1 2 11 (b) "Colorado River Basin States" means the States of Arizona, California, Colorado, Nevada, New 4 SEC. 604. There are hereby authorized to be appropri 5 ated such sums as may be required to carry out the objective Hon. JAMES A. HALEY, DEPARTMENT OF AGRICULTURE, OFFICE OF THE SECRETARY, Chairman, Commitice on Interior and Insular Affairs, U.S. House of Repre sentatives. DEAR MR. CHAIRMAN: This is in response to your request of January 29, 1974, for a report from the Department of Agriculture on H.R. 12165, a bill "To authorize the construction, operation, and maintenance of certain works in the Colorado River Basin to control the salinity of water delivered to users in the United States and Mexico." This Department favors enactment of the Administration's bill, H.R. 12834, in lieu of Title I of H.R. 12165 and deferment of consideration of the upsteam proposals in Title II of H.R. 12165. Title I of H.R. 12165 addresses programs downstream from Imperial Dam and would authorize: (1) construction, operation, and maintenance of a desalting complex near Yuma, Arizona; (2) concrete lining of a 49-mile portion of the Coachella Canal; and (3) construction of a well field to utilize ground waters of the Yuma Mesa division. Title II of H.R. 12165 addresses measures upstream from Imperial Dam and would authorize: (1) construction and operation of salinity control units; (2) expeditious completion of planning reports; (3) establishment of a Colorado River Basin Salinity Control Advisory Council; and (4) an upward adjustment in rates charged for electrical energy to cover the 25 percent nonfederal cost of the construction, operation, maintenance, and replacement of the salinity control units. Further consideration of Title II should be deferred pending resolution of a number of major policy issues such as (1) clarification of the status of the recommendations of the referenced salinity conference in the matter of pollution of the interstate waters of the Colorado River with respect to present enforcement of the Federal Water Pollution Control Act Amendments of 1972 (P.L. 92-500); (2) an assessment of the national as well as international implications of the proposal; (3) cost-sharing arrangements to insure equitable division of the costs; and (4) determination of applicable planning policies and procedures. Studies are presently underway by states to recommend programs for nonpoint source control in accordance with Section 305(b) (1) (E) of P.L. 92-500. These recommendations will be available January 1, 1975; and will be very useful in molding a viable national salinity control program. The Department of Agriculture has the capability to perform diffuse source control and irrigation source control through research, education, technical and financial assistance for water management and land treatment and should be an essential part of any comprehensive treatment program for controlling salinity. An acceleration of this Department's current program would require additional resources. The Office of Management and Budget advises there is no objection to presentation of this report to the Congress and that enactment of H.R. 12834 would be in accord with the program of the President. Sincerely, J. PHIL CAMPBELL, UNITED STATES DEPARTMENT OF THE INTERIOR, Hon. JAMES A. HALEY, OFFICE OF THE SECRETARY, Chairman, Committee on Interior and Insular Affairs, DEAR MR. CHAIRMAN: This responds to your request for our views concerning H.R. 12834, "To authorize the measures necessary to carry out the provisions of minute numbered 242 of the International Boundary and Water Commission, concluded pursuant to the Water Treaty of 1944 with Mexico (TIAS 994), entitled 'Permanent and Definitive Solution to the International Problem of the Salinity of the Colorado River' ", which was proposed by the Administration and H.R. 12165, a bill "To authorize the construction, operation, and maintenance of certain works in the Colorado River Basin to control the salinity of water delivered to users in the United States and Mexico." We recommend that H.R. 12834 be enacted and that H.R. 12165 not be enacted. Because H.R. 12834 and Title I of H.R. 12165 are directed at carrying out an international agreement with Mexico, we defer to the Department of State for comment on the international aspects of these proposed measures. H.R. 12834 authorizes the implementation of an agreement with the Government of Mexico to resolve the international problem of the salinity of Colorado River waters delivered to Mexico under the Water Treaty of 1944. The principal means of carrying out this agreement is construction of a desalting complex to reduce the saline flows of a major portion of the water returning to the Colorado River as drainage from the Wellton-Mouawk Irrigation and Drainage District in Arizona. Related measures are also contemplated, including lining of a 49 mile reach of the Coachella Canal in southern California, reduction of acreage and improved irrigation efficiency and agricultural practices in the District, and more extensive regulation of the Gila River. H.R. 12165 is directed at the much broader problem of the overall salinity of the Colorado River. Title I directs the Secretary of the Interior to undertake specific measures to deal with the salinity of Colorado River waters delivered to Mexico at the Northerly International Boundary. These include the measures which would be authorized by H.R. 12834 as well as contingent authorization for development of a protective ground water pumping scheme along the U.S.-Mexico border at an authorized cost of $34 million. With respect to agency jurisdiction for implementation of this proposed program, we do not believe that this Department should be given overall responsibility for ensuring that the obligations of this agreement with Mexico are fulfilled. That responsibility appropriately belongs to the State Department. The necessary coordination of these proposed international measures with Federal domestic programs and projects can be carried out through consultation with this Department and other appropriate Federal agencies, as provided in H.R. 12834. Title II of H.R. 12165 would authorize certain measures upstream of Imperial Dam to deal with related domestic salinity problems. It would direct implementation of the salinity control policy adopted for the Colorado River in the "Conclusions and Recommendations" of the April 1972 Seventh Conference on Colorado River water quality and would require expediting the salinity control program described in the Secretary's report entitled "Colorado River Water Quality Improvement Program, February 1972." It would authorize four salinity control unitsParadox Valley and Grand Valley in Colorado, Crystal Geyser in Utah and Las Vegas Wash in Nevada. The Secretary of the Interior would be required to complete expeditiously and submit to the President, Congress and other agencies specified planning reports on units in the Secretary's 1972 report referred to above. The bill would establish a Colorado River Salinity Control Advisory Council and would specify the principles of cost sharing for units to be constructed pursuant to its provisions. The Secretary would be authorized to increase power rates under the Colorado River Storage Project Act to cover the portion of reimbursable costs of the units authorized by Title II that are allocated to the Upper Colorado River Basin States. The necessary feasibility studies for authorization of the four units which Title II would require the Secretary to construct have not been completed and we therefore recommend deferral of authorization for those units. We enclose, however, a status report on these and other units which bear on the salinity of the Colorado River. Much of the data and information included in this status report is preliminary and has not been reviewed by other Federal agencies. However, the report does indicate the progress made on this Department's ongoing Colorado River Water Quality Improvement Program. The Executive Branch currently has under review the policies and principles which should govern measures to deal with the salinity and other water quality matters on the Colorado and other similarly affected rivers. Until that review is complete, we are unable to support those provisions of Title II establishing such policies and principles. Congressional action in this area should be deferred in view of the precedential significance of this legislation and the importance of the unresolved questions. We intend to continue the studies as expeditiously as feasible and to the extent permitted by appropriations. The Office of Management and Budget has advised that enactment of H.R. 12834 is in accord with the program of the President and that there is no objection to the presentation of this report. Sincerely yours, JACK HORTON, Assistant Secretary of the Interior. Hon. JAMES A. HALEY, DEPARTMENT OF STATE, Washington, D.C., March 1, 1974. Chairman, Committee on Interior and Insular Affairs, DEAR MR. CHAIRMAN: The Secretary has asked that I reply to your letter of January 23 requesting a report on H.R. 12165, entitled "A Bill To authorize the construction, operation and maintenance of certain works in the Colorado River Basin to control the salinity of water delivered to users in the United States and Mexico." The Department of State transmitted to the Congress on February 7 the Administration's draft bill that would authorize the works and measures required to implement the agreement concluded with Mexico on August 30, 1973, and entitled "Permanent and Definitive Solution to the International Problem of the Salinity of the Colorado River." You introduced this bill by request, and it is now identified as H.R. 12834. The Department strongly recommends enactment of H.R. 12834 in lieu of H.R. 12165. H.R. 12834 is the result of an extensive inter-agency review, and presents the most practicable means of fulfilling the international obligations of the agreement with Mexico, with special consideration being given to minimizing any possible adverse impacts on U.S. water users within the Colorado River Basin. H.R. 12165 differs from H.R. 12834 in three major respects. H.R. 12165 would assign jurisdiction over the works proposed for implementation of the agreement with Mexico to the Department of the Interior. H.R. 12834 would assign responsibility for carrying out this international program to the U.S. Section of the International Boundary and Water Commission. The U.S. Section of the Commission is the appropriate Federal agency, because the proposed works are being constructed for implementation of the agreement and of the 1944 Water Treaty under which the agreement was concluded. The works are located on or along the boundary, a part of them actually crossing the boundary. The Water Treaty provides that "The works to be constructed or used on or along the boundary, and those to be constructed or used exclusively for the discharge of treaty stipulations, shall be under the jurisdiction of the Commission or of the respective Section, in accordance with the provisions of the Treaty. In carrying out the construction of such works the Sections of the Commission may utilize the services of public or private organizations in accordance with the laws of their respective countries." The assignment of jurisdiction should therefore properly go to the U.S. Section, with the U.S. Section calling on other Federal agencies to assist it as appropriate in the execution of the work. This the Section proposes to do as indicated in H.R. 12834. Section 103 of Title I of H.R. 12165 would authorize a system of wells along the U.S.-Mexico boundary for the purpose of counteracting the effect of a Mexican border well field on U.S. groundwaters and surface flows. The agreement with Mexico recognizes that the United States may install such a well field, but does not obligate the United States to do so. The cost is estimated at $34 million. This well field would be costly and is not required by the agreement with Mexico. The Department recommends that the Committee defer consideration of the authorization of a border well field at this time and until further studies can be undertaken by the Department of the Interior and this Department on this matter. Title II of H.R. 12165 would initiate an extensive domestic water quality improvement program, which significantly increases the total cost of the bill. The Department concurs in the objective to control the salinity of the Colorado River above Imperial Dam, but understands that the Department of the Interior and the Interior and the Environmental Protection Agency have not completed their studies and cannot recommend specific policies or projects at this time. More important for the Department of State, considering the serious international concern and purpose here involved, we believe that those measures necessary to implement the international salinity agreement should not be considered within the context of policies governing domestic programs but authorized separately. We therefore recommend that this proposed domestic program be considered separately at such time when the appropriate Federal agencies are able to provide the adequate supporting information to the Congress. The Department wishes to thank the Chairman and Members of the Committee for scheduling early hearings on this proposed legislation. Many of the provisions of the agreement are dependent on authorization of works or other measures, and full implementation depends on the appropriation and expenditure of funds. It is requested that H.R. 12834 be enacted as expeditiously as possible. The Office of Management and Budget advises that there is no objection to the submission of this report to the Congress, and that enactment of H.R. 12834 would be in accord with the program of the President. Sincerely yours, LINWOOD HOLTON, Assistant Secretary for Congressional Relations. Hon. JAMES A. HALEY, U.S. ENVIRONMENTAL PROTECTION AGENCY, Chairman, Committee on Interior and Insular Affairs, House of Representatives, Washington, D.C. DEAR MR. CHAIRMAN: This is in response to your request for the views of the Environmental Protection Agency on H.R. 12165, a bill "to authorize the construction, operation, and maintenance of certain works in the Colorado River Basin to control the salinity of water delivered to users in the United States and Mexico." The bill would provide for salinity control measures that would enable the United States to meet its obligations under the Mexican Water Treaty of 1944. Title I of the bill would authorize the Secretary of the Interior, in consultation the Secretary of State and the Administrator of the Environmental Protection Agency, to construct certain salinity control works and to take other measures as well to meet our treaty commitments. These would include (a) a desalting plant and related facilities to reduce the salinity of drain water from the Wellton-Mohawk division; (b) the necessary extension of the existing bypass drain to carry reject stream from the desalting plant; (c) the lining of a reach of the Coachella Canal; (d) the acquisition of lands above the Painted Rock Dam to permit the retention of increased quantities of water in times of serious flooding; (e) measures to improve irrigation efficiency; and (f) measures to reduce the irrigable acreage in the Wellton-Mohawk division. The cost associated with the implementation of this program would be nonreimbursable except as specifically provided in Title I. In addition to these projects and measures. Title I of the bill would also provide for protective pumping, under certain circumstances, along the U.S.-Mexican border. Title II of the bill would authorize a program designed to relieve problems caused by the increasing concentrations of dissolved solids in the Colorado River. It would authorize the Secretary of the Interior to construct four salinity control units and to complete planning reports on several additional irrigation, point and diffuse source control units. This Title would direct the Secretary, the Administrator of the Environmental Protection Agency, and the Secretary of Agriculture to cooperate and coordinate their activities to carry out the objectives of the Act. In addition, it would establish an adversary council composed of representatives of States in the Colorado River Basin. The council would act as liaison between both the Secretaries of Interior and Agriculture and the Administrator and the States, receive reports on the salinity control program, and recommend to the Secretary of the Interior and the Administrator appropriate studies directed at accomplishing the purposes of the Act. Title II contains provisions for payment of the Federal share of the cost of construction, operation, maintenance, and replacement of structures, allocation of the remainder among the States, and adjustments in rates charged for energy. The Secretary would be required to submit biennial reports, beginning on January 1, 1975, to the Congress, the President, and the Advisory Council. These reports would discuss progress made in investigating and constructing salinity control units, the effectiveness of the units, further work needed to meet the objectives of the Act, and special problems that may be impeding progress. The Environmental Protection Agency is opposed to the enactment of H.R. 12165. In lieu of Title I of H.R. 12165, the Environmental Protection Agency recommends enactment of H.R. 12834, the Administration proposal. While the basic |