STATEMENT OF THE STATE OF CALIFORNIA ON PROPOSED REPORT OF THE SECRETARY OF THE INTERIOR ENTITLED COLORADO RIVER STORAGE PROJECT AND PARTICIPATING PROJECTS INTRODUCTION In accordance with section 1 of the Flood Control Act, approved December 22, 1944 (Public Law 534, 78th Cong., 2d sess.), on January 30, 1951, the Assistant Commissioner of Reclamation transmitted two copies of the proposed report of the Secretary of the Interior entitled, "Colorado River Storage Project and Participating Projects, Upper Colorado River Basin," to the director of public works, the official designated by Gov. Earl Warren as his representative in such matters, for his views and recommendations thereon. The report was received in the office of the director of public works on February 15, 1951, and referred on the same date to the State engineer, who is chief of the division of water resources, for review. One copy of the report was referred by the State engineer to the Colorado River Board of California on February 23, 1951, for comment of that board. Additional copies of the report and substantiating material were required for use in connection with the review of the report, and upon request, copies of the report and of reports on seven of the participating projects were transmitted on March 2, 1951, by the regional director, region 4, United States Bureau of Reclamation, to the State engineer and to the chief engineer, Colorado River Board. On Arril 17, 1951, copies of reports on two additional participating projects were furnished by the regional director, region 4, to the director of public works and to the chief engineer of the Colorado River Board, and on May 11, 1951, copies of two reports, which were all of the reports on participating projects prepared to date, were transmitted to the director of public works and chief engineer of the Colorado River Board. On April 10, 1951, the State engineer addressed a letter to the Commissioner of Reclamation, as follows: Reference is made to letter from Mr. Wesley R. Nelson, Assistant Commissioner, United States Bureau of Reclamation, dated January 30, 1951, transmitting two copies of the Department of the Interior's proposed report on the Colorado. River storage project and participating projects, to Mr. C. H. Purcell, director of public works. These reports were received in the director's office on February 15, 1951. On February 23, 1951, Mr. Purcell acknowledged receipt of the two copies of the report and stated that additional copies of the report and the substantiating material would be needed for this office and for the Colorado River Board of California. In accordance with the suggestion in Mr. Nelson's letter, a request was made to Mr. E. O. Larson, regional director at Salt Lake City, for the additional material. On March 2, 1951, Mr. Larson forwarded the additional copies of the report and supplemental reports on Florida project, silt project, Smith Fork project, and Paonia project in Colorado; Pine River project extension, Colorado-New Mexico; Hammond project, New Mexico; and Lyman project, Wyoming. This material was received on March 5, 1951. Reports on six of the recommended projects have not yet been received. In view of the delay in receiving sufficient copies of the main report on the Colorado River storage project, and the additional delay in receiving substantiating material it is anticipated that it will be necessary to ask the Secretary of the Interior to withhold transmittal of his report to the Congress until the comments of the State of California can be submitted. By letter dated May 11, 1951, the Secretary of the Interior advised the director of public works as follows: On January 30, 1951, copies of this Department's proposed report on the Colorado River storage project were sent to you by the Commissioner of Reclamation acting in my behalf, for the views and recommendations of the State of California in accordance with the provisions of section 1 (c) of the Flood Control Act of December 22, 1944. This act provides for a waiting period of 90 days during which the affected States may submit comments on the proposed report. In consideration of the unanimous action taken by the Upper Colorado River Commission at its April 22, 1951, meeting, in passing a resolution urging an extension of the time for the submittal of comments and recognizing the complexities and magnitude of the project, the Department of the Interior will withhold transmittal of the report to the Congress until after June 15, 1951, in order to permit additional time for the States to comment on the report. The Commissioner of Reclamation by letter dated May 17, 1951, advised the State engineer as follows: Response to your letter of April 10, relative to the review of the proposed report of the Department of the Interior on the Colorado River storage project and participating projects, has been held up pending decision by the Secretary as to whether transmittal of his report to the Congress would be held up beyond the expiration of the 90-day period established by the Flood Control Act of 1944 for submittal of comments by the States on the Secretary's proposed reports In consideration of the unanimous action of the representatives of the upper Colorado River Basin States in requesting an extension of time for submittal of comments on this report, the Secretary has decided to withhold transmittal of the report to the Congress until after June 15, 1951, so as to permit those States which require it additional time in which to submit comments. A letter to that effect has already gone forward from the Secretary to Mr. Purcell. It is noted that at the time of writing your letter you had not received copies of the reports on six of the participating projects. By this time, you have undoubtedly received copies of the reports on central Utah and Emery County projects directly from Mr. Larson, and the LaBarge and Seedskadee project reports should be furnished you soon. These small projects in Wyoming would appear to have little, if any, effect on the State of California, and it is not expected that the delay in furnishing you with copies of the reports will affect the submittal Idate of comments. It is not contemplated that a participating project report will be made on the Eden project, certain features of which are, as you know, already under construction. At the time the recommendations for the Colorado River storage project were formulated, we had expected that the report on the Shiprock project, New Mexico, would be completed before the present time. It is now clear that the report will not be completed in the immediate future; however, we are hopeful that the various interests concerned will soon reach agreement. The proposed report of the Secretary of the Interior consists of (1) a letter, dated December 22, 1950, from the Commissioner, Bureau of Reclamation, to the Secretary of the Interior, which letter was approved on January 26, 1951, by the Secretary of the Interior; and (2) the interim report of the regional director, dated December 15, 1950, with substantiating materials. Reports on participating projects which have been received for review consist of the following: Florida project, Colorado Silt project, Colorado Smith Fork project, Colorado Pine River project extension, Colorado- Hammond project, New Mexico The Commissioner of Reclamation in his letter, dated December 22, 1950, to the Secretary of the Interior makes, among others, the following recommendations: (a) That the plan of development of the water resources of the upper Colorado River Basin described in this report be approved. (b) That authority be sought for the Secretary of the Interior acting pursuant to the Federal reclamation laws (act of June 17, 1902, 32 Stat. 388, and acts amendatory thereof or supplementary thereto) to construct, operate, and maintain (i) the following units of the Colorado River storage project: and (ii) the following initial participating projects subject to the terms of paragraphs (c) or (g), as appropriate, of these recommendations: all as described in the report of the regional director but with such modification of, omissions from, or additions to the works as the Commissioner of Reclamation, with the approval of the Secretary, may find proper; *** (NOTE.-Paragraphs (c) and (g) set forth qualifications to be met by the participating projects.) In the report of the regional director, the construction cost of the entire Colorado River storage project is estimated at $1,139,100,000, and the average annual operation, maintenance, and replacement costs are estimated at $9,732,100, with full project development. COMMENTS The voluminous reports on the Colorado River project and on the participating projects have been reviewed and studied by the State division of water resources and the Colorado River Board of California as fully as practicable within the limited time available under circumstances existing, and as permitted under provisions of the Flood Control Act, approved December 22, 1944. It is the policy of the State of California to favor full development of the upper basin of the Colorado River system, utilizing the water apportioned to it under the Colorado River Compact. The primary interest of the State of California in the specific projects set forth in the report of the Commissioner of Reclamation as approved by the Secretary of the Interior on January 26, 1951, is that in the construction and operation of any of these projects, California will receive its due apportionment of the waters of the Colorado River system as provided for in the Colorado River Compact and related. laws, instruments, and documents. Therefore, the State of California. favors congressional authorization of the specific projects set forth in the proposed report of the Secretary of the Interior or as may be modified, and their construction with Federal funds consistent with national welfare if (a) such projects qualify under criteria, policies, and procedures of the Congress, and (b) the diversion and utilization of the waters of the Colorado River system by and through these projects will not impair the rights of the State of California or any of its agencies to the waters of that system as defined and set forth in the Colorado River Compact and related laws and documents. Submitted by: A. D. EDMONSTON, Approved with the understanding that the phrase "criteria, policies, and procedures of the Congress" refers to "uniform criteria, policies, and procedures to be established by the Congress." COLORADO RIVER BOARD OF CALIFORNIA, By FRANKLIN THOMAS, Chairman. SACRAMENTO, CALIF., June 14, 1951. OFFICIAL COMMENTS AND RECOMMENDATIONS OF THE STATE OF COLORADO ON THE COLORADO RIVER STORAGE PROJECT AND PARTICIPATING PROJECTS REPORT, UPPER COLORADO RIVER BASIN (Project planning report No. 4-8a.81-1, December 1950) The SECRETARY OF THE INTERIOR. JUNE 12, 1951. SIR: On behalf of the State of Colorado, and pursuant to section 1 of the act of December 17, 1944 (58 Stat. 887), there are herewith transmitted the comments, views, and recommendations of the State of Colorado concerning project planning report No. 4-88.81-1, Bureau of Reclamation, Department of the Interior, dated December 1950 and entitled Colorado River Storage Project and Participating Projects, Upper Colorado River Basin. These comments, views and recommendations are submitted by the Colorado Water Conservation Board under the authority granted to that board by chapter 265, session laws of Colorado of 1937, as amended, and in accordance with the designation of such board by the Governor of the State of Colorado as the official State agency to act in such matters. PRELIMINARY STATEMENT The report is vitally important to Colorado because it deals with the only remaining unused major source of water in the State. It has been well said that the Colorado River is Colorado's last waterhole. The need for water in Colorado is ever present. Many of the important cities and towns of the State need substantial additional quantities of water if they are to grow and prosper. Denver, Grand Junction, Pueblo, Colorado Springs, Boulder, and other communities all look to the Colorado River water to sustain their growing populations. In all areas of the State more water is needed for agricultural pursuits. The livestock growers demand more irrigated pasture and meadow land. Industrial needs are rapidly increasing. Vast oil-shale and coal deposits are available for synthetic liquid-fuel production. Enormous timber reserves await development under a sane conservation program. The industrialist, the farmer, and the city dweller demand more and more hydroelectric power. The satisfaction of these demands will enhance both State and national welfare. Colo rado sees in the Colorado River storage project a means of expediting the attainment of the desired development. Colorado greatly appreciates the expeditious manner in which the Secretary of the Interior and the Bureau of Reclamation have prepared and submitted the report now under consideration. It has quickly followed the consummation of the Upper Colorado River Basin compact. The Bureau of Reclamation, in full compliance with the spirit and intent of the Flood Control Act of 1944, has kept the States directly affected fully informed during the course of its investigations. The Department of the Interior and its several agencies, particularly the Bureau of Reclamation, are to be commended for the manner in which this important undertaking has been handled. GENERAL COMMENTS The general plan set forth in the report is acceptable to and approved by Colorado. Upper basin holdover storage must be provided to equate the Lee Ferry flows so that the upper basin may utilize the water apportioned to it by the 1922 compact without the upper division States violating their obligation not to deplete the Lee Ferry flow below the quantity required by that compact. The necessity for such storage was recognized by the negotiators of the 1922 compact and from time to time has been recognized by all basin States. Reservoirs which provide such holdover will also fill the important role of retaining silt so that the usefulness of the great lower basin reservoirs may be prolonged. It is indeed fortunate that the cost of these reservoirs may be financed through the generation and sale of hydroelectric power which is needed in ever-increasing quantities. Colorado wholeheartedly supports the plan to use a portion of the power revenues to support irrigation projects. In this regard Colorado approves the plan of the basin account and of the participating projects. Such plan will permit the construction of many desirable consumptive use projects which, without the aid from power revenues through the basin account, might not be possible of construction. It is gratifying that this aid may be obtained and at the same time a reasonable rate be set for the sale of power. In connection with the participating projects Colorado gives general approval of the criteria established by the report for the determination of the right of a project to qualify for aid from the revenues made available by the project. In particular instances it may be found desirable to adjust these criteria to meet unusual situations. Included among the participating projects in the State of Utah is a project, the central Utah, which will utilize water exported from the natural basin of the Colorado River. No such exportation project in the State of Colorado is mentioned in the report. Perhaps this results from the fact that Colorado exportation projects are located in an area outside of the jurisdiction of region 4 which prepared the report. It is suggested that there should be full and complete cooperation between region 4 and region 7 to determine what, if any, Colorado exportation projects should be approved as participating projects. To conclude these general observations Colorado says that the development in the upper division States must, so far as is possible, |