| OCR Text |
Show part because these conditions sometimes cannot be met, many reclamation projects are specially authorized by Congress. Still other resource activities and resource projects of other agencies do not require individualized authorization by Congress. These differences as to review and authoriza- tion may be further compounded with the varia- tions as to jurisdiction among committees of Con- gress, depending upon the agency proposing the project. This remains true even though the sep- arate projects proposed are parts of the same basin development. In addition to this review, of course, there is the annual review exercised by Congress over all resource activities through its appropriation committees. Variations such as the foregoing may be con- ducive to, or at least permit, interagency conflict and competition. More importantly, resulting in a lack of program balance they may sap the effectiveness of water resources developmental expenditures. But it is in the construction and operation of projects that disparity in law has its greatest im- pact. The sheer number of laws applicable here increases the volume of variation. Where these variations affect actual operation of the several dams comprising a river system, they create prac- tical problems and obstacles to integrated opera- tion which are sometimes insurmountable. Water Use Affecting Project Construction and Operation.-At times, selection must be made among alternative purposes for which a system of dams may be constructed or operated, when stream flow will not permit fulfillment of all pur- poses. Such dams when constructed are some- times operated by different agencies which have basic statutory responsibility for different purposes. It is true that statutes have recognized certain priorities for beneficial consumptive uses, have expressly subordinated navigation, uses at some projects, and have in effect dedicated to flood control and navigation certain allocated reservoir space at some Federal projects. But such statutes cover only some of the possible uses of a river system or only certain projects, or only certain space at certain projects. There remains a large area of project use subject to possible clash of the "primary" statutory responsibilities of the differ- ent agencies. Yet it is at this very point that full coordination could permit maximum ad- vantage to be taken of the multiplier effect of one structure's operation upon that of another. Project Design and Construction.-Depending upon the agency made responsible, statutory variations occur with regard to design and con- struction in such matters as the relocation of population displaced by project construction; land acquisition and condemnation procedures; requirements for, or limitations upon, doing work by contract; authority to modify project plans or substitute alternatives, such as evacuation of flooded areas in lieu of flood control protection; payments in lieu of taxes; manner and degree of control over rate of construction retained by Con- gress; whether the agency shall proceed in con- formity with State laws concerning control and. use of water; and participation of, or contribu- tion by, local interests. Project Operation and Maintenance.-One example will suffice to illustrate the practical im- pact of statutory diversity in the case of integrated operations. Variations in power rate and mar- keting requirements become acutely important where they involve different dams in the same river system. For the source of electric energy cannot be identified after it enters a transmission, line and is commingled with energy from other sources. If operations be integrated, therefore, the fulfillment of different marketing require- ments may become physically impossible or diffi- cult, depending on the nature of the differences. Project Financing.-Although Federal projects are constructed with Federal funds which at one time or another must be appropriated, variations as to financing exist by means of special funds created by statute. Other variations arise from, special financing arrangements or provisions made available by statute to the several construc- tion agencies. Reimbursement of Project Costs-Price of Project Products.-When it comes to collecting" from project beneficiaries, the law is equally diverse. There are, of course, broad general differences 301 |
