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14. In 813: M6906/Pt. 1

MISSOURI RIVER BASIN INDUSTRIAL

WATER MARKETING

HEARING

BEFORE THE

SUBCOMMITTEE ON

ENERGY RESEARCH AND WATER RESOURCES

OF THE

COMMITTEE ON

INTERIOR AND INSULAR AFFAIRS
UNITED STATES SENATE

NINETY-FOURTH CONGRESS

FIRST SESSION

ON

THE SALE OF WATER FROM THE UPPER MISSOURI RIVER
BASIN BY THE FEDERAL GOVERNMENT FOR THE DEVELOP-

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SUBCOMMITTEE ON ENERGY RESEARCH AND WATER RESOURCES
FRANK CHURCH, Idaho, Chairman

HENRY M. JACKSON, Washington
J. BENNETT JOHNSTON, Louisiana
JAMES ABOUREZK, South Dakota
FLOYD K. HASKELL, Colorado
JOHN GLENN, Ohio
RICHARD STONE, Florida

DALE BUMPERS, Arkansas

MARK O. HATFIELD, Oregon
CLIFFORD P. HANSEN, Wyoming
PAUL J. FANNIN, Arizona

BEN YAMAGATA, Counsel

OWEN MALONE, Professional Staff Member
RUSSELL R. BROWN, Professional Staff Member

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CONTENTS

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Metcalf, Hon. Lee, a U.S. Senator from the State of Montana, statement
before the Senate Public Works Committee, May 7, 1975--

Hon. Richard Kneip, Governor, South Dakota, July 17, 1975_.
Hon. Ed Herschler, Governor, Wyoming, July 17, 1975.
"Indian Prior and Paramount Rights versus State Rights," by Wililam H.
Veeder, reprinted from North Dakota Law Review, fall 1974-.

"Indian Water Rights in the Upper Missouri River Basin, by William H.

Veeder, reprinted from North Dakota Law Review, summer 1972-‒‒‒

McCollister, Hon. John Y., a U.S. Representative from the State of Ne-

braska, statement

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MISSOURI RIVER BASIN INDUSTRIAL

WATER MARKETING

FRIDAY, JULY 18, 1975

U.S. SENATE,

SUBCOMMITTEE ON ENERGY RESEARCH AND WATER
RESOURCES, OF THE COMMITTEE ON INTERIOR
AND INSULAR AFFAIRS,
Washington, D.C.

The subcommittee met, pursuant to notice, at 10 a.m. in room 3110,
Dirksen Office Building, Hon. James Abourezk presiding.
Present: Senators Abourezk, Metcalf, and Burdick.

Also present: Russell Brown, professional staff member.

OPENING STATEMENT OF HON. JAMES ABOUREZK, A U.S. SENATOR FROM THE STATE OF SOUTH DAKOTA

is

Senator ABOUREZK. The hearing will come to order. I would like to welcome Senator Metcalf and Senator Burdick to the subcommittee. This is the first in a series of open public hearings, whose purpose to exercise congressional oversight over the sale of water from the Upper Missouri Basin by the Federal Government for energy develop

ment.

The push being given Project Independence, a plan proffered by this administration for rapid production of Western coal has put the predominantly agricultural economy of our region on the threshold of massive industrialization.

Despite the growing need by farmers, ranchers and communities in the Northern Plains region, the Federal administration has been moving forward to provide water for electrical generating plants, coal liquifiction, and coal slurry lines to ship coal to other regions.

In February of this year, an agreement was made between the Departments of Army and Interior known as the "Memorandum of Understanding." This memorandum provides the basis for the two Departments to expedite the use of water for energy development from the main stem of the Upper Missouri River essentially for diversion to the coal fields of Wyoming.

Much protest has arisen from my State of South Dakota since this memorandum was signed. The basic question in my mind is whether this agreement by the two Departments could preemp State water rights particularly since an equitable apportionment has not been reached between the States who are facing their own decisions about water for agriculture and industry.

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