| OCR Text |
Show 543 such waters for domestic, municipal, stock water, irriga- tion, mining, or industrial purposes. This restriction is thus made applicable only to the works au- thorized in the 1944 statute. But the same restriction was repeated with respect to projects authorized by the 1945 River and Harbor Act, and has since been made applicable as to those authorized in all subsequent Flood Control and River and Harbor Acts.287 As to the Arkansas River and its tribu- taries, Congress has specified that the word "navigation" in the above-quoted provision shall include the use of water for power purposes.288 No provision is made, however, with respect to waters other than those "arising in States lying wholly or partly west of the ninety-eighth meridian." Nor is there a legislative directive establishing, a relationship between the operation and main- tenance of pre-1944 projects and uses of water under state law. It should also be noted that no corresponding general restric- tion has been enacted with respect to control of water for pur- poses of flood control. However, with respect to the Denison Dam, Congress in 1938 stated that:269 The Government of the United States acknowledges the right of the States of Oklahoma and Texas to con- tinue to exercise all existing proprietary or other rights of supervision of and jurisdiction over the waters of all tributaries of Red River within their borders above Denison Dam site and above said dam, if and when con- structed, in the same manner and to the same extent as is now or may hereafter be provided by the laws of said States, respectively, and all of said laws as they now exist or as same may be hereafter amended or enacted and all rights thereunder, including the rights to im- pound or authorize the retardation or impounding thereof for flood control above the said Denison Dam and to divert the same for municipal purposes, domestic *" See, e. g., Act of March 2,1945, § 1 (b), 59 Stat. 10,11. ** Act of July 24,1946, § 1, 60 Stat. 634. "• Act of June 28,1938, § 4(b), 52 Stat. 1215,1219. 911611-51------36 |
