. James E. Mc Donald There are other cases, unfortunately, that plainly warn us that Institute of Atmospheric Physics, University of Arizona nullification of the State's control over their water supplies can become a reality, unless immediate and effective action is taken toward enactment of A year ago, at the Eleventh Annual Meeting of your Association, I had Federal legislation to reaffirm the principles of States Rights control being the opportunity of describing to you in some detail the status of cloud modifica­ predominant rather than subordinate. tion techniques. I then pointed out to you that, all things considered, a scientist could only state that the case for rainmaking by any of the existing Let me next touch on a very important subject, that of our Western cloud seeding techniques was simple one of "not proved." I should like to States' development of rare and strategic minerals. As you all know, the briefly summarize the progress that has been made during the past year. United States cannot compete with foreign labor. Our scale of living makes that prohibitive. The only alternative has been a government subsidy and that Although no decisive experiments or studies have been carried through, too has its drawbacks. Tungsten, for example, through intensive and protected it is interesting to note that, in one extensive series of observations by the production, developed a surplus. University of Chicago in the Caribbean Area, the first positive indications of a cloud seeding effect in a statistically well designed experiment were obtained. On the whole, however, the appropriate legislation to encourage our Their results, obtained by water seeding, showed a positive effect , but one development of these rare metals has been fruitful. Magnesium, for example, which gave too small a net effect to be economically significant as can be seen still rates high in the essential list and warrants continued aid. That extension from the fact that the cost of the water produced by seeding was $1, 000 an acre of federal support comes up for action in the January session of Congress and foot. merits a concerted and sustained effort by all affected in the field of mineral development. The Bowen meteoritic dust hypothesis has been given an interesting new test during the past year with the results that aircraft measurements of day-to­ Next, I would like to discuss with you in a very brief fashion, the day fluctuations in the freezing nuclei count at Sydney, Australia; Hawaiian problems involved in our Colorado River development program. I will bypass Islands; and the Panama Canal Zone gave positive indications of a variation in mention of the pending suit now in the hands of the Justices of our Supreme phase with the meteoritic dust hypothesis, and one negative result in Tucson. Court. That is for them to decide. But this fact is plain, we must continue to The Bowen hypothesis is of great interest in the whole problem of seeding press for affirmative action for the building of dams on the Colorado River. because if it can be established it will be the first definite indication of a Glen and Bridge Canyon Dams are good examples. We can work out an significant natural deficit of freezing nuclei. Within the past year, a certain amount of Cvidence concerning the large rate of decay of silver iodide nucleating - 2 - - ~ - activity has been obtained by the Australians, as well as evidence that the dispersal of silver iodide smoke from ground generators is rather less efficient than had discerned. previously been suspected. In the field of synoptic climatology, a number of interesting studies have A growing amount of evidence accumulated during the past year shows that been completed and still others are in progress. It has been found that in the collision - coalescence process of the development of precipitation is important general the efficiency of removal by precipitation of the water vapor over­ in the mid-latitudes, and it now appears to be the general consensus that head in summer in Arizona is usually only from a few percent to a maximum coalescence processes may be coequal in importance with ice crystal processes of 13 percent, which is comparable to the same quantity for the Middle West. although the issue is far from settled. In brief summary of t_he progress that Very interesting is the fact that this efficiency increases almost linearly with has been made in the past year, one can say simply that there has not been any the amount of precipitable water vapor overhead. In an extremely valuable breakthrough in the field of cloud modification techniques, but progress is study by Benton at Johns Hopkins University last year, average figures for the certainly encouraging. water vapor flow over the whole continent of North America were obtained by IBM techniques applied to radiosonde data. Benton's figures showed that in With that general background, I should like to point out in a few brief the summer the flux of water vapor increases steadily from southwest to remarks the nature of the program of clous physics research and climatological northeast across the continent in such a way as to seemingly imply that irriga­ research now underway at the Institute of Atmospheric Physics of the University tion waters saved during the winter rainy season in the Southwest may be the of Arizona. There are a number of facets to our program which merit attention. source of a substantial fraction of the water vapor which is available for We are doing radar studies of cloud characteristics, photogrammetric studies of precipitation from clouds forming over Middle Western and Eastern stations. mountain clouds, studies of freezing nuclei in the atmosphere, synoptic climato­ The Institute is examining the feasibility of extending the type of studies which logical studies, and hydrologic studies. Benton used in analyzing this problem, and if carried through such studies will give valuable new information about the atmospheric water vapor budget of the In our radar studies, approximately 5, 000 thunderstorms were under Colorado River Basin. observation during the past summer by means of radar techniques. Initial analysis of about 1, 000 of these storms by Dr. Braham, Director of the Institute, In summary of the program being developed at the Institute of has revealed that the first radar echoes are appearing In these clouds very close Atmospheric Physics, it should be emphasized strongly that this program is to the freezing level, thus preventing any simple deduction as to whether the ice concerned with all aspects of weather and climate in Arizona and the Southwest crystal process or the water process is of dominant importance. Additional and has been set up to engage in fundamental research in these important analysis of aircraft observations will be needed to settle this key point. The fields. Many of its present and projected research investigations should prove radar study has indicated that only about 50 percent of all radar echoes extend valuable in the Association's long- term effort to gain deeper insight into the to the ground, which is an indication of the great loss of water due to evaporation water supply problems of the Colorado River Basin. from raindrops between the bases of the clouds and the ground in the arid Southwest. During the past summer, some 3, 500 stereo-pairs of cloud photo­ * * * * * * graphs were taken in southeastern Arizona. These are being analyzed in order to find out what peaks and what topographic features arc mainly responsible for the buildups of convective clouds which are of such importance in all of the USE OF COLORAOO RIVER WATER IN MEXICO Southwest in the summer. The University of Chicago flew an instrumented B-17 research aircraft through the cumulus clouds of southern Arizona during this James W. Stone study. During the coming winter season, the University of Chicago will operate Managing Director, Compania Industrial Jabonera del Pacifico the same B-17 in the winter stratiform clouds of the storms that enter the Mexicali B. C. , Mexico Southwest from the Pacific Ocean. This type of storm, of course, is the one which contributes the largest quantities of run-off to the principal reservoirs supplying It is a pleasure to speak to you concerning the use of Colorado River irrigation districts of the Colorado River Basin. water in Mexico, because it is such a vital component of our economy that few other factors compare in importance to it. A project to place on IBM punchcards all of the back Weather Bureau records for some 90 Arizona stations with records in excess of 30 years was The Mexicali Valley where the Colorado River water is used in Mexico begun approximately a year ago at the Institute and is now well underway. When is an extention of the Yuma and Imperial Valleys lying south of the International this punchcard program is complete, a vast amount of information on the past Boundary Line on both sides of the present river channel and reaching 55 miles weather of Arizona, as well as the few non-Arizona stations in the Southwest, south to the tide flats at the head of the Gulf of California. The Valley is will be available for rapid automatic analysis of problems in the field of meteor­ situated on the river delta which was formed by the silt carried toward the Gulf ology, climatology, agroclimatology, and hydrology. The latter studies are through the centuries. It is comprised of some 900, 000 acres of which 841, 000 going to be elaborated with the availability of daily streamflow records on IBM acres are included in our Irrigation District, and this is divided into six sections cards for the major stream gauging stations on the Salt, Tonto, Verde, and Gila for operational purposes. Rivers in Arizona. Along with a number of other hydrologic studies, an effort will be made to analyze the problem of the decline of the ratio of runoff precipita­ Mexico is using every bit of its t.reaty water and needs more, even tion that has been characteristic of the Salt River Basin of the past few decades considering the excess flow in the smu:. er months. This year, with only two in order to determ inc whether or not significant climatic influences may be short exceptions between March 15th and October 15th, not one drop of Colorado River water reached the Gulf of California. It was all used by Mexican farmers.

- 4 - - 5 - 5. Alfalfa, although competing with cotton for water use, is needed With these facts in mind, it certainly seems that Arizona's desire for a seaport for rotation and to meet growing demands for cattle feeding, near Yuma on the Colorado River cannot be fulfilled unless Mother Nature changes dairying and hog raising. her pattern of precipitation. 6. Wheat. The loss of nearly 100, 000 acres of wheat to rust in Let me describe briefly some of the highlights of our area before entering 1940 was a disaster still not forgotten. Although profitable, into more specific phases of our utilization of water from the Colorado River. farmers are reluctant to plant it.

Baja, California progressed from territorial status to statehood in the In our growth, the Mexicali Valley has already reached the point where Mexican Republic aLout three years ago with Mexicali as its capital city. lack of water is curtailing future expansion of tillable acreage, and is also Mexicali lies the from Calexico and though population growth has across border limiting the per-acre yield. Under present and future circumstances, we must been fantastic ln the State as a whole, it is especially prtidominant in the area determine methods of economically increasing production per unit of water near Mexicali. The census listed 23, 537 people in 1920 against an estimated available. 382,000 in 1955 for the State. Of the 1955 total, 124,000 reside in Mexicali proper and 76,000 in other parts of the Valley. Considerable progress has already been made with the construction of Morelos Dam, new canals, wells and drainage canals representing a total of Agriculture is the Valley's keystone and its development is governed by $34,500,000 expended in the last fifteen years. In addition, farmers along the Mexican Agrarian legislation. Under these laws, ownership in agricultural < areas river have constructed practically all those systems which are supplied from limited to 250 except cotton growing where the is acres in districts limit is pumping plants bordering the river. increased to 375 acres. In 1937 when the Agrarian Movement or expropriation of land for Ejidos (communal land groups) was carried out, it appeared that the An intensive well drilling program has been inaugurated to supplement the future was doomed, but was the beginning of rapid development. really it Colorado River water, and there are two approaches in this development: This legislation permitted expropriation of the lands of large holders by I. Individual groups of farmers have practically completed Ejidos dependent, of course, U;)On proper application and the fulfillment of 125 wells, and the estimated production is equivalent to other legal requirements. All the land open to cultivation, excepting the to 210, 000 acre feet of gravity water. colonized area, was affected because the rest of the Valley was owned by a few large landowners. Those lessees who did not enter with the Agrarian movement 2. The Federal Governmro.t has contracts for 400 more wells, moved on to the virgin soil along the and started the expansion of the Valley. river each with a capacity of 3, 200 G. P. M. Development has been rapid since then. Land opened to cultivation is now 600, 000 acres with 503,000 acres being cropped this year. It is expected that the combined development will be equal to an annual 800, 000 acre foot yield. In order for you to better evaluate our planning, our operations and our future need for water, let me list for you our diversified crop potential: In connection with the drilling program, thA Industrial Electrica Mexicana, S. A. de C. V. , has obligated itself to provide electric service to I. Cotton. Our whole agricultural development has been based 300 wells by July 1st, having budgeted $1, 800, 000 for this purpose. on it; about 95% of our present agricultural endeavor is dedicated to it; and our principal industry is geared to it. Here is some factual information that you will be interested in: No other crop that we can profitably grow provides so much work for labor such as chopping, picking, ginning, milling, 1. Underground water can only be obtained by drilling in the and shipping. It is Mexico's number one export item, and east and particularly the northeast part of the Valley on the of importance to foreign exchange. is, therefore, greatest our cone extending southwest of Yuma. Several wells have been Mexicali, incidentally, is the largest concentrated cotton drilled outside this area with unsatisfactory results. Near ginning center in the world. Yuma an adequate water supply is available, but further south it is necessary to drill deeper due to water bearing 2. Vegetables and grow well in Mexico in tho melons as as Imperial dipping downward. Valley, but import duties, border crossing and marketing gravel difficulties have hindered expansion. 2. The limited operations to date have shown no change in the static level or increased drawdown. 3. Barley offers a very limited market and, therefore, is not profitable. 3. The static water level in the wells ranges from JO to 15 feet, with the present pumping levels ranging from 30 to 4. Flax grows well, but world market prices are low and import 80 feet. permits to the United States eliminates that market. It may come back as a crop. Another problem that necessitates additional construction is to provide adequate drainage. Tho salt content of the soil is higher than in the Imperial and Yuma Valleys; however, preliminary drainage started by the farmers has - 6 - THE BIG FUTURE stopped encroachment of salt on the land. This project is now being taken over by the government and its original scope and area will be greatly expanded. In Jordan J. Crouch addition, the treaty water delivered in the winter months will function in these Vice President, First National Bank of Nevada, Reno, Nevada reclamation operations ·. Let me make clear in your minds that the things I propose to discuss with Here are some statistical notations regarding our water utilization: you today are not strictly my own nor do they reflect the off;cial thought of the institution with which I am connected. Rather the thoughts I shall present are a Water Used - Acre Feet cotrpo site of many men's experie .:ice including son e of my own and particularly influenced by an expert's opinion upon which I shall draw repeatedly. This Gravity Pumped from gentleman, Roy Wenzlick, is, to my thinking, the outstanding man in this field. Diversion River Channel Morelos and All business men, especially in this fast moving world of today, attempt Year Dam Yuma Waste Total Well Water Total Used to part the veil of the future and take a look at what is to come. To a degree we can do this if we rely upon the right sources, which I feel stron gly are the 1953 '1, 515, 378 439,585 1,954,963 30,000 1,984,963 scientific studies and analyses prepared by qualified experts in their field. 1954 1,628,061 514,230 2,142,291 70,000 2,212,291 1955 1, 468, 067 508,508 1,976,575 140,000 2, 116, 575 ' A great economist of the last century, Adam Smith, said many years ago that "the source of wealth comes from the land," and I feel strongly that that The average per acre application considering available water, cultivated remark is as true today as it was then. Let me tell you of an opportunity I acreage and 20% water loss, has been 3. 40 in 1953, 3. 58 in 1954 and 3. 36 in 1955. myself missed by lack of faith in the future and a forgetfulness of Adam's remark. This was actual usage, but for proper irrigation (using modern experimental studies as the measure) the area required 2,350,387 A. F. in 1953, 2,456,961 A. F. I lived in Los Angeles from 1933 to 1947 and in my routine work for a in 1954 and 2, 550, 096 A. F. in 1955. financial institution there, I was given the assignment of disposing of Chapman Park Hotel, which represented one of our holdings. That particular property had I hope I have managed to bring to you a better understanding of Mexico's cost $20, 000 in 1927, and believe it or not, I could not locate a buyer in 1937 who needs and what is being done with Colorado River water. I also hope you will was willing to purchase it for the price tag of $2, 000. Roy Wenzlick at about suggest to your governmental agencies who are in charge of handling the that time forecast a coming boom in real estate. I'll not bother to tell you how diversions of the river water that when excess is available, it be permitted to right be was and how many times I've personally regretted not taking advantage flow down the river at times Mexico's demands will be best supplied, so that the of his advice and Smith's aphorism. farmers can continue to prosper and progress. Not too long after that Mr. Wenzlick issued a study on "Real Estate It is doubtful with the water available under the treaty and what can be Forecast for 1943- 1954 and Future." Right now, in 1955, we can check back on developed, that there will ever be sufficient to bring under cultivation the total bis predictions and we find that he was so accurate that it's almost uncanny. tillable area in the Irrigation District, let alone the outlying lands which would And so when this gentleman states at the present time that he does not expect be equally as suitable for growing crops as similar land being farmed at this a real estate collapse in the foreseeable future, you can pretty easily guess my time in Southern California and Arizona. own reactions. I'm a believer!

Do not begrudge Mexico the use of this water. We are one of your very However, Roy Wenzlick is not the typo of economist to throw life best customers. According to the figures furnished by the Department of preservers overboard in fair weather, and so he stipulates that certain specific Commerce, the United States exported to Baja, California commodities valued activities or conditions should be closely observed in order that any change can at $75, 000, 000 in 1954. Imports through the Port of San Luis amounted to be studied as to its effect, plus or minus, upon our future. I'll mention these $2, 000, 000 according to that Custom office. These figures do not include the items that can cause change, in the very briefest fashion: pur chases made by individuals patronizing the stores along the border in Southern California and Arizona, and that amounts to thousands of dollars per I. A continuously rising market. day. 2. When arriving at an all- time peak in income per capita, a Before closing, let me make mention of the three schedules of water chance for a downward movement becomes greater than distribution for 1956, that have been furnished to the Boundary Commission and another upsurge. identified as "A," "B" and "C" Schedule "A" is Mextco•s desired distribution of the 1,500,000 acre feet of treaty water. Schedule "B" distributes the l, 700,000 3. A leveling off of profits due to taxes and general cost of acre feet available in years of adequate supply, and Schedule "C" calls for business. 1,878, 000 acre feet if excess flow is available over the treaty amounts. This last schedule is the amount needed to crop our indicated 1956 plantings. 4. World-wide commodity prices such as coffee, rubber, wheat, corn, and sugar. * * * * * * 5. Defense expenditures. - 8 - - 9 - 6. Family formations with their impact upon vital statistics. Editor's Note: Before ending my remarks for today, I'd like to present Just one set of In reviewing the notes taken during the Panel Discussion, it became statistical figures that are self-interpretive, particularly if you arc fifty or manifest that each of the participants, to some degree, overlapped, reiterated older and have a reasonably good memory. This simple illustration of Wenzlick's or paralleled the thoughts :ind materials presented. Since there was such an merely lists the fluctuating real estate values applied to an average house from unanimity of concept, later confirmed by resolution of the Colorado River Water 1913 to 1967: Users' Association as a whole, it seems logical to set forth the factual cases and data presented in a sequence and form that will cover the problem and 1913 -- $)0,000 restrict repetition, though at the cost of personalized expression so competent­ 1921 -- 7,350 ly handled by the Panel Members. 1929 -- 19,350 * * 1932 -- 10,350 1936 -- 9, 000 1951 -- 31,000 A decision of the United States Supreme Court in the case of Federal 1953 -- 28,300 Power Commission vs. State of Oregon, Fish Commission of Oregon, and 1957 - - 20,000 Oregon State Game Commission, •>romulgated June 6, 1955, and reported in 1967 -- 40,000 the Suprerr.e Court advance reports of June 20, 1955, has or may have a • far-reaching effect upon the subject here under discussion. Without a tedious That jump from 1957 to 1967? Remember this. In 1957, the number of and unnecessary recitation of the facts in that case, it was there held that, women reaching marriageable age increases drastically as the direct result of by virtue of a reservation by the United States of lands on the Deschutes River war time and war scare marriages in the past two decades. That sharpens the in Oregon, for power purposes, which reservation was made in 1910 and 1913, dcm mds for homes, cars, furniture -- the list is endless. the Government also reserved the use of the water of that stream for the same purposes, to such extent as might be necessary therefor. Hence, it was held The United States, keeping its feet on the ground, can go into a period of that there was no obligation on the part of t11e United Stales to comply with the demand and production that will make 1945-1953 seem a very moderate period of Jaws of the State of Oregon in the matter of the acquisition of the water rights prosperity. appurtenant to the power plant planned for construction on such reserved lands. In other words, as I read and analyze that decision, it means that, once there *·* * * * * is a reservation of lands by the United States for power and other purposes, there comes into existence, simultaneously with such reservation, an appropri­ ation of the water required for the purposes for wruch the reservation was made, - PANEL DISCUSSION - even the water of non-navigable streams.

STATE VERSUS FEDERAL RIGHTS TO WATER AND POWER RESOURCES Speaking of the application of the Desert Land Act of 1877 to the question presented, the Supreme Court said: Moderator: Harry Horton Imperial Irrigation District "The Desert Land Act covers 'sources of water supply on the California public lands.' The lands before us in this case are not 'public lands' but reservations . Even without that express rcstruction of the Panel Members: John B. Barnard Desert Land Act to sources of water supply on public lands, these Middle Water Conservancy Park District acts would not apply to reserved lands." Colorado It is heartening to note that Justice Douglas dissented from the Hugh A. Sharnberger conclusion reached by a majority of the Court, and pointed out, in clear State Engineer j language, the effect of the decision on all previous thinking and court rulings Nevada on the subject. He said: Hampton C. Godbe "If by mere executive action the Federal lands may be reserved and Metropolitan of Salt Lake City Waler District all the water rights appurtenant to them returned to the United Utah States, vast dislocations in the economies of the Western States may follow. For the right of withdrawal of public lands granted by the A. Riggins, J. Jr. 1910 Act is not only for •water power sites' but for a host of public Salt River Project projects irrigation, classification of lands, or other public pur­ Arizona -- poses. Federal.officials have long sought that authority . It has been consistent ]·.• :lenicd them. We should deny it again. Honorable Richard H. Robinson Certainly the U:i ted States could not appropriate the water rights Attorney General law, the . should no New MeXico in defiance of Oregon if it built dam It have greater authority when it makes a grant to a private power group." jurisdictional objections and other defenses set forth above, prays this The above quoted language of Justice Douglas, while it does not affect the Honorable Court to: decision, in so far as the project in that case is concerned, does hold out some substantial hope that at some time in the future the Supreme Court will again "Decree that the United States of America, by withdrawal order of announce the law to be that, in the matter of the appropriation of water for June 30, 1909 and subsequent orders referred to above, reserved the beneficial purposes by the United States, the laws of the affected states shall title to the following rights to the use of water in the Blue River and prevail, as against the United States itself and as f,gainst its grantees . Elliot Creek, unappropriated at that time, and that the title to these rights to the use of water now resides in the United States of America: As was said by Justice Douglas, Federal officials have long sought to establish Federal control, or better still, outright ownership by the United (a) A direct flow right to the use of 1726 cubic feet of water States of the waters of the west; and I will add my opinion that these officials per second of time. have sought and will still seek such ownership or control, without any regard for vested rights. This you may think to be a startling statement on my part, (b) A storage right to the use of 156, 545 acre feet of water lacking something in the way of support in actual fact. I am only generally at Green Mountain Reservoir on the Blue River with the familiar with what has happened in other irrigation states in that respect, but right to fill and refill that reservoir." I do have first band knowledge of what bas transpired in our own State of Colorado. It therefore seems to me that it would be wise if I should confine any statement In the same claim statement, a further demand was made by the United of fact which may be made by n:e to the State of Colorado, and let others who States, perhaps more far-reaching in its overall effect, although involving a know what they are talking about deal with the problem as it bas arisen in other much smaller amount of water . It was recited by the Government that certain states. water rights had been developed by it in connection with what is termed "Forest Service and National Park Service rights connected with Rocky At the time the Oregon decision was banded down by the Supreme Court Mountain National Park for domestic and other purposes." In connection with of the United States, there was pending in the United States District Court for these rights, the following appears in the claim statement filed by the United the District of Colorado a statutory adjudication proceeding, transferred to that States: court from the District Court of Summit County, Colorado, which proceeding involved awarding to the Green Mountain Reservoir and Power Plant on the "The United States of America makes the following claims to rights Blue River, a priority of right to the use of water for the generation of electric of the use of water by reason of withdrawals of its lands and the energy and other purposes. This is a project owned by the United States. establishment of National Forests and the Rocky Mountain National Survey of the structure was not commenced until 1935, actual construction work Park based on these presidential proclamations, executive orders, was started in 1938, and water was stored, for the first time, in 1943. Under statutory and related congressional enactments." the laws of Colorado, the earliest priority date which could be awarded to the Reservoir and Power Plant was the date of commencement of survey in Then follows a long list of withdrawals, executive orders, etc., fifteen 1935. in number, commencing with the Leadville Forest Reserve Proclamation, dated May 12, 1905, and concluding with the Roosevelt National Forest Executive Prior to the date of the Oregon decision, the United States filed a claim Order, dated March 28, 1932. statement in the Federal Court, in which a priority date of 1933 was claimed for the Green Mountain Reservoir and Power Plant. After the Oregon decision Thus the Department of Justice attempted to apply the rule which was was announced, a further claim statement was filed by the Government. In announced in the Oregon case to the unappropriated water of the Colorado River, this last claim statement, the United States asked the court to award it decrees and to claim that, as of the dates of the various withdrawal orders and proclama­ to the Green Mountain Reservoir and Power Plant in line with that decision. tions which it mentioned in Its claim statement, the Federal Government also Parts of that claim statement I quote: withdrew from appropriation by others, whatever amount of water the United States might at any time find it convenient to use in connection with any or all of "3. The United States of America made the following withdrawals j the lands withdrawn. If that rule had been applied in the case of the Green in connection with the rights to the use of water here involved: Mountain Reservoir, it would have meant that many irrigators, who have taken water from the Blue River by means of diversions accomplished since 1909, "Temporary power site withdrawal No. 32, July 30, 1909: 46 years, would have been deprived of their established and vested rights . Executive order dated July 2, 1910; power site classification No. 88 This prompted my earlier comment that in making its claims, the United States February 24, 1925; Reclamation withdrawal, September 14, 1937; bas not been and will not be concerned with vested rights . Naval Shale Oil Reserve No. l - Colorado No. l, Executive order dated December 6, 1916; Naval Shale Oil Reserve No. 3 - The issues presented by these claims which were made by the United Colorado No. 2, Executive order dated September 27, 1924." States were not determined by the Federal District Court of Colorado, except in the case of the Green Mountain Reservoir and Power Plant . A series of The Claim statement of the United States closes with the following: conferences among representatives of the United States, the cities of Denver and Colorado Springs, and the Western Slope of Colorado, resulted in a "Wherefore, the United States of America, preserving all of the

- 12 - - 1:l - settlement of a long-standing dispute between Eastern and Western Colorado. litigation we offered in evidence certain decrees which date back to the 1880s The two cities had contended that, inasmuch as their demands for water from to establish what those vested rights were, the Depart ment of Justice attorneys the Blue River were based upon domestic use, under the Constitution of the objected to their reception for the reason that the United States was not a party State, they had a right to divert the water in preference to the admittedly senior to the proceedings in which the decrees were entered, and, therefore, not bound right of the Government to impound and utilize water for the generation of by them. These objections were promptly overruled by tho Court, bul the electric energy. The rights of the United States to use water for power pur ­ important and disturbing fact is that the objections were made. In futur e water poses were of two kinds: Storage in the reservoir, and tho direct flow of the litigation involving the waters of our western states, we apprehend that similar stream. The settlement reached permitted the two cities to divert a portion contentions will be made again and insisted upon. of the water which the Government had acquired the right to use, by direct flow, for the generation of power. In arriving at the settlement, a priority In the development of Western Colorado, by the use of the water of the dale of August 1, 1935, the date of commencement of survey work on the Colorado River apportioned to us by the 1922 and t'l48 compacts, it appears reservoir project, was agreed upon and established by decree of the Federal clear that we must have lhe help of the Federal Government through the Bureau Court. It is inconceivable that any further contention will be made by the of Reclan:ation or other federal agencies. In view of our experience in the Government thal it is entitled to a priority date, in connection with this • matter of the Big Thompson projecl and in view of the fact that we have to reservoir and power plant, based upon the original withdrawal orders or fight against a determined effort on the part of the United States to subject our proclamations. vested rights to the use of water to control of the Secretary of the Interior, it is clear to us that we must be ever alert to see that we do not subject ourselves The Forest Service rights, claimed by the United States in those to the dangers inherent in either Federal ownership or Federal control of any proceedings, were withdrawn; and the question of whether or not the dates of of that water, and of the two dangers, in rr.y opinion, Federal control of water the withdrawal orders, etc., established priority dates thereof, was not is the greater. determined. Whether or not the same question will be urged in another proceeding is, of course, impossible to forecas t . My personal guess is I have not attempted to discuss the queslion of whether Federal ownership that it will be. It is my prediction that, if such a contention is made at some or control of the water of Western States is good or b:id. To me it can be future time, it will be vigorously opposed by all interested parties in nothing but bad, and there cannot be enou{;~ su;:;arcoating applied to the pill of Colorado regardless of the amount of water which may be involved in such such ownership or control to induce me to swallow it, and I think I speak for claims. the people of my State. We may divide the subject here under discussion into two parts. First * * is the question of Federal Ownership of water, and second is the Federal Control of water. We In Colorado believe that the circumstances under which our Constitution was adopted and a;Jproved by the Congress and the specific It will not be 1l,y purpose to discuss the Pelton Dam case as such but to provisions contained therein, vesting title to aJI unappropriated waters in the bring to your attention '.l. development which bas occurred in Nevada as a people of the State, will preclude any possibility that any court will hold that the result of the Suprerr.e Court decision in the case Federal Power Commission people of Colorado do not own the unappropriated water, even as against a claim vs. State of Ore gon, con. monly known as "The Pelton Dar,; Case." by the United States. Therefore, we are less concerned with the first than the second of these two phases of our subject. We cannot, however, blind our­ At Hawthorne, Nevada, there is a large Naval An: munition Depot that selves to the danger that outright federal ownership of water in Colorado will was set up sorr.e time prior to the year 1935 and the area of the land included be asserted by the United States at some future date. within the boundaries of said depot was a portion of the land ceded to the United States by Mexico in 18d8, and excepting such portions thereof that Particularly in connection with the Colorado - Big Thompson project, passed into private ownership, was treated by the United States as a proprieto1· the United States has made every effort lo establish the right of the Secretary of public lands until th<) establishment of the depot. Upon admission of Nevada of the Interior to determine the times and amounts of releases of water from into the Union in 1864, the United States neither by Act of Congress or by Granby Reservoir to r, ect senior, vested irrigation rights, thus in effect, stipulation then, nor by any applicable Act of Congress thereafler, reserved accomplishing Federal control of even the water of appropriators senior to I any jurisdiction ousting the jurisdiction of the applicable law of the state the rights of the United States. We were successful in eliminating from any pertaining to the ownership and the use of the waters thereof including the decree which may be entered in the Federal Court any such authority. Whether a rea comprising said depot. a similar contention will be made later in some other proceedings and in some other Court, we have no way of knowing. At the time the depot was established, and during the subsequent years, some water rights from surface streams on the Mt. Grant watershed were Representing vested interests in the Upper Colorado River Basin, obtained by appropriation under state law and others by purchase of existing meaning that area above Gore Canyon in Grand County, we recently spent rights. Some time prior to 1950 it became evident that an additional water ten days in presenting evidence to the Federal Court for the purpose of supply was needed. Six wells were drilled on the depot and subsequently applic­ deterrr.ining and clarifying the rights and obligations of the Uniled States ations to appropriate water from these six wells were filed with the State in the operation of the Colorado - Big Thompson project. When in that Engineer. The State Engineer granted permits to appropriate water and under the provisions of said permits provided that proofs of comir.encomcnl of work, corr.pletion of work and beneficial use were to be filed prior to specific dates

- 14 - unless such dates were advanced by virtue of extensions of time. Pumps were On September 12. 1955, the Navy Department, through the Commanding installed on t ,e wells by the Navy and subsequent to that period, up to and Officer at Hawthorne, acknowledged receipt of said Order and advised it was including the present time, water is being diverted from these wells for being sent to the Chief, Bureau of Yards and Docks, Navy Department, beneficial comsumptive use. In 1950 proofs of commencement of work and Washington D. C. , and to the Commandant, Twelfth Naval District at completion of work were filed under said permits. Application for extensions San Francisco. of time within which to file proofs of beneficial use were filed by the U. S. Naval Ammunition Depot and by virtue of the latest filing proofs of beneficial Nothing further has been heard from the Navy Department and the Attorney use were due July 27, 1955. On said date said proofs not having been filed, General of Nevada will very shortly file a complaint for Declaratory Judgment and pursuant to law, the State Engineer sent notice by registered mail to the in the Fifth Judicial District Court of the State of Nevada in and for the County depot stating therein that unless said proofs were filed within thirty days of of Mineral. The action is being brought in a State District Court pursuant to said date, the permits would be cancelled . The U. S. Naval Ammunition Section 208, 66 U. S. Statutes, 560 Title 2, approved July 10, 1952. The issues Depot, by a previous letter dated July 25, 1955, stated as follows: which are involved are very serious.

"This is to advise your office that the applications for water rights , In Nevada approximately 85% of the State's area belongs to the Federal with regard to the wells are being dropped and no continuing action Government. Many millions of acres of land are reserved for National Forests, is expected. This action is a result of instructions from the National Parks, Army and Navy Reserves, and others. The implications can Commandant, Twelfth Naval District who in turn has based his easily be seen. In the Las Vegas basin, where the ground-water condition is decision on a recent rule of the U. s. Supreme Court (Federal Power very critical, we are, pursuant to ground-water law, curtailing to son\e extent Commission vs. State of Oregon). the development of ground-water. Here the Air Force has a large reserve appurtenant to and including the Nellis Air Field, which is within the Las Vegas "All of the wells on this Depot are located on reserved lands, that is, Basin. The Air Force presently receives its water supply from wells and in public lands which were withdrawn and reserved for the use of the this instance the state watel· laws have been complied with and certificates of Navy Department by executive orders." appropriation have been issued. However, if the Air Force were to assume the same policy as the Navy, they could further deplete the basin without any On August 5th I replied to said letter in part stated as follows: regard to State water laws.

"Please be advised that if these permits are cancelled August 27, 1955 Unless the Congress now legislates to safeguard the rights of the states then any diversion from said wells after that date will be illegal and and to insure that their rights shall not be imperiled by Federal control, such contrary to the water law of this State. Further, and upon the advice state control by process of attrition from case to case will be lost. We are very of Attorney General Harvey Dickerson, should the Depot make such much in agreement with the objectives of the bill of Senator Barrett of Wyoming illegal di versions the State of Nevada will take the matter into introduced in the last session of Congress, being Senate Bill 863 entitled Court." ''Water Rights Settlement Act of 1956." We believe, however, that the bill should be amended to include ground- water. On August 15th ,ny ld,.i.- received a reply and I was advised that the decision to drop the permits was the result of instructions originati,.J from Both the Association of Western State Engineers and the National Reclam­ the Chief of Yards and Docks, Navy Department, who in turn had based his ation Associatipn by re cent resolutions took action on this important problem . decision on the recent ruling of the .Supreme Court (Federal Power Commission The resolving clauses of Resolution No. 3, adopted at Lincoln, Nebraska by the vs. State of Oregon, 349 U. S. 435). National Reclamation Association, October 26, 1955, reads as follows:

Acting on the advice of Harvey Dickerson, Attorney General of Nevada, "NOW, THEREFORE, BE IT RESOLVED, by the National Reclamation I issued an Order to the Navy Department dated September 7, 1955. In addition Association that the Congress be urged to pass legislation to the to cancelling said permits, the Order io part stated as follows: effect that within the States lying wholly or partly west of the 98th Meridian and subject to water rights heretofore established in their "That the rule laid down in the cited Supreme Court Case is not \ respective States, all navigable and non-navigable waters together applicable to the use of ground-water in Nevada and for that reason with underground water be reserved for beneficial use pursuant to the ground-water Jaws of this State apply to the instant case. State Laws, and

" It is therefore the opinion of the State Engineer that the use of ground­ "BE IT FURTHER RESOLVED, that federal agencies, permittees, water from said wells without permits to appropriate water is contrary licensees, and employees of the Federal Government, in seeking the to the laws of this State and any such use thereof is an illegal use. use of water for any purpose in connection with Federal programs, projects, activities, licenses, or permits, shall, as a condition "It is hereby the Order of the State Engineer that unless steps be taken precedent to the use of any such water, acquire rights to the use within thirty (30) days from the date of this Order to reinstate said thereof in conformity with State laws and procedures relating to the permits, either by filing proofs of beneficial use or filing applications control, appropriation, use or distribution of such water. " for extension of time within which to file said proofs, that the use of water from said wells cease."

- 17 - In conclusion, and in view of the decision of the Supreme Court in the so-called "Pelton Dam Case" and the effect that it may have as a precedent become too confused in government circles by the participation on our side of our in future cases dealing with water, we cannot rest upon the assumption that when friend and predecessor in the operation of the Salt River Project, the Bureau of questions of Federal Governn:ent ownership of water arises, that it will be Reclrur.ation. dismissed with a statement by the Court that it only assumes arguendo that the United States owns the unappropriated water. When the battle takes pl:lce, I an, sure the Secretary of the Interior will fully reco.,mize the in-,plications of that old saying about "ca rryin g water on both * * shoulders. " Although we have other water problems with certain agencies of the There has been Indian trouble in Arizona for a long, long tin,e ! Federal government, the Indian problem as a potential source of trouble dwarfs all others and for that reason I shall confine my re r:::arks to that problen, . The journeys of the conquistadores throught the southwest were not exactly "good will" tours! Coronado, in search of the seven cities of Cibola, In order to define the problem and bring it into proper perspective, I am came as a conqueror, not as a friend. In this he met rcsistanc.-e which has • forced to toss out a few statistics. First, I want you to know the relative amounts continued through the centuries in one form or another. In lhe 1700s the •• of government lands, Indian lands and state and privately owned lands in Arizona . Spanish ndssions in Southern Arizona were looted and burned and their Second, you should know how rr,any Indians we're fighting and what some of their personnel n ,assacred by tile Indians. In the 1r:iddle 1800s, English speaking, claLns are. Third, you should know how our problem corr.pares with the Indian adventurers, trades, 1:::iners and settlers were r,,urdcrcd, their possessions problem of your own and other states. Fourth, you should know that we're not stolen or burned and their wives and children slaughtered or !ddnapped. talking about a minor problem either in our State or yours.

Those of you who were born and raised in the west lmo.v the stories of 1. In Arizona, l out of 9 persons is an Indian. the Indian wars. But those of us who were roised in Arizona in tnc last half In the United States, l out of 440 is an Indian. century have grown up gi vin~ less and less thought to the significance :md Ms­ In New Mexico, l out of 16 is an Indian. tory of commonplace na~;,es like Ft. Iiuaehuca, .n. Tho.11as, Ft. Mc.:Dowell, In Colorado, 1 out of 87 is an Indian. Ft. Whipple, Ft. Grant, Ft. Apache, F't. Mohave, Ft. Defiance, Ca.-r.p Verde In California, l out of 531 is an Indian. and a host of other si1 r ilar places w!:J.cre the history of Arizona was n·.ade -­ if not written. 2. Sorr·e 86, 620 Indians or 2J. 2%of the total 343, 000 Indians in the United States live in and are citizens of the State At these places, even after the establishn-.ent of large Indian reserva ­ of Arizona. 47. :5%of all Indians live in the 7 states of tions and alr.•osl up to the time of Statehood, there were stationed lar:;e nu:-i·,bers the Colorado River Basin. of United States Cavalry rr. en whose sole purpose was to contrnl the Indians and I pt·otect the non- Indian settlers who were then being encouraged by t!:J.eGovernment 3. There are 56, 000, 000 acres of Indian lands in the United to settle upon, reclaim, and irrigate the land. States --- 19, 000, 000 acres of tnese lands are in Arizona. They represent 27% of the total area of Arizona. Today the Cavalry has i;one, and in its place has come another United States "Ar1r.y" which I'm sure must outnu,,.ber the Cavalry, with a different 4. Over 72% of all land in Arizona is Federally owned or philosophy and a different purpose for its existence. This so-called Army of controlled. Federal err.ployees are career people in the United States Indian Service. The avowed purpose of a large number of that group is to "accept a return" of the 5. Indians own ahr,ost as much lands as the State and all properties which they clai n, have been held "in trust" by the non-Indians and the private individuals put together. government through these ,nany years. They openly clai r., that the water users • on the non- Indian lands arc using the waters of western streams only through 6. There arc 15 tribes and 20 different reservations. These suffcrence or with permission of the Indians and arc obligated to cease and v arc located in 11 of Arizona's 14 countit!S. desist such use when the Indian Service is ready to proceed with agricultural or other development on the reservations or, for that matter, on any lands 7. In 1954 Indians claim they irrigated 66, 000 acres in which the Indians may own or may acquire! Arizona. The Indian Service conteir.plates eventually irrigation of almost 260, 000 acres. Yes, we've had Indian troubles in Arizona for a long, long time, but the coming Indian "wars" will surpass all previous ones as they relate to the Let ,i,e tell you of a few of the specific problen-,s which certain individuals general economy of Arizona. in '.he United States Indian Service have ci·eat.cd, are fostering and all of which conflict with established Slate law and arc detrimental to the economic stability ~ a rent en;;~cdin a preliminary skirmishing. The battle lines arc of tbe :i.rea. drawn with the Indians supported by their able ally, the U. S . .Bureau of Indian Affairs on one side, the Salt River Project and other organized irrigation First, let rne •c:cntion a problen , with which my own or~ani7.ation is not districts and reclamation projects on the other. We trust the situation will not ,1u,v .Ji,·cclly involve,i, but wifa wbich we will be ir,~mediately if the (ru1i~n

- 18 - - 19 - Service is successful in its efforts. I rcfet• to the pumping of water fro m the Service, on behalf of the reservation, proceeded to clear and level areas which underground in Central Arizona. As you may or may not know, legislation has had never been irrigated. After notifying them to forego any diversions for been adopted in Arizona to regulate the withdrawal of underground waters. The these new lands, we received a letter from a lawyer connected with the Indian legislation contains an exl)ress prohibition against drilling and pumping from Service, advising us that be could not agree with our theory that the Arizona law irrigation wells in certain "critical" areas. applied to the Indians, and "particularly where, as here, the United States holds whatever rights they have as Trustee." On the San Carlos Indian Reservation in Pinal County, Indian lands have been leased to non-Indian operators and these operators are presently engaged If the theory advanced in this instance stands up it means that the Indians in the drilling of wells to irrigate lands not previously irrigated. The area has are authorized to divert from any stream for use on any land which they can have been declared "critical" by the State Land Department. placed in Indian ownership. The Implications and results of this are obvious and far-reaching. The Indian Service contends that these new lands may be brought into cultivation by the application of underground water, inasmuch as the laws of Before closing, let me touch briefly on a non-controversial aspect of a the State of Arizona :lo not apply to Indians or Indian lands. Immediately subject which is normally forbidden at the meetings of this Association. The adjacent to the reservation, on privately owned lands, non- Indians are 1 thing which strikes all participants in this organization at their first attendance prevented by State law from drilling. Unfortunately, the Indians and those who is the startling fact that the Colorado River Water Users' Association carefully look after their affairs ask for the advantages of citizenship but refuse the cl refrains from discussing or mentioning the Colorado River. burdens which accompany citizenship. From the Salt and Verde Rivers from which the Salt River Project ob­ Next, I should like to point out another Indian rese nat i .,.i which is tains its water -- and the waters of which were long ago fully appropriated-­ located in the heart of the watershed of the Salt River Proj ect. I refer to the the Government in its Petition to Intervene in the Arizona-California case Apache Reservation located in the White Mountain area. It was established as indicates an increase ultimate usage by the Indians of some 25, 000 acre feet. a reservation in 1871. Jn 1950, it had a population of 3,641. It includes 1,664,872 acres within its boundaries, 725 acres of which were irrigated in If successful, this water can only come from one source, and that is 1954. The Indians claim an ultimate future irrigated area of 6, 000 acres, and the Salt River Project. clai m that they are entitled to 30, 000 acre feet from already appropriated mountain streams. Of interest to the two principal litiga'lts in this River battle is the Government's proposed increased Indian divc:sions for Indian lands in both The Salt River Project has been advised of the Indians' plans to reclaim States. They allege a present Indian usage in these two States of 747, 170 acre 5, 000 acres and irrigate it within the next few years. The land which they refer feet annually, which itself is ra ther startling. But more startling is the figure to has never before been irrigated, nor have these Fort Apache Indians serious ­ indicating ultimate Indian uses in the two States of California and Arizona of ly used water of the Gila systen : to irrigate any lands. To the best of my 1, 747,250 acre feet, or an overall increase of Indian use of Colorado River knowledge, there exists no treaty by which they might lay claim to the waters water (both main stream and otherwise) of about 1, 000, 000 acre feet. It may of these rivers and streams as was done in the Winters Case. Their claim is be that the two States will be required to forget their differences in order to based purely on their alleged "immemorial rights" as Indians. defend against the Indians!

Another group of Apache Indians lives on the Fort McDowell Reservation Well, those are just a few of the Indian problems which Uncle Sam has which is a small reservation on the Verde River immediately below two of the hatched out for those of us who live in Arizona. There are more in existence storage reservoirs of the Salt River Project. These reservation lands have an and more in the making. The problem is not academic . It is real and we now old and valid water right from the Verde River . In this instance, however, we have it to solve if we propose to keep our present agricultural economy intact. have a new and different claim for the Indians. Norn:ally the Indians claim more water than they have used or appropriated in the past in order to bring more lands } The Pelton Dam case gave our enemies courage and hope, although it under cultivation. In many instances, this is done so the Indians can lease their was far from being a key to unlock our reservoirs. I am sure they'll refer to land to non-Indian farmers. However, in this stance, believe it or not, the it with as wide a margin of error and as frequently as they have the Winters Fort McDo~vell Indians are negotiating to return their lands to desert by case. separating the water from the land and selling it to a private non- Indian water company across the n:ountain from them in a presently desert area! ' I believe we all agree with Justice Douglas who made this statement in his dissenting opinion in the Pelton Dam Case: Another small Indian reservation farther up the Verde River has recently adopted the theory that as Indians they are entitled to unlimited water supplies "In the West, the United States owns a vast amount of land, in some from rivers already completely appropriated by others. These Indians reside States over 50 percent of all the land. If by mere executive action the in the area of Camp Verde in Yavapai County. The Indian Service, on behalf of Federal lands may be reserved and all the water rights appurtenant the reservation, purchased lands in U1e area which were originally homesteaded to them returned to the United States, vast dislocations in the and patented by non- Indian settlers. Part of the land which was purchased had economies of the Western States rr,ay follow. * * * * Federal officials a valid and existing water right. Another part had not wate1· right. The Indian have long sought that authority. It has been consistently denied them.

- :lO - - 21 - We should deny it again. * • * *" Article 10 (a) provides an annual guaranteed delivery of 1, 500, 000 acre feet of the Colorado River's water to MeXico. This water is delivered pursuant The Federal officials he speaks of are like those referred to in the recent to Article 15 and in accordance with schedules presented by the Mexican Section case of United States vs. Ahtanum Irrigation District 124 F. Supp. 818. In that of the Commission. The n,echanics of releasing the water are handled by the case a Washington Federal District Court ruled against the government's con­ Bureau of Reclamation through carefully scheduled releases from Davis Dam. tention and in a later supplemental opinion stated: In addition to the guaranteed quantity, Article 10 (b) allots to Mexico any "The lawyers for the government den and clarification of the original other flow of the Colorado River arriving at Mexican points of diversion and it is opinion, pointing to some minor errors which have now been corrected. estimated that this additional amount in 1955 will equal 1, 600, 000 acre feet, Throughout this case, these lawyers have been driven by a blind This type of water comprises unscheduled releases in excess of the irrigation obsession that they could turn tbe clock back for one hundred years and needs of the United States. For the period 1950-1954 jnclusive, the mean annual take away from owners of land patented to then, by the United States a n,ount received by Mexico was 4, 170, 000 acre feet. vested rights appurtenant to each parcel under the law of the State without compensation. Article 10 (b) also provides that in years of surplus water, the United States will undertake to deliver additional scheduled waters, not to exceed "* * * If the lawyers for the government persist in the recalcitrant 1, 700, 000 acre feet a year . This was done in 1951, 1952, 1953 and 1954 but this attitude and policy of obstruction which has been adopted all through year of 1955 precluded deli very of such quantities due to limited storage and a the case, the complaint will be dismissed for want of prosecution." continued drought condition over the Colorado River Basin,

In conclusion, I can only say that the problem is basically simple, yet In measuring and accounting for deliveries of water from the Colorado the solution is difficult. The problem is as simple as this: to Mexico we use the requirements set forth in Article 12 (d) of the Tre:ity. Under provisions of this Article the Commission installed, operates, and First, the Indians objected to being "second class" citizens. They maintains a gauging station at the head o( the boundary section of the river, demanded and were given the right to vote in Arizona. This did not completely lcnown as the Northerly Boundary Station, where about 99% of the total water satisfy them and they demanded the right to drink spiritous liquors. This, too, allotted to Mexico passes. Other gauging stations provide proper and adequate was given ther,, so they could become "first class" citil!'.ens. Now it appears measurements at all other points having any contributing influence on the total they did not desire to be just "first class" citize~s, but wanted a "triple A Treaty water commitments. type" of citizenship which would grant them all the benefits flowing from the State and local governments, but would not impose upon them the burden of Under the terms of Article 12 (a), Mexico constructed al its own expense assuming the accompanying responsibilities. and place j in operation in November of 1950, the Morelos Diversion Dar,, on the Colorado River. It is the main diver sion structure on the River ant! is located The solution on the other hand is not simple. It is becoming increasin ::;Iy in the boundary section about seven miles downstream from Yuffa, Arizona. difficult and the problem undoubtedly will remain with us in one form or another The operation and maintenance of Morelos D.rn, is carried out under rules and as long as there exists a shortage of water in our Western States. The battle regul ations prescribed by the Comrnission which arc approved by the two for water never ends .• Governments and are r.:utua lly satisfactory to both countries. ****** In conjunction with the bullding o( Morelos Dam was the rehabilitation in mu .::nd 1952 of the Yurr,a Valley levees above the structure. Mexico has an obligation in this wor1c as Article 12 (a) requires that she pay the cost of levee ACTIVITIES OF THE INTERNATIONAL BOUNDARY work rr.ade necessary by erection of the Dam. Mexico has already paid a AND WATER COMMISSION portion of such cost and the two Sections of the Commission arc not negotiating the final liquidation of the :iroject. Mexico is also obligated to pay a part of Colonel L. H. Hewitt, Commissioner the operation and maintenance of the levees and this dcterm ii.a ti on is also in International Boundary and Water Commission the negotiation stage. United States and Mexico United States Section, El Paso, Texas The Yuma levee sy:;te11. is designated for protection only to a degree that will be wholly adequate when Painted Hock Dam and Reservoir Project on the The activities of the International Boundary and Water Con·mission are Gila River is completed. Congress has approved funds for the start of this confined to tl;?se engineering problems which arise along the boundary and which construction and the Corps of Engineers will complete this vital installation. are detern,iaed by the two Governments to re qui re joint action through the Commission. The Commission's responsibilities relating to the Colorado River Flood control problems will not be elirr,inatcd entirely, even after restricted almost wholly to carrying out the pertinent terms of the 1944 are completion of the Painted Rock Project. Included in toe Treaty, Article 13 pro­ Water Treaty between the United States and Mexico. Therefore, I can best vides for study and preparation of plans for future flood control between detail our actions by referring to articles of the Treaty and outlining for you Imperial Dam and the Gulf of California, The flood problem on the the more important developn.ents durinu_ the past year. priu.a ry delta is that, incident to the reduction in norr;.al flows in the delta, the channel of the river will probably diminish in capacity Jue to siltation and encroachment

- 22 - - 23 - by vegetation to the point that even infrequent floods may cause serious damage in both countries. INCREASING ACTIVITIES OF THE CORPS OF ENGINEERS IN THE COLORADO RIVER BASIN Rectification of the lower Colorado River channel has been under consideration for some years and, in 1955, the Commission tentatively selected Colonel Arthur H. Frye, Jr. the location and design to carry the usual flows. The location is generally along District Engineer, Los Angeles District the course of the present river. A channel capacity of 30,000 second feet has Corps of Engineers, U. S. Army been proposed. In addition, general agreement was reached to provide a separate floodway located along the easterly edge of the delta to carry flood For some years it has all too frequently been the Corps of Engineers' flows. Continuing joint studies and investigations are being made to provide misfortune to have to discuss with you a program too long delayed because necessary data. of world conditions beyond our control. The national defense buildup necessitated an emphasis on our part toward mifitary construction rather In addition to these activities, others that I am sure you will be than civil works in the Colorado River Basin. interested in, although they lie outside the watershed of the Colorado River, are types of projects between El Paso, Texas, and the Pacific Ocean and Gradually the situation has improved. Last year we reported some consist of: measure of progress and this year's report, although still far short of our mutual goal, gives promise of accelerated progress in the future. I. Douglas, Arizona - Agua Prieta, Sonora, Sanitation Project. Negotiations with Mexico are being carried on to determine Since completion of the levee at Holbrook, Arizona in 1948, we have what part of operational costs will be assumed by the been unable to report the actual construction of a civil works project in the Mexican Government . Colorado River Basin. The picture is now changing and 1955 brought funds for initiating construction on two Basin projects; 2. Nogales Flood Control Project. Complete except for minor improvement work which will be accomplishE.d J urin:; the l. Trilby Wash detention basin and outlet channel in the first part of the coming year. lower Agua Fria River area near Phoenix.

3. Nogales, Arizona - Nogales, Sonora, Sanitation Project. 2. Painted Rock Daro on the Gila River. Similar in status to Douglas - Sonora Plant. Before your Association meets again next year, we plan to complete 4. Santa Cruz River . This river rises in the United States, the construction of the $1, 800, 000 Trilby Wash program on which construction flows into Mexico, then reverses its course to flow back has been under way since early this Fall of 1955. This project will provide into the United States near Nogales, Arizona. The protection not only for military installations in the area but also for the Commission has been authorized by the two Governments towns of Goodyear, Litchfield Park and Avondale plus 50,000 acres of to study this problem and provide conservation and cultivated agricultural land. division of the waters of the systen:. Construction on the Painted Rock Dam project during the fiscal year :; . Calexico - Mexicali Sanitation Project. The Commission of 1956 will be confined to the access road and the camp. That means this is currently negotiating an agreement for the construction, $30, 800, 000 flood control dam is on its way to the planned completion date operation and maintenance of an international sewage of 1961, thereafter providing protection to lands along the Gila River, the treatment plant to correct a common sanitation problem . lower Colorado River and the Imperial Valley. The dam also implements our obligations under the Mexican Water Treaty of 1944. 6. Tijuana River. Another sanitation project in the planning stage. Scheduled for completion of engineering planning are both Mathews Canyon Reservoir and Pine Canyon Reservoir which include a combined ****** commitment of $2, 390, 000. Only two authorized projects in the Colorado River Basin now require funds for planning and construction. It is our hope that U1ese two, the Whitlow Ranch Reservoir on Queen Creek in Arizona and the Alamo Reservoir on the Bill Williams River in Arizona, can be added to our planning and construction schedule in the near future.

The good news I have just reported to you about authorized projects indicates only the first part of a steadily improving civil works situation.

- 24 - Let me now itemize some of our "backlog" projects that require LAKE MEAD'S FUNCTION AS AN IRRIGATION RESERVOIR preliminary investigations, surveys and review. I will identify them by W. A. Dexheimer streams and States in the Colorado River Basin as follows: Commissioner of Reclamation, Washington, D. C.

I. Colorado River and tributaries above Lee's Ferry, The operation of Hoover Dam and Lake Mead and the attendant water Arizona. operations along the lower Colorado River aro of direct importance to the economy of the Pacific Southwest and indirectly to the economy of the entire 2. Dolores River Basin upstream from Dolores, Colorado. nation. For this reason I would like to devote this time today to a discussion of the primary functions of this system. 3. Animas River, Colorado and New Mexico. We are working with one of the longest rivers in the United States, 4. Virgin River and tributaries, Nevada, Ari:wna and Utah. for the Colorado River zigzags l, 400 miles before discharging into the Gulf of California. In its drainage area of 242, 000 square miles axe many tribu ­ 5. Las Vegas Wash, Nevada. taries which drain one- twelfth of the United States' continental land area, including parts of seven states and a small area from Mexico. 6. Gila River and tributaries, Arizona and New Mexico. When uncontrolled and unregulated, this river had limited value, as Some of these mentioned projects call for an enormous invostigational farming and other industries along its course found to their sorrow. This program and the allocation for the fiscal year of 1956 of approximately changed radically, however, with the construction of Hoover Dam. Last year, $60, 000 for the purpose seems mighty small when you consider the scope of for example, we find that Lake Mead furnished water to some 710, 000 acres the work. But it is heartening that this sum with certain specific exceptions of land in California and Arizona with a crop production valued at $175, 000, 000. is more than 30% greater than the total amount permitted lo be spent in the entire pt·eceding five years. It is worthy of mention that Hoover Dam and the Colorado River Aqueduct were among the seven engineering wonders of the .. ojern United I am sure that most of us are well aware that full comprehension of the States which were recently selected by the American Society ol Civil Engineers. other fellow's duties, responsibilities and problems leads to a fuller and more Arnong the direct benefits of this inspired construction arc: sympathetic attitude in their inter-related dealings. Let me point out, therefore, that the Corps of Engineers in its assignment of work detail is l. Flood control protection for lives and property that carrying out a man-sized task. For example, we bear the investigative formerly were at the mercy of the unbridled river. responsibility for: 2. An assurance of a water supply for domestic, industrial l. Flood control. and municipal use for an expanding population.

2. Water development. 3. The development of a hydroelectric power system on the Lower Colorado River with 1, 600, 000 kilowatts of 3. Evaluation of flood control benefits accruing from generating capacity. imrpveme nts proposed by other agencies. 4. A substantial reduction in the river's sediment load with 4. Flood damage surveys. a corresponding relief to prior damage done by silting of canals and diversion works. 5. Public hearings to ascertain views of all interested parties. 5. Providing for recreation plus fish and wildlife benefits. 6, Making Federally-owned lands available for recreational deve lopmcnt. In addition to these direct benefits that I have mentioned are those of an indirect nature. There are almost inestimable values represented by increased 7. Flood-plain zoning studies to reduce loss of life and industrial growth and attendant taxable wealth which have been created by property. this successful plan of bringing the River under control and putting it to work. 8. Military construction responsibilities. In this third consecutive year of below normal runoff in the Basin, releases from Lake Mead are being restricted to the primary downstream It is my hope that the brief facts I have presented to you will picture our requirements for irrigation and domestic use. With Hoover Dan: as a activities and aims in the Colorado River Basin development program. I control it is now possible for the Bureau of Reclamation to regulate the flow would like to stress in the strongest way possible that our interests and yours of the Colorado River and to make deliveries of water to the various water are identical and that our common purpose is the insurance of the optimum use users at flow rates required by their respective usages. This is possible of water in the Colorado River Basin. because we have been able to accumulate the flood waters from periods of excess flow and carry them over from one year to the next.

- 26 - RECENT ACCOMPLJSHMENTS AND CURRENT ACTIVITIES For example, the last big water year was 1952 when the spring flood OF THE WATER RESOURCES DIVISION OF THE GEOLOGICAL SURVEY runoff was the highest recorded at Grand Canyon since that gauging station IN THE COLORADO RIVER BASIN was established in 1923. It was necessary to put a maximum of water through the turbines without regard to downstream consumptive needs and even to C. G. Paulsen spill some water at the Dam in order to make room for the flood crest. This Chief Hydraulic Engineer points up the fact that if the Upper Colorado River storage plan had been in U. S. Department of the Interior, Geological Survey operation and the dams and reservoirs which are proposed were completed, the water wasted to the ocean could have been conserved and used in this Again it is my pleasure to report to your Association on the progress of present period of drought. It is questionable if Lake Mead would be at its our water resources investigations in the Colorado River Basin. I wish I present low level if upstream storage had been available in 1952 and the river could assure you of some evidence of relief from drought conditions which for had been operated for the primary purpose of supplying domestic and irrigation several years have so plagued this area. However, I can only state that for water. the third successive year the Colorado River flow was far below normal. Runoff in 1955 of 7, 573, 000 acre feet was about 57% of the presently determined It is true that the production of hydroelectric power is important, but normal flow. This was an improvement of 11% over 1954 but unfortunately, it is secondary to consumptive uses of water. That concept is a basic element of 1954 represents the second lowest year of record and the lowest since the the Boulder Canyon Project Act. Hoover Dam power contracts and pay- out construction of Hoover Dam . schedules were made with that fact in mind and drawdown of the Lake is governed primarily for flood control and irrigation requirements. Delivery In a nation as large as ours it is self-evident that our water problems of electrical energy is scheduled as efficiently as possible within that are complex and of great magnitude. The passage of time with its framework. accompanying increases in population and the use of air conditioning and irrigated acreage will result in water rapidly becoming a commodity of To retain all the water coming down the river in excess of downstream intense competitive interest and demand. The litigation and study of uses would require a reservoir many times the size of Lake Mead. To appropriate legislation pertaining to water rights, and old story in the West, provide such a storage area would be infeasible Hnot impossible, although, will encompass the balance of the country. An attendant demand upon as previously mentioned, upstream reservoir capacity would be of major Geological Survey water records will naturally follow, so il will be wisdom assistance in accomplishing the same purpose. on our part to be prepared.

On the other hand, if we were at all times to retain as much water as Our last year's proposed analysis of our gauging station network for possible in Lake Mead, great quantities of water would have to be by-passed the Colorado River Basin is well under way and considerable progress has in seasons of high flow, thus doing away with flood protection required by the been made in this pilot study to deter mine whether or not statistical methods project and also resulting in generation of much less electrical energy. can be used to fix conclusively the adequacy of our basin-wide programs.

How long will this drought period last? I only wish that I could give We have tentatively selected a network of main stem and areal base you an optimistic and truthful answer on that. In spite of all the research that stations which should be maintained indefinitely and also we have classified bas been devoted to climatic fluctuations by scientists all over the world there as secondary a large number of stations which may need to be operated only has to date been no conclusive formula evolved that can accurately forecast long enough to establish satisfactory correlation with a base station. We a precipitation pattern very far into the future. Until such information shall have found that our gauging station network is inadequate in several portions become available to us, we will continue to operate on the present basis of the Basin. It is our hope that, by discontinuing stations where satisfactory which so far has assured downstream users of their requirements regardless correlation is established and by relocating them in areas where more of drought. data are needed, we can eventually overcome gaps in the base records. I want to acknowledge most sincerely the complete and constructive It is also our plan to broaden this analysis to include, in addition to cooperation the Bureau has had from all downstream water users. This has the needed stream flow stations, an adequate program of sediment stations, enabled us to achieve maximum efficiency in water deliveries. The power chemical quality stations and ground-watel" observation wells. Our objective users, hardest hit by these dry years, have accepted without complaint the is to present a complete and balanced program for providing all the basic curtailments necessary and incidental to giving first priority to consumptive water reauired for optimum development and utilization of the total water uses. resources of the Basin. * * * * * * In speaking of records I would like to draw your attention to our water supply paper 1313. It contains a compilation of all stream-flow records collected in the Colorado Basin prior to 1951. The heavy demand for this report since issuance seven months ago amply justified our belief that reports of this type are well worth the time and effort spent in their preparation.

- 28 - - 29 - In addition we have issued Water Supply Papers 1264 and 1362 which are the first of a new series of annual reports on the quality of surface waters The work of the former Division of Irrigation and Water Conservation for irrigation in the western United States . They contain records of chemical of the Soil Conservation Service is now under the Western Soil and Water analysis and other physical measurements from a network of permanent index Management Section. This section conducts research in cooperation with the stations selected and approved by the Subcommittee on Hydrology of the State Agricullural Experiment Stations, State Engineering groups, Soil Federal Interagency River Basin Committee. Eighteen of these stations are Conservation Service, soil conservation districts and irrigation districts in in the Colorado River Basin. the 17 Western States . Cooperative research is carried on at 56 locations .

I have informed you previously on our pioneering experiments at I shall not attempt to enter into a detailed explanation of our total Lake Hefner to develop new and more reliable techniques for the determination activities but rather will present to your attention some of the elements of of evaporation losses from lakes and reservoirs . These techniques were projects being conducted in connection with the use of water for irrigation. later used successfully at Lake Mead. Results showed an evaporation rate Very briefly these consist of: of 84 inches, equivalent to 900, 000 acre feet. Future evaporation rates will of course vary with the fluctuation in stage and area of the lake surface. A l. Consumptive use and irrigation water requirements for professional paper of this 16-month study will be published . efficient and maximum crop production.

These new methods are now being used on Granby Reservoir on the 2. Methods and practices for efficient application and Upper Colorado River. Completion of the Granby studiei, r. ay be expected conservation of irrigation waler. to permit more accurate estimates of anticipated losses on other reservoirs proposed for construction on the Upper Colorado River and its tributaries. 3. Effects of irrigation, drainage, and cultural practices on the germination and growth of crops on :ialine and It is by the development of new methods, new techniques and new alkali soils. equipment that each of the Branches of the Waler Resources Division is waging an active war upon the rnpidly increasing costs of conducting water investiga­ 4 . Water supply inventories, use and net safe yield for tions. These developing programs give us hope, not only of reducing unit irrigation purposes. costs, but also of more constructive service from our experienced professional personnel. 5. Conservation of water supplies and recharge of underground aquifiers. We of the Water Resource Division look upon our work as a challenging responsibility and we intend to continue to merit the confidence placed in our 6. Drainage control to reclaim waterlogged lands and improve efforts by the many cooperating organizations with whom we are associated. crop production. 7. Evaluation and adoption of equipment for production, ****** conveyance, measurement and application of irrigation waters.

ACTIVITIES OF THE WESTERN SOIL AND WATER MANAGEMENT SECTION Very specific research is being conducted in Arizona , California, AGRICULTURAL RESEARCH SERVICE, U. S. DEPARTMENT OF AGRICULTURE Colorado, Nevada, Utah and Wyoming into varying and sometimes localized problems. These studies of the Western Soil and Water Management Section Harry F. Blaney are carried on by teams of irrigation and drainage engineers, soil scienlists, Research Project Supervisor soil chemists and other technicians. Thier endeavors and objectives are adapted to the land and water problems of the West. As a result of the general reorganization of the activities of the U. S. Department of Agriculture on January l, 1954, most of the research of the Before closing my discussion of today, may I bring to your attention Department was placed in the Agricultural Research Service. This Research two papers co , ering special subjects that may be of value to you in your Branch is divided into the following sections: particular area. These papers are:

1. Fertilizer and Agricultural Lime. 1. Consumptive Water Requirements in the Colorado River Basin.

2. Eastern Soil and Water Management. 2. Evaporation from and Stabilization of Salton Sea Water Surface.

3. Soil-Plant Relationships. Copies of these papers are available and a third study entitled "Evaporation from Free Water Surfaces at High Altitudes" will soon be 4. Watershed Hydrology. published. 5. Western Soil and Water Management. ******

- 30 - - 31 - MAJOR RIVER DEVELOPMENTS IN RUSSIA l. Aktrakan. John M. Jacobs 2. Kuibyshev. Phoenix, Arizona F. Other points visited: Our group of representative Americans, on a guided tour through Russia naturally saw a great portion of the country, but it is needless to say I. Ob River in Siberia -- Great irrigation potential. that our observations were skin deep only due to the hustle and bustle of a 2. Turkestan -- Agricultural area. tight schedule plus the language barrier. Please bear with me when I quote statistical data or historical and economic backgrounds because quite Please remember that the areas I have just mentioned are for example frankly, I haven't checked my notes against an encyclopedia for their only because I could easily use the balance of today in describing any single authenticity. location with its attendant specific developments. But the point ram making is that Russian initiative and "know-how" are definitely on the upswing as As in all lands of great distances, the problem of transportation of regards water and its utilization. all types of material, both raw and finished, has been uppermost in the Russian mind for centuries. Foremost in the ranks of practical and system­ In this connection I know there will be a question in your minds as to atic planners appears the name of Peter the Great, Tsar of Russia. He was how the Russians go about their construction work, and also, how their a man of great vision and the impetus he gave the water development is now methods compare with ours. of tremendous value to modern Russia. Waterways, historically, have been the arterial life blood streams of an expanding and health economy. And in To be quite blunt about it, the prodigal use of human beings as tools more modern days the innovations and development of hydro-electric and of production is almost beyond belief to us Americans. And still rr_ore irrigation potentials on those same streams is but another advantage that stactling to us is the tremendous number of women employed in heavy duty is contributing to the well being of the country. manual work. I was told at the Dnieper Dam that during the rebuilding period (1944-1950) that 70% of their labor force was composed of women. Judging I will not attempt to t,rive any real detail on the Russian water program, from what I saw in their industries and on their communal farms I am sure but here are a few highlights that will give you an idea of the scope of their the figul·e quoted was not at all exaggerated. ,~evelopmmt, both past and future. lot me mention the following: We in the United States are so machine conscious, so accustomed to A. The Dnieper Dam on the Dnieper River. power tools, so familiar with assembly line technique, that it is a distinct shock to us to observe labor practices that became obsolete in America many 1. Built in 1932 -- 9 generators, rates at 560, 000 kilowatts years ago. Russia, however, is laying heavy emphasis on the technical before war - - now at 650, 000 or the equivalent of education of its· younger generation and we may, in our present life span, see 14, 000 tons of coal daily. changes in its work pattern that equal the advance in the scale of living that we, here in America, accept so completely as a rightful heritage. 2. Rebuilt in 1944-1950 and now serves Zapangozia steel mills and other industries. To me, it seems obvious that we must not underestimate the potential of development of the Russian People. That they have accorr_plished so B. The Don, Volga and Syrdarya Rivers: much already in their water resource program indicates what they may be expected to do when they reach the "machine age" in their progress. I. The knibysher -- 2, 100, 000 kilowatts. 2. The Stahlingrad -- 2, 300, 000 kilowatts. Let me make one final observation. Each day I give thanks that I 3. The Kahofka -- 300, 000 kilowatts. am an American Citizen, privileged to live in and eojoy a country such as 4. Additional· ·- 400, 000 kilowatts under construction ours. That should answer many of your questions as to my reactions to this trip through Russia. C. Irrigation Areas: ****** 1. Syrdarya -- 4, 500, 000 acres. 2. Azov Port -- Originally 20, 000 now 300, 000 acres 3. Stahlingrad -- 250, 000 acres D. Canals and.locks. By means of these, the dream of Peter the Great became a reality. The five seas of European Russia became connected. The North Sea to Black, Azov, Baltic, Caspian and White. Moscow Port came into being. E. Other dams planned or already under construction:

- 33 - - 32 - BUSINt:SS SESSION acting through the United Slates Bureau of Indian Affairs, are presently disclaiming any obligation to abide by State laws pertaining to use of Mr. Alfred Merritt Smith, Chairman of the Resolutions Committee, public waters; and the Deparln-,ent of Defense and other departn ,ents of the presented the following Resolutions for the mer,· bcrship's approval and United States Governn-.ent arc refusing to abide by State law pertaining to use, adoption. Upon motion duly made and seconded, the Resolutions were regulation, and control of public waters; approved a.'l.d adopted as follows: NOW, THEREFORE, BE IT RESOLVED that this Association go on record reaffirming its position as to State ownership and control of the waters RESOLUTION NO. I within saia States and reaffirr ,·, the proposition and principle that the use of the waters within their boundaries belongs to the people thereof .md arc RESOLVED, that a comprehensive national water policy respecting subject to the Stale Law, and t 11at all agencies, deparlrr.cnts and rcpresent:i­ the development, control and use of water resources be formulated and tives of the Federal Governrr.ent of the United Slates be required to declared and that such policy give due and proper consideration to standards recognize and comply with the State Laws, ·md that this Association of feasibility and repayment. recommends and ur.;es that each of its men bers and reprcscml:1t1vcs contact their respective Senators ond Mcm]x:rs of Congress urging their support of Federa l Legisl(ition rccoi;nizing ,mcl reaffirm in[;; tne principle of RESOLUTION NO. 2 Stales rights as against Federal Ownership and Control, whet.her or not such waters be intra-state, inter-state, navigable or non-navig:,ble or RESOLVED, that the Colorado l{iver Water Users' Association favors underground. and urges legislation by Congress amending the excess land provisions of the Reclamation laws by bringing such provisions into closer harrr,ony with the established farm economy of the various areas and reclamation projects RESOLUTION NO. 5 affected. WIJ£ REAS, irany operating irrigation organizations in the Colorado River B:tsin and other western areas arc, under c:xistinh interprctat io11s, RESOLUTION NO. 3 subject to the 1>rovision of the Nationa l Labor Rela tions Act and the Fair Labor Standards Act of 1938 (W~.ge- Hour Law); and RESOLVED, that the Colorado River Water Users' Association endorses the principle that Subsection 9 (e) of the Reclamation Act of 1939 WHEREAS, the exempt ion of such irrigation organizations frorr the requires the statement of a definite an:ount of repayrr.er1l obligation in provisions of such Acts would benefit the agricu ltural econorr:: of the contracts entered into thereunder; and requires t.'1c rerognition of a water \\estern St.ates and resu lt in furl.her benefits to the pubJ,c gc:nerally; :md right vested in accordance with Stale Law, :md that Suosection 9 (c) be amended to clearly so state. WHEREAS, legis lation is now pending before the Congress of the United States, the purpose of which legislation is to afford such exemptions;

RESOLUTION NO. 4 NOW, THEREFORE, BE IT RESOLVED that the Colorado River Water Users' Association reaffirms the general intent and principle of WHEREAS, each of the Western States have for many years e J'.e;-;::Jscd such legislation and urges the early enactment of proper legislation regulation and control over the public waters within their boundaries under excrr.pting irrigation organizations from the provisions of National Labor laws adopted by the legislatures of such states; and Relations Act and thl Fair Labor Standards Act of 1!)38.

WHEREAS, from time to time, over a period of rr,any years, various Federal Government employees and officials have by one means or another RESOLUTION NO. 6 sought to di vest the States of such control to the end that the use of puhlic waters might be administered and controlled by the United Slates of America; WI!E REAS the prcli n- inary draft of a proposed new codification of and the Federal Reclamation Laws has recently been released for study and there appears to be substan tial changes rr,ade iil c: -; -, , ;;:g Federal Reclamation WHEREAS, the Congress has, from time to time, reiterated its policy Law and sa id proposed code is voluminous and wal',a.,t.s detailed study by all of non-interference with State control of public waters; and interested in the use of water and in reclamation; WHEREAS, under the authority of the Supreme Court decision in the NOW, THEREFORE, BE IT RESOLVED that Congress and the recent case of Oregon v. Federal Power Commission certain Federal employees committees thereof are requested to allow sufficient time for ample study and are again claiming the right on behalf of the United States to disregard State laws the submission of comments on the provisions of said proposed code before pertaining to public waters; and also as a result thereof certain Indian tribes, any bill concerning the same is offered for enactment, and that this Association recommends to its members a prompt and thorough study of the proposed code

14 - ") r.: to be followed by meetings of representatives of the various States to RESOLUTION NO. 10 consolidate their studies and criticisms to the end of a reasonably prompt considered report on any objectionable features found to exist in the proposed WHEREAS after a long and illustrious career as one of the outstanding code. citizens of Western America, our beloved Perry W. Jenkins of Wyoming, was called by death at the age of 88 years; and

RESOLUTION NO. 7 WHEREAS among his many other attainments as author, historian, legislator and pioneer of the intcrmountain area, Perry Jenkins became a RESOLVED, that this Association reaffirms its commendation of the leading expert in water development and uses particularly in the seven states Secretary of the Interior for his forthright announcement of a national power of the Colorado River Basin; and policy; and, further urges that objectives included within such power policy be pursued in a manner which will furnish continued and increased support to WHEREAS in his unremitting zeal to promote good will and harmony irrigation and other beneficial consumptive water uses. toward the better development of each state within the Basin, he became a co- founder, Past President and continuing member of the Board of Directors of the Colorado River Water Users' Association and as such was known and RESOLUTION NO. 8 beloved to all of its members;

WHEREAS, a fundamental objective of the Colorado River Water Users' NOW, THEREFORE, BE: IT RESOLVED that the Officers and Association is to promote Basin-wide development of water and power resources Membership of the Colorado River Water Users' Association do hereby extend of the Colorado River for the maximum benefit of all of the seven States to the family of Perry W. Jenkins their deepest condolences and sympathy and situated; and therein that a copy of this resolution be spread upon the minutes of this meeting and a copy be sent to the members of his family. WHEREAS, the achievement of this objective could be greatly expedited for the benefit of all through friendly agreements and the compromising of such differences as may exist within the Basin; RESOLUTION NO. 11

NOW, THEREFORE, BE IT RESOLVED frat this Association again urges WHEREAS, Mr. Jack Cline of New Mexico was called by death during the responsible officials of all the States to redouble their efforts to attain the past year; and these agreements which will make possible the construction of necessary pro­ jects as rapidly as the principles of sound economics and finances will permit. WHEREAS, the Colorado River Water Users' Association was faithfully served by Mr. Cline for many years as a director and became known and admired by the officers, directors, and members of the Colorado River Water RESOLUTION NO. 9 Users' Association as well as by irrigation and water users throughout the Colorado River Basin; WHEREAS, much industry in the Colorado River Basin States, including mining, the beneficiation of ores, manufacturing of industrial chemicals, fuels, NOW, THEREFORE, BE IT RESOLVED that the officers and member­ military supplies and the successfu l agriculture of irrigated areas is dependent ship of the Colorado River Water Users' Association do hereby extend to the upon water supply from the Colorado River system; and family of Jack Cline their deepest condolences and sympathy and that a copy of this resolution be spread upon the minutes of this meeting and a copy be WHEREAS, such industries are essential to the public welfare in peacetime sent to the members of his family. and doubly so in time of war, when foreign sources of supply might be lost; and

WHEREAS, much of such industry has been destroyed or seriously RESOLUTION NO. 12 injured by the competition of imported products manufactured at lower labor costs than are possible or desirable in the United States; WHEREAS, this Twelfth Annual Conference of the Colorado River Water Users' Association has been outstandingly successful in furthering the NOW, THEREFORE, BE IT RESOLVED that the Colorado River Water Association's fundamental objectives of promoting Basin-wide friendships Users' Association urges the United States Congress to resume its constitutional and at the same time providing timely and informative discussions of the authority of regulating foreign commerce by the Tariff Commission through water, power and conservation problems so vital to the present and future repeal of the Trade Agreements Act of 1934; which transferred that responsibility to the President. economy of each of the seven states comprising its membership; and WHEREAS, achievement of these objectives became possible only because of the splendid exhibition of initiative and teamwork by numerous individuals and groups throughout the Colorado River Basin;

- ~~ - NOW, THEREFORE, BE IT RESOLVED, that the Association does It was recommended to the membership that the same slate of officers hereby express sincere thanks and appreciation to all who participated in be re-elected for another year . Upon motion duly made and seconded, the the program and particularly Governor Charles H. Russell; President membership unanimously re-elected the following officers for a second year: Ray n1ond Matthew; The members of the Program Committee, R. J. McMullin, Hampton C. Godb<', and A. J. Shaver; The Hotel New Frontier and its Raymond Matthew, President (California) management and staff; the Las Vegas Chamber of Commerce; the Fisher Harris, Vice-President (Utah) Press and Radio and all others whose assistance and interest contributed to R. J. McMullin, Secretary - Treasurer (Arizona) the success of this meeting. On behalf of himself and the other officers, Mr. Matthew made a brief ****** acceptance speech and thanked the membership for their continued expression of good faith.

The Auditing Committee examined the Financial Rcpor t of the The delegates from each State, except Wyoming, selected two Secretary -Treasurer and found it to be in proper order and the balance Directors as their representatives for the year 1956. Directors selected correct. R. C. Durke, Chairman of the Auditing Committee, recommended by the membership are: approval of the Financial Statement. Upon a motion duly made and seconded, the following Financial Report was approved: Victor l. Corbell (Arizona) John Hoopes (Arizona) FINANCIAL STATEMENT Fred W. Simpson (California) December 31, 1955 C. C. Tabor ( California) John B. Barnard (Colorado) Carl G. Breeze (Colorado) Balance on Hand, December 31, 1954 $ 1, 683. 70 J. H. Buchler (Nevada) Receipts - January l to Octobet· 31, 1955 200.00 11....883. 70 Alfred Merritt Smith (Nevada) Less Expenditures - January l to October 31, 1955: I. V. Coury (New Mexico) Verityping Proceedings 45.00 Oscar Love (New Mexico) Postage & Miscellaneous Supplies 28.66 Hampton C. Godbe (Utah) Printing of Proceedings :!_~3_._13 ~26.79 Wayne Wilson (Utah) $ 1,556.91 Receipts - November, 1955 507.00 2,063.91 The City of Las Vegas, Nevada was chosen as the location for the Less Expenditures - Antioch Bookplate Company 26.91 2,037.00 Thirteenth Annual Meeting to be held in 1956. Badges The meeting was adjourned. Receipts - 12th Annual Meeting (104 luncheons) 286.00 2,323.00 Less Expenditures - 12th Annual Meeting Courtesy Luncheons - 6@ $2. 75 16.50 Noon Luncheon - Cash 286.00 Percolation & Runoff Conference 567.84 870.34 R. McMullin $ 1,452.66 J. Secretary - Treasurer Receipts - December, 1955 283.00 Less Expenditures - December, 1955 McGrew Printery - Programs 34.93 Postage and Stationery supplies 17.10 Bonanza Printers - Luncheon Tickets _4.j~ 56.28 Ll,.679.38

- 39 - RECORD OF ATTENDANCE

ARIZONA

C. A. Anderson J. S. Hoopes C. L. Phillips A. R. Cartwright £ rnest 1'1. Johannsen W. W. Pickrell Elmer C. Coker Oakley Jordan Bert M. Pringle v. I. Corbell J. K. Kipp Hudson G. Reynolds Roger Ernst O. M. Lassen J. A. Riggins, Jr. Tom Finley Richard 0. Lewis Harry J. Roth John H. Gardiner James E. McDonald J. A. Sinnott W. S. Gookin R. J. McMullln t'loyd N, Smith Fred B. Gregg Thomas Maddock E. D. Tway Robert T. Harrell J. D. Mansfield S. A. Ward Karl Harris Barron G. Moody K. S. Wingfield Allen G. Hely Paul E. Perry E.W. Yorke O. L. Holly

CALIFORNIA

Howard P. Allen Evan T. Hewes Howard A. Miller C. H. Bigelow Harry W. Horton James M. Montgomery Harry F. Blaney C. S. Howard Fred W. Morris Walter Bollenbacher H. Rodger Howell Gilbert F. Nelson Col. Wiiiiam F. C«ssidy Frank E. Jenney Harold F. Pellegrin Dall«s E. Cole F. C. Kendall Roy Seabrtdge Seldon F. Cramer Don J. Kinsey Fred W. Simpson Ralph C. Durke Robert Lee Bert Smith Clay C. Elder Richard w. Lesher Oswald Speir Col. William J. t;ly Harry A. Lott C. C. Tabor Fred F. Friend Joe Mcintyre Merwin Wagner Col. Arthur H. Frye, Jr. Raymond Matthew Glenn E. Whitlock Burton S. Grant

COLORADO

John B. Barnard Alfred L. Ransome

NEVADA

Fred S. Anderson Claude L. Naffziger C. P. Squires T. H. Buehler W. C. R nsbaw A. V. Tallman Frank A. Buol Hugh A. Shamberger Wade H. Taylor L. H. Compton A. J. Shaver Arleigb B. West L. A. Dremolski Alfred Merritt Smith J. H. Wittwer

NEW MEXICO

John H. Bliss Frank E. Irby s. E. Reynolds I. J. Coury F. V. Olson R. H. Robinson Harold B. Elmendorf

UTAH

Asa R. Bowthorpe Thon\a& W. Jensen A. G. Nord Grant M. Burbidge Clarence Lamoreaux Ellis J. Pickett LeRoy H. Cox Henry L. Lobenstcin John B. Stratton Hampton C. Godbe B. Harold Mendenhall Wayne Wilson H. T. Godfrey

OTHER

Lincoln E. Caffall Col. L. H. Hewitt w. A. Dexheimer New York Texas Washington, D. C. Carl G. Paulsen Jose M. Gutierrez James W. Stone Washington, D. C. Baja California, Baja California, Mexico Mexico