Dave Appleman, American National Cattlemen's Association, Den- Hon. Wayne N. Aspinall, a Representative in the U.S. Congress from Hon. William H. Avery, a Representative in Congress from the State John B. Barnard, Jr., chairman, Colorado Water Congress_ Hon. Elmer Bennett, Under Secretary of the Interior; accompanied by Frank Horne, Special Assistant to the Solicitor, Department of 281 317 Hatfield Chilson, attorney, Denver, Colo. 290 John R. Clayton, member legiislation committee, National Reclama- 240 O. F. Dent, representing the Governor of the State of Texas and the Hon. Henry Aldous Dixon, a Representative in the U.S. Congress from 197, 224, 232 K. C. Dodson, representing the Governor of the State of Tennessee_- Lewis E. Hendricks, executive secretary, South Carolina Conservation C. F. Hicks, special assistant to the attorney general of the Common- wealth of Virginia, representing the Governor of the Commonwealth 273 John B. Luce, representing the Governor of the State of Arkansas.. Hon. Thomas G. Morris, a Representative in the U.S. Congress from Hon. Perry W. Morton, Assistant Attorney General, Lands Division, Department of Justice; accompanied by David R. Warner, Chief, Water Resources Section, Lands Division, Department of Justice.. Hon. Joseph C. O'Mahoney, a United States Senator from Wyoming (as read by Congressman Wayne N. Aspinall). Hon. Gracie Pfost, a Representative in the U.S. Congress from the 104 E. W. Rising, representing the Governor of the State of Montana and Maurice J. Shean, representing the city and county of San Francisco, J. E. Sturrock, representing the Texas Water Conservation Associa- Sam Thompson, chairman, board of water commissioners, State of Hon. Keith Thomson, a Representative in the U.S. Congress from Matt Triggs, assistant legislative director, American Farm Bureau Hon. Stewart L. Udall, a Representative in the U.S. Congress from John W. Wakefield, director, Department of Water Resources, and representing the Governor of the State of Florida.... Arno Windscheffel, representing the Kansas State Water Resources Board and the Governor of the State of Kansas, introduced by Hon. William H. Avery, a Representative in the U.S. Congress 258 252 72 Hon. Price Daniel, Governor of the State of Texas, statement of.. State of Indiana, Flood Control and Water Resources Commission, National Lumber Manufacturers Association, Washington, D. C., statement submitted by Mortimer B. Doyle, executive vice presi- Mrs. Helen L. Peterson, executive director, National Congress of 313 Glenn G. Saunders, chief counsel, Board of Water Commissioners, 260 Lewis A. Stanley, State engineer, Water Resources Department, State 303 Hon. Cecil H. Underwood, Governor of the State of West Virginia, M. G. Walker, Supervisor of the Division of Water Resources, Depart- J. B. Wilson, president, Wyoming Natural Resources Board, McKinley, 303 FEDERAL-STATE RELATIONS IN THE FIELD OF WATER RIGHTS MONDAY, JULY 20, 1959 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON IRRIGATION AND RECLAMATION OF THE Washington, D.C. The subcommittee met, pursuant to call, at 9:45 a.m., in room 1324, Mr. ROGERS. The Subcommittee on Irrigation and Reclamation will The subcommittee has before it this morning for consideration Then we have H.R. 5555 by the chairman, H.R. 5587 by Mr. King of Then we have H.R. 1234 by Mr. Budge, to require Federal officers, Then we have H.R. 2363 by Mr. Thomson of Wyoming, to affirm Most of these measures, or we might say all of these measures, found Now, this is not a new subject. We have had hearings on it in the cision, or during this Congress, that we can reach a decision that will correct the situation to satisfy those people who have been disturbed by these decisions. We have sought departmental reports from all of the departments involved, but it seems to me we have been successful in obtaining reports on the present matters from only the Department of Justice, the Bureau of the Budget, and the Federal Power Commission. Departmental reports have not been received from the Department of the Interior, from the Department of Defense, and from the Department of Agriculture. I think I know the position of those several departments concerning this legislation, but I sincerely hope that we will be successful in having them furnish us with a report before these hearings are concluded. Frankly, the chairman can see no reason why reports could not have been filed several weeks ago. These hearings have been announced for some time and there is no reason that I know of that these reports were not filed. It is entirely possible that there is some justifiable reason why they were not filed but I think if that is the case these departments ought to come up here and make their position known. On this first day of the hearings we have scheduled the Members of Congress who are primarily interested in the legislation and also those representatives of several State governments that are interested. Our first act will be to include the bills mentioned in the record that I read before, together with the three reports that were mentioned in my previous remarks. (The matters referred to follow :) [H.R. 4567, 86th Cong., 1st sess.] A BILL To provide that withdrawals or reservations of public lands shall not affect certain water rights Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the withdrawal or reservation of surveyed or unsurveyed public lands, heretofore or hereafter established, shall not affect any right to the use of water acquired pursuant to State law either before or after the establishment of such withdrawal or reservation, nor shall it affect the right of any State to exercise jurisdiction over water rights conferred by the Act admitting such State into the Union or such State's constitution, as accepted and ratified by such Act of admission. SEC. 2. Nothing in this Act shall be construed as (1) modifying or repealing any provision of any existing Act of Congress requiring that rights of the United States to the use of water be acquired pursuant to State law; (2) permitting appropriations of water under State law which interfere with the provisions of international treaties of the United States; or (3) affecting, impairing, diminishing, subordinating or enlarging (a) the rights of the United States or any State to waters under any interstate compact or existing judicial decree, (b) the obligations of the United States to Indians or Indian tribes, or any right owned or held by or for Indians or Indian tribes, (c) any water right heretofore acquired by others than the United States under Federal or State law, (d) any right to any quantity of water used for governmental purposes or programs at any time from January 1, 1940, to the effective date of this Act; or (e) any right of the United States to use water which is hereafter lawfully initiated in the exercise of the express or necessarily implied authority of any present or future Act of Congress or State law when such right is initiated prior to the acquisition by others of any right to use water pursuant to State law. [H.R. 5555, 86th Cong., 1st sess.] A BILL To recognize the authority of the States relating to the control, appropriation, use, or distribution of water within their boundaries, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the authority of all States relating to the control, appropriation, use, or distribution of water within their boundaries, including water on the public lands of the United States, is hereby acknowledged; and that it is the policy of the Congress that such authority of the States shall be given full recognition by the Federal Government in connection with Federal programs, projects, or activities for the conservation, development, and use of the Nation's land and water resources. SEC. 2. Federal departments, agencies, and instrumentalities, and officers and employees thereof, in the use of such water by the Federal Government for any purpose in connection with Federal programs, projects, or activities for the conservation, development, and use of land and water resources (a) shall be bound by all water rights acquired under State laws or recognized by the decisions of State courts, (b) shall, as a condition precedent to the use of any such water, acquire rights to the use thereof in the same manner and be given the same consideration as an individual citizen of the State in accordance with the laws and procedures of the respective States relating to the control, appropriation, use, or distribution of water within their geographic boundaries, and (c) shall not acquire, or interfere with the exercise of, any water rights acquired under State laws or recognized by the decisions of State courts, except upon the payment of just compensation therefor: Provided, That nothing herein shall be construed to prevent the Federal Government from also acquiring such water rights by purchase, exchange, gift, condemnation or, where water is available for acquisition upon proper application to a State for a right to water to be used for any purpose when certified as necessary to the conduct of an authorized Federal program. SEC. 3. Nothing in this Act shall be construed as (a) affecting any right to the use of water heretofore or hereafter acquired pursuant to State law, (b) modifying or repealing any provision of any existing Act of Congress requiring that rights of the United States to the use of water be acquired pursuant to State law, (c) interfering with the provisions of international treaties of the United States, or (d) affecting, impairing, diminishing, subordinating, or enlarging (1) the rights of the United States or any State to waters under any interstate compact or existing judicial decree, (2) the obligations of the United States to Indians or Indian tribes, or any right owned or held by or for Indians or Indian tribes. [H.R. 1234, 86th Cong., 1st sess.] A BILL To require Federal officers, agencies, and employees to act in accordance with and submit to the laws of the several States relative to the control, appropriation, use, and distribution of water and providing that the United States shall sue and be sued in the courts of such State in litigation arising therefrom Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all Federal officers, agencies, and employees, in carrying out Federal law relating to water-resources development and utilization, including but not limited to the delivery of water to national defense installations and to federally owned areas for other purposes, shall act in accordance with the same procedures as provided by the laws of the several States for the control, appropriation, use, and distribution of water by private persons, and no other procedure shall be hereafter instituted or continued. Federal officers, agencies, or employees in developing or acquiring water or water rights pursuant to Federal law shall not interfere with any right recognized by local custom or law except when authorized to do so and upon payment of Just compensation therefor: Provided, That Federal officers, agencies, or employees may acquire such rights by gift, exchange, or donation. The provision of this Act shall not be construed as repealing or affecting any of the provisions of section 8, Reclamation Act, 1902, but shall be construed as being supplementary thereto. SEC. 2. All Federal officers, agencies, and employees are authorized and directed to submit to the jurisdiction of the appropriate judicial and administrative agencies and tribunals of the several States in matters concerning the acquisition, |