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be listed. We have attempted to leave off our projects to that extent.

Senator Hatch. This project is rather unique, is it not, Judge Stone?

Mr. STONE. As I stated, Senator Hatch, I think the position taken by Governor Hannett and Mr. McClure is correct, that that represents probably the only way in which New Mexico can utilize its water.

Senator HATCH. To make the enumeration of this project in the bill would not interfere at all with all of these other projects.

Senator CHAVEZ. It will not interfere with any other projects. It will not require a listing of other projects.

Senator Hatch. I want to make clear that setting forth this project in the bill, as suggested in this amendment, would not complicate matters, would not require the listing of any other projects. Is that right, Judge Stone? Mr. STONE. I do not think it would; no.

Senator CHAVEZ. Judge Stone, may I trouble you once more? You and I discussed a minor amendment on page 7 of the bill last Friday, page 7, line 3, by changing "utilization in and equitably distributed," and we agreed to change that word "equitably” to “equally” distributed, so that Utah could get an equal share, Wyoming could get an equal share, Colorado could get an equal share, and New Mexico could get an equal share.

Mr. STONE. I stated here in the hearings last week that I thought the only equitable way to distribute the shares of the various States in this fund would be to equally distribute them. The bill now provides an equitable distribution. The Committee of Fourteen thought that was the safest way to handle it, but I think it can be truthfully said that since Colorado produces approximately 70 percent of the water of the Colorado River in the upper basin, and with perhaps more land that can be irrigated, there might be a claim made that Colorado would have a larger share. However, it is my opinion that under the theory of this bill—since it will not produce enough money to anywhere near make it possible for us to build all of our projects—under the theory of this bill all of the States should have an equal share and an equal benefit out of this fund.

Senator Chavez. I want to suggest an amendment along those lines.

Senator ASHURST. Are you going to delete the word “equitably" and put in “equally ?"

Senator King. I think it ought to be "equitably.”

Mr. STONE. If that amendment is considered, may I call your attention to the fact that it would be necessary to change it in two places, the equal apportionment among the upper basin States, and apportionment after 1955. Senator KING. Mr. Chairman. Senator ASHURST. Mr. King.

Senator KING. I shall offer an amendment for the full committee. I have not drafted it, and I have asked Judge Stone to do it. The amendment is to provide that the $500,000 which shall be paid pursuant to the terms of the bill shall be used in the development of the irrigation projects in the upper basin States and none for the lower basin States. They get enough benefit anyway, California particularly. So I think the $500,000 should be a perpetual fund, so long as it is paid for the development of the irrigation projects in the upper

basin States. That would mean New Mexico, Colorado, Wyoming, and Utah.

I shall offer that amendment.
Senator ASHURST. Very good.

Is there any other person who desires to be heard? Does any Senator have a constituent who desires to be heard ?

Senator KING. Mr. Chairman, I have received two or three telegrams in the last day or two, one from the mayor of Ogden City, and another one from a member of the legislature, making some objections to the bill.

I have wired them to communicate with me immediately to point out more specifically what objections they have. I reserve the right, after having heard from them and any others, to bring the matter to the full committee.

Senator Ashurst. It is understood the hearings will be closed subject to any member of the committee or any Senator, indeed, who wishes to be heard, and who may be heard at that time.

Senator McCARRAN. I respectfully suggest that we meet again tomorrow morning with the full committee for the purpose of considering the bill in executive session.

Senator ASHURST. That is a very fine suggestion. This committee will adjourn until 10:30 tomorrow morning, at which time we will meet in executive session to consider amendments and to consider the bill, and Senator King's constituents may be heard at that time.

Senator CHAVEZ. Mr. Chairman, I ask permission of the committee to insert in the record of committee hearings a copy of my letter of June 1, 1940, to Hon. John C. Page, Commissioner of Reclamation, Department of the Interior, and a copy of Mr. Page's reply dated June 4, 1940, as follows: Hon. JOHN C. PAGE,

Commissioner of Reclamation, Washington, D. C. DEAR MR. PAGE: In connection with your testimony during the hearings on S. 4039 before the Senate Committee on Irrigation and Reclamation, I desire to obtain from you confirmation of the following interpretation of the statement you made to the committee.

You stated that the San Juan River is an important tributary of the Colorado River and that the San Juan is the only stream tributary to the Colorado which can be used to advantage in the State of New Mexico under the terms of the Colorado River compact.

You also stated that the San Juan, through the proposed transmountain diversion in the Chama, is the only source through which the deficiency in the water supply of the middle Rio Grande Valley can be supplemented.

You agreed that a portion of the flow of the San Juan could be diverted for the relief of the Rio Grande Valley and that another part of the flow of the San Juan could be used beneficially by the landowners of San Juan and adjacent counties in New Mexico, including the Navajo Tribe of Indians.

You stated that, aside from the information compiled during the joint Rio Grande investigation, no intensive study of the San Juan-Chama project had been made until an appropriation of $50,000 became recently available.

You stated that the projects on the San Juan River, being the only ones through which the State of New Mexico could possibly profit under the terms of the Colorado River compact, would be given early priority and their investigation would be carried to completion as soon as the investigation fund accruing under section 2 (d) of S. 4039 became available to the Reclamation Service.

I understand this statement to be a pledge by the Commissioner of Reclamation that, as soon as the above-mentioned fund becomes available, he will allocate a sufficient sum, estimated to be not less than $50,000, for the completion of the Chama-San Juan investigation and that additional sums will be immediately available for the initiation and completion of an investigation of a project for the storage and distribution of San Juan floodwaters for the benefit of the residents and landowners of San Juan and adjacent counties, including the Navajo Tribe of Indians.

I would appreciate the favor if you would let me know by Monday, June 3, whether this interpretation of your statements to the Senate committee is correct. Yours sincerely,

DENNIS CHAVEZ, United States Senator.



Washington, June 4, 1990. Hon. DENNIS CHAVEZ,

United States Senate. DEAR SENATOR CHAVEZ: Your letter of June 1, 1940, asked me to amplify and confirm the statement which I made before the Senate Committee on Irrigation and Reclamation holding hearings on S. 4039.

The details of the statement which you included in your letter are substantially in accordance in accordance with my understanding and intention in introducing this testimony. I prefaced my remarks by stating that complete information on all the details of the proposed San Juan-Rio Chama diversion was not available, but from the information which had been gathered this appeared to be the major opportunity for New Mexico to obtain Colorado River water, and that the diversion to the Rio Chama would remedy a deficiency in the water supply of the Rio Grande Valley. We have not attempted to indicate where this imported water could best be used in New Mexico, but there is definitely a deficiency in the water supply of the middle Rio Grande Valley.

Our studies indicate that approximately 350,000 acre-feet could be diverted to the Rio Chama, after retaining in the San Juan River sufficient water to supply a large development in San Juan and other adjacent counties in New Mexico, including the Navajo Indian Reservation.

I estimated that $50,000 would be sufficient to obtain definite information on which concrete estimates could be made for this project, and that early completion of this investigation would be desirable. My statement constituted a promise that whenever the program would permit and funds were provided, the investigation of the San Juan-Rio Chama would be completed and that at the same time there should be studied the necessary storage works on the San Juan River for the benefit of the adjacent area. I trust this will furnish the information you desire. Very truly yours,

JOHN C. Page, Commissioner. (Whereupon, at 11:50 a. m., the committee adjourned.)


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