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Show .113- Federal Power Commission, YJashington, February 27, 19U5* Hon. Compton I. White, Chairman, Committee on Irrigation and Reclamation, United States House of Representatives, Vfoshington, D. C. Dear Sirs Inasmuch as I am not in full accord with the views of the major- ity of the Federal Power Commission, set forth in their memorandum in re- sponse to your request for a report on H. R. l679> I take this means of presenting my view. The President in his veto message on H. R. 59^5 °f April 2, 191+2, statedj "While I find it necessary to withhold my approval of the legislation in its present form, I would be glad to approve a bill -which, in assenting to the compact, specifically reserves to the United States all of the rights and responsibilities which it now has in the use and control of the waters of the basin/1' In my opinion, Hr R* 1679 meets the President's objections by the olear language of article X that- "Nothing in this compact shall be deemed- "(a) To impair or affect any rights, powers or jurisdiction of the United States, or those acting by or under its authority in, over, and "bo the waters of the basin; nor to impair or affect the capacity of the United States, or those acting by or under its authority, to acquire rights in and to the use of waters of the basin;" and further that it does not contain the objectional provision of H» R« 59h5> "The Republican River and tributaries thereof within the basin as liere- inabove defined, are not navigable, * * *" I am in full accord with the purposes of the bill granting congres s- ional consent to the States of Colorado, Kansas, and Nebraska to enter into a compact "providing for an equitable division and apportionment among the said States of the waters of the Republican River." It recognizes the vested rights of the citizens of the respective States but in language dif- ferent from section 27 of the Federal Power Act, reading as follows: "That nothing herein contained shall be construed as affecting or in- tending to affect or in any way to interfere with the laws of the re- spective States relating to the control, appropriation, use or distribution of water used in irrigation or for municipal or other uses, or any vested right acquired therein." Being a native of the State of Wyoming I have a comprehensive under- standing of the problems of the water users of the arid States, and I |
