(b) Use of waters for navigation

The use for navigation, in connection with the operation and maintenance of such works herein authorized for construction, of waters arising in States lying wholly or partly west of the ninety-eighth meridian shall be only such use as does not conflict with any beneficial consumptive use, present or future, in States lying wholly or partly west of the ninety-eighth meridian, of such waters for domestic, municipal, stock water, irrigation, mining, or industrial purposes. (c) Irrigation works

The Secretary of the Interior, in making investigations of and reports on works for irrigation and purposes incidental thereto shall, in relation to an affected State or States (as defined in paragraph (a) of this section), and to the Secretary of the Army, be subject to the same provisions regarding investigations, plans, proposals, and reports as prescribed in paragraph (a) of this section for the Chief of Engineers and the Secretary of the Army. In the event a submission of views and recommendations, made by an affected State or by the Secretary of the Army pursuant to said provisions, sets forth objections to the plans or proposals covered by the report of the Secretary of the Interior, the proposed works shall not be deemed authorized except upon approval by an Act of Congress; and section 485h of Title 43 and section 590z-1 of Title 16 are amended accordingly. (Dec. 22, 1944, ch. 665, sec. 1, 58 Stat. 887; July 26, 1947, ch. 343, sec. 205 (a), 61 Stat. 501.)

(5) THE NATIONAL PARKS ACT OF AUGUST 7, 1946 (60 STAT. 885)

TITLE 16-CONSERVATION

SEC. 17j-2. SAME; ROAD MAINTENANCE AND REPAIR; ADMINISTRATIVE EXPENSES; LECTURES, INVESTIGATIONS, TELEPHONE SERVICE, ETC.

Appropriations for the National Park Service are authorized for-

(a) Necessary protection of the area of federally owned land in the custody of the National Park Service known as the Ocean Strip and Queets Corridor, adjacent to Olympic National Park, Washington; necessary repairs to the roads from Glacier Park Station through the Blackfeet Indian Reservation to the various points in the boundary line of Glacier National Park, Montana, and the international boundary; repair and maintenance of approximately two and seventy-seven one-hundredths miles of road leading from United States Highway 187 to the north entrance of Grand Teton National Park, Wyoming; maintenance of approach roads through the Lassen National Forest leading to Lassen Volcanic National Park, California; maintenance and repair of the Generals Highway between the boundaries of Sequoia National Park, California, and the Grant Grove section of Kings Canyon National Park, California; maintenance of approximately two and onefourth miles of roads comprising those portions of the Fresno-Kings Canyon approach road, Park Ridge Lookout Road, and Ash Mountain-Advance truck trail, necessary to the administration and protection of the Sequoia and Kings Canyon National Parks; maintenance of the roads in the national forests leading out of Yellowstone National Park, Wyoming, Idaho, and Montana; maintenance of the road in the, Stanislaus National Forest connecting the Tioga Road with the Hetch Hetchy Road near Mather Station, Yosemite National Park, California; and maintenance and repair of the approach road to the Custer Battlefield National Monument and the road connecting the said monument with the Reno Monument site, Montana.

(b) Administration, protection, improvement, and maintenance of areas under the jurisdiction of other agencies of the Government, devoted to recreational use pursuant to cooperative agreements.

(c) Necessary local transportation and subsistence in kind of persons selected for employment or as cooperators, serving without other compensation, while attending fire-protection training camps.

(d) Administration, protection, maintenance, and improvement of the Chesapeake and Ohio Canal.

(e) Educational lectures in or in the vicinity of and with respect to the national parks, national monuments, and other reservations under the jurisdiction of the National Park Service; and services of field employees in cooperation with such nonprofit scientific and historical societies engaged in educational work in the various parks and monuments as the Secretary of the Interior may designate.

(f) Travel expenses of employees attending Government camps for training in forest-fire prevention and suppression and the Federal Bureau of Investigation National Police Academy, and attending Federal, State, or municipal schools for training in building fire prevention and suppression.

(g) Investigation and establishment of water rights in accordance with local custom, laws, and decisions of courts, including the acquisition of water rights or of lands or interests in lands or rights-of-way for use and protection of water rights necessary or beneficial in the administration and public use of the national parks and monuments.

(h) Acquisition of rights-of-way and construction and maintenance of a water supply line partly outside the boundaries of Mesa Verde National Park. (i) Official telephone service in the field in the case of official telephones installed in private houses when authorized under regulations established by the Secretary. (Aug. 7. 1946, ch. 788, 60 Stat. 885.)

(6) SECTION 208 OF THE ACT OF JULY 10, 1952 (66 Stat. 560)

Excerpt from United States Code

TITLE 43-PUBLIC LANDS

CHAPTER 1-BUREAU OF LAND MANAGEMENT

CHAPTER 15-APPROPRIATION OF WATERS; RESERVOIR SITES SEC. 666. SUITS FOR ADJUDICATION OF WATER RIGHTS—(a) JOINDER OF UNITED STATES AS DEFENDANT; COSTS

Consent is given to join the United States as a defendant in any suit (1) for the adjudication of rights to the use of water of a river system or other source, or (2) for the administration of such rights, where it appears that the United States is the owner of or is in the process of acquiring water rights by appropriation under State law, by purchase, by exchange, or otherwise, and the United States is a necessary party to such suit. The United States, when a party to any such suit, shall (1) be deemed to have waived any right to plead that the State laws are inapplicable or that the United States is not amenable thereto by reason of its sovereignty, and (2) shall be subject to the judgments, orders, and decrees of the court having jurisdiction, and may obtain review thereof, in the same manner and to the same extent as a private individual under like circumstances: Provided, That no judgment for costs shall be entered against the United States in any such suit.

(b) Service of summons

Summons or other process in any such suit shall be served upon the Attorney General or his designated representative.

(c) Joinder in suits involving use of interstate streams by State

Nothing in this section shall be construed as authorizing the joinder of the United States in any suit or controversy in the Supreme Court of the United States involving the right of States to the use of the water of any interstate stream. (July 10, 1952, ch. 651, title II, § 208 (a)—(c), 66 Stat. 560.)

(7) SECTION 3 (e) oF THE SUBMERGED LANDS ACT OF MAY 2, 1953 (67 STAT. 31) TITLE II-LANDS BENEATH NAVIGABLE WATERS WITHIN STATE BOUNDARIES

SEC. 3 (e). RIGHTS OF THE STATES

Nothing in this Act shall be construed as affecting or intended to affect or in any way interfere with or modify the laws of the States which lie wholly or in part westward of the ninety-eighth meridian, relating to the ownership and control of ground a nd surface waters; and the control, appropiration, use, and distribution of such waters shall continue to be in accordance with the laws of such States. (67 Stat. 31.)

(8) SECTION 4 OF THE ACT OF AUGUST 4, 1954 (68 STAT. 667)

PUBLIC LAW 556, AUGUST 4, 1954 (68 STAT. 667)

SEC. 4. The Secretary shall require as a condition to providing Federal assistance for the installation of works of improvement that local organizations shall

(1) acquire without cost to the Federal Government such land, easements, or rights-of-way as will be needed in connection with works of improvement installed with Federal assistance;

(2) assume such proportionate share of the cost of installing any works of improvement involving Federal assistance as may be determined by the Secretary to be equitable in consideration of anticipated benefits from such improvements: Provided, That no part of the construction cost for providing any capacity in structures for purposes other than flood prevention and features related thereto shall be borne by the Federal Government under the provisions of this Act;

(3) make arrangements satisfactory to the Secretary for defraying costs of operating and maintaining such works of improvement, in accordance with regulations presented by the Secretary of Agriculture;

(4) acquire, or provide assurance that landowners have acquired, such water rights, pursuant to State law, as may be needed in the installation and operation of the work of improvement; and

(5) obtain agreements to carry out recommended soil conservation measures and proper farm plans from owners of not less than 50 per centum of the lands situated in the drainage area above each retention reservoir to be installed with Federal assistance.

(9) SECTION 4 (B) OF THE ACT OF JULY 23, 1955 (69 STAT. 368)

PUBLIC LAW 167, ACT OF JULY 23, 1955 (69 STAT. 368)

SEC. 4 (b). Rights under any mining claim hereafter located under the mining laws of the United States shall be subject, prior to issuance of patent therefor, to the right of the United States to manage and dispose of the vegetative surface resources thereof and to manage other surface resources thereof (except mineral deposits subject to location under the mining laws of the United States). Any such mining claim shall also be subject, prior to issuance of patent therefor, to the right of the United States, its permittees, and licensees, to use so much of the surface thereof as may be necessary for such purposes or for access to adjacent land: Provided, however, That any use of the surface of any such mining claim by the United States, its permittees or licensees, shall be such as not to endanger or materially interfere with prospecting, mining or processing operations or uses reasonably incident thereto: Provided further, That if at any time the locator requires more timber for his mining operations than is available to him from the claim after disposition of timber therefrom by the United States, subsequent to the location of the claim, he shall be entitled, free of charge, to be supplied with timber for such requirements from the nearest timber administered by the disposing agency which is ready for harvesting under the rules and regulations of that agency and which is substantially equivalent in kind and quantity to the timber estimated by the disposing agency to have been disposed of from the claim: Provided further, That nothing in this Act shall be construed as affecting or intended to affect or in any way interfere with or modify the laws of the States which lie wholly or in part westward of the ninety-eighth meridian relating to the ownership, control, appropriation, use, and distribution of ground or surface waters within any unpatented mining claim.

(10) ACT OF JUNE 4, 1897 (30 STAT. 36), RELATING TO FOREST RESERVATIONS

All waters on such reservations may be used for domestic, mining, milling, or irrigation purposes, under the laws of the State wherein such forest reservations are situated, or under the laws of the United States and the rules and regulations established thereunder. (Sec. 481, Title 16, U. S. C.)

Senator ANDERSON (presiding). The next witness is Matt Triggs, of the American Farm Bureau Federation. Will you first state your name, please, for the record.

STATEMENT OF MATT TRIGGS, ASSISTANT LEGISLATIVE DIRECTOR, AMERICAN FARM BUREAU FEDERATION

Mr. TRIGGS. My name is Matt Triggs. I am assistant legislative director for the American Farm Bureau Federation.

I have no prepared statement, Mr. Chairman. My comments are rather brief.

The opportunity of presenting the views of the American Farm Bureau Federation with respect to this issue is sincerely appreciated. Our statement is based upon the policy approved at our last annual meeting of the official voting delegates of the member State Farm Bureaus reading in part as follows:

State laws and established water rights must be recognized at all times. We recommend that Congress pass uniform legislation requiring that all Federal agencies with responsibilities for water programs proceed in accordance with the letter and spirit of the State water laws.

We note with interest the views of some of the Federal agencies as expressed to this committee. It seems to be their view that Federal agencies should recognize State law when they determine it convenient and feasible to do so.

The right to use water is a property right. The Congress has on numerous occasions declared that in the 17 Western States, State governments should have jurisdiction with respect to the control and development of water and the establishment of private and public right to use such resource. There can be no question of the authority of the Congress to recognize and establish this responsibility and authority in the hands of State governments. Any right or title of the Federal Government in the water of the Western States has been or should be considered to have been quitclaimed to the States.

Under these circumstances, in our opinion, it is conceivable that Federal agencies still dispute the sovereignty of States to control the States water resources.

If the Congress approves a Federal project of any kind, this does not establish any right of a Federal agency to seize without due process of law any land which may be required for such project, and likewise if the Congress approves a Federal project involving the use of water, this should not in our opinion establish any right of any Federal agency to seize the right to use water without due process of law. We believe that Federal agencies should be required to apply to appropriate State agencies pursuant to applicable State law for the right to use water necessary for the operation of any project. It should be within the authority of the State government to decide the authorization to be granted to the Federal agency relating to the use of water.

We do not believe that the requirement that a Federal agency must obtain approval of the State government with respect to the use of water will stand in the way of undertaking any Federal project. In the great majority of instances, the demand for the project has come from the State and from the residents of the State. If the State wishes the project to go ahead, it becomes incumbent upon the State to approve such use of water as is consistent with State law.

In the case of interstate rivers, we believe it is equally imperative that the allocation and use of water be developed by interstate compact prior to project construction.

It is, we submit, folly for a Federal agency to proceed with any project unless and until the whole question of water rights has been settled. If the Federal agency proceeds without such clarification, it runs the risk that it will conduct a project which on the basis of subsequent court decisions it may not be able to operate.

Another facet of the problem is the right of the Federal agency to use water which originates on Federal land. We submit that the law in such instances should be that the Federal Government has exactly the same right, than would be provided under State law to private individuals if the land happened to be owned by private individuals. A Federal agency should have no paramount or superior right which overrides private rights or State law.

We submit this is a simple legal concept and one which can be readily understood by Federal agencies and by the courts. But if we assume any other legal theory or if we assume that the right of Federal agency to use water is in some not entirely clear manner to be superior to State law, we immediately create an uncertainty, a vagueness in the legal situation, which defies understanding and consistent judicial analysis.

We wish to express appreciation to Senator Barrett, and the other Senators who have joined with him, for leadership in this matter and to members of the subcommittee for the careful consideration they are giving to the issue.

Despite the views of some of the Federal agencies expressed here, we would like to urge that the committee approve the bill. The issue is clear. We do not believe that further study as suggested by the Justice Department would clarify the problem. We believe the matter should be brought to issue, and that the historical policy of the Congress in this connection should be reaffirmed.

I thank you, Mr. Chairman.

Senator ANDERSON. Thank you, Mr. Triggs, for your statement. You say that is part of the policy developed by the American Farm Bureau at its regular meeting?

Mr. TRIGGS. Yes, sir. The first part that I read has been our policy for many years. The last sentence that I quoted from our policy was developed at our annual meeting in recognition of the Pelton Dam

case.

Senator ANDERSON. I have had some experience and know how carefully the Farm Bureau goes about the business of developing policy. I wanted to be sure it was Farm Bureau policy.

Mr. TRIGGS. Yes, sir.

Senator ANDERSON. Thank

you very much.

Senator BARRETT. Mr. Chairman, I am sorry that I was called out while Mr. Triggs was testifying. However, I am familiar with the resolution of the American Farm Bureau and appreciate very much his kindness in coming up here and testifying in support of this bill. The Farm Bureau has taken a very firm stand as far as we people in the Western States are concerned on this question of water rights and many other questions, I may say, and we appreciate very much their cooperation. I can say that the Farm Bureau and Mr. Triggs have cooperated with we people in the Mountain States many times when perhaps the Farm Bureau has not exactly set it as policy, but in any event we know the Farm Bureau is sympathetic to our problems. This is a peculiarly important problem to us because of the fact that