OCR Text |
Show The control of pumping from ground water basins is a State problem and the States are now striving for suitable processes. The problem is complex. Basic concepts of property rights, water rights, considerations of equity, and constitutional questions are involved. These problems have con- tributed to failures and delays in the enactment of ground water codes. In 1948 a ground water code was passed by the legislature of Arizona. The code provides that the State water commissioner and the Geological Survey shall designate the boundaries of ground water areas and designate those found to be critical. The drilling of wells in such areas for the irrigation of new lands is prohibited. New Mexico has adopted a ground water code which operates in some ground water basins. Wyoming has adopted a ground water code, which so far as known has not yet been applied. Utah has a ground water code but need for its applica- tion in the Colorado Basin is not known. In Cali- fornia, by virtue of court decisions, the correlative rights doctrine obtains. There also has been no known requirement for its application in the basin. The main, area of concern for ground water is Arizona, where in addition to problems of irriga- tion pumping, there are also municipal supply problems, as at Tucson, Bisbee, and Douglas. Conclusions Ground water sources, like surface reservoirs, are subject to abuse. As abuse of a surface reservoir persists, crop failures and failures of irrigation en- terprises ultimately result. As abuse of an under- ground reservoir persists, a slow, insidious process of deepening wells and paying greater pumping costs prevails, with the less economical enterprises dropping out of competition until there is evidence of ground water recovery. At this point, new entrepreneurs step in and the cycle repeats itself. Government agencies, State and Federal, have not been prepared to give adequate advice as to suitable development of ground water for irriga- tion; they are probably not now adequately financed and staffed to provide that service. The only known approach to the problems of areas in the basin now exhausting their ground water is the importation of water from other sources, unless reduced pumping and the aban- donment of some lands are considered a solution. This is a main purpose of the proposed Central Arizona Project. However, in arriving at a final decision on the desirability of such a project, a full, impartial technical analysis of the effects of depriving the area of water while awarding it to another, as must be the case, should be under- taken. This has not yet been done for basin "salvage" projects. The several States are attempting to forestall additional overdevelopment through State regula- tion of the underground water sources; not enough time has elapsed to evaluate the effective- ness of their measures. However, enough is known to insist that codes should be uniform. Finally, effective provisions and effective enforcement of codes should be an essential condition for Federal participation in any salvage project. 4. Installation and Operation of Power Generating Facilities The Problem Installation and operation of power generating facilities by other than the Federal Government at Federal dams in the basin. The Situation The Boulder Canyon Project Act states:13 Contracts for the use of water and necessary privileges for the generation and distribution of hydroelectric energy or for the sale and delivery of electrical energy shall be made with responsible applicants therefor who will pay the price fixed by the said Secretary with a view to meeting the revenue requirements herein provided for. In case of conflicting applications, if any, such conflicts shall be resolved by the said Secretary, after hearing, with due regard to the public interest, and in conformity with the policy expressed in the Federal Water Power Act as to con- flicting applications for permits and licenses * * *. The policy referred to is that part of the Federal Power Act14 which requires that preference be given to States and municipalities in the issuance of permits and licenses when their plans are equally well adapted to the use of the resources as are other plans that are proposed. "Act of December 21, 1928, § 5(c), 45 Stat. 1060, 43 U. S. C. 617d. 14 Act of June 10, 1920, § 7, 41 Stat. 1067 as amended, 16 U. S. G. 800. 396 |