OCR Text |
Show January 18, 1960 that discusses and explains the proposed principles and criteria. Since the submission of these documents to us, the Commission, through its Legal and Engineering Committees, has attempted to analyze the proposed principles and criteria as they may hereafter affect both the Upper and Lower Basin States of the Colorado River. Our principal concern, needless to say, is the effect of the proposed criteria on the rights of the Upper Basin States as set forth in the Colorado River Compact of 1922. Under date of September 25, 1959, we forwarded to you a resolution of this Commission, adopted at Cheyenne, Wyoming on September 21, 1959 setting forth general principles upon which the Commission believed the filling criteria for Glen Canyon Reservoir should be predicated. A copy of that resolution is attached hereto. This resolution continues to state the position of this Commission. When the resolution above referred to is applied to the proposed filling criteria forwarded to us, there are some apparent inconsistencies which cannot be justified under the provisions of the Colorado River Compact. Specifically, we find nothing in the Compact, or in any interpretation thereof, which requires the Upper Basin to compensate, in any manner whatsoever, Lower Basin power users for water legally withheld in the Upper Basin. We are sure that the capturing of water in Glen Canyon Reservoir was fully contemplated when the Colorado River Compact was written in 1922, and by the Boulder Canyon Project Act and Boulder Canyon Project Adjustment Act. Under this latter Act, the Secretary of the Interior has full authority to adjust power rates at Hoover Dam to meet the amortization schedule of that project. We are therefore not in accord with the proposed principles and criteria which seem to imply that Hoover Dam power contracts must be made whole at the expense of the Upper Basin States. We appreciate the opportunity to review your proposed principles and criteria. We are fully aware of the incredibly complex problems which have confronted your department in this matter. Even though this Commission may have some divergent views, we nevertheless commend those members of your department who have patiently and thoroughly carried the problems this far along. We have little doubt that the eventual filling and operation of Glen Canyon Reservoir under the jurisdiction of the Secretary of the Interior will confer great benefits upon all the States of the Colorado River Basin, in accordance with their established rights. Sincerely yours, Ival V. Goslin IVG/dc Chief Engineer & Secretary Enclosure Upper Colorado River Commission 21 |