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ment, and such other conservation storage as needed, should be allocated to irrigation of the Canton projects lands. (See attached resolution by the Oklahoma Planning and Resources Board, dated August 14, 1942.)
2. The Optima Reservoir authorized by Congress in the 1936 Flood Control Act should be reconsidered in order to complete the flood-control plan and provide additional conservation storage needed to completely develop the water resources of the North Canadian River Basin. The State of Oklahoma considers it advisable to shift the cite of the Optima Reservoir to the mouth of Coldwater Creek in order to secure added storage capacity, and to control more drainage area.
3. The flood-control measures as recommended for Oklahoma City are urgently requested. However, it is advisable to modify this project in order to accommodate a proposed airport adjacent to the south bank of the North Canadian River. Oklahoma City has made preliminary plans for this airport estimated to cost approximately $5,000,000. The city informs me that they are unable at this time to furnish definite plans and therefore are unable to advise the exact modifications in the proposed floodway and levee system which are necessary. Oklahoma City has expressed a desire to cooperate with you in this matter and are willing to meet local requirements, imposed by law, in order to obtain the resulting flood protection and improvements. (See letter of March 3, 1945, Ralph Lee, city engineer, city of Oklahoma City, Oklahoma City, Okla.)
4. Changed economic conditions, especially as they affect agriculture, point to the advisability of restudy of tributary reservoirs and channel improvements on Deep Fork River and tributaries. Special consideration of dam and spillway design for tributary reservoirs on this stream are likely to result in finding less cost for construction, thus making the ratio of cost benefits more attractive.
We do not concur with the opinion of the district engineer in his preferred plan for a dam at mile 81.4 known as the Okmulgee Reservoir.
Therefore, I concur with the recommendations made by you to the Secretary of War in your letter of transmittal to him under subject head, "North Canadian River, Okla. and Tex.," with the reservations that in future review reports the matters pertaining to the Optima Reservoir, the Canton project, and the Deep Fork River, and other projects now under your jurisdiction, namely, drainage and recreational development, be given due consideration. Sincerely,
Dox McBride, Chairman.
RESOLUTION OF OKLAHOMA PLANNING AND RESOURCES BOARD, AUGUST 14, 1942
Whereas the Oklahoma Planning and Resources Board is charged by statutes to promote the best use of the resources of the State of Oklahoma in the following particulars:
"It shall be the function and duty of the Oklahoma Planning and Resources Board to prepare and adopt an official State Plan for the physical development of the State. Such an official plan * * * shall show the Board's recommendation for the development of the State * * * and may include, among other things, the general location, character, and extent of waterways * flood-prevention works * * * conservation projects, land utilization program for agricultural, mineral, forestry, dams for water power, industrial, and other purposes * * * which by reason of their functions, size, extent, location, legal status, or other reason, fall within the province or jurisdiction of State bodies or State Officials or which for any other reason are appropriate subjects of, or fall appropriately within the scope of a State, as distinguished from a local program or plan." (0. S. 1941, title 74, sec. 345.)
“The retention of rainfall and the capture and detention and distribution of flowing surface and subterranean water, and conservation of water, soil, and promotion of moisture, in the State of Oklahoma, in any lawful, available, and economical manner is hereby recognized and declared to be and is a public necessity for the preservation of the habitability, productivity, * * * convenience, and public utility of the State of Oklahoma, and the people thereof." (0, S. 1941, title 82, sec. 455.)
"In the consummation of said conservation, it is hereby declared a public necessity to promote, build, and encourage the building of lakes, reservoirs, ponds, the terracing of lands, the prevention of wind and water erosion, the promotion of contour cultivation of lands, the irrigation of lands, and the saturation and storage of water in lands * * *." (0. S. 1941, title 82, sec. 456.)
"The Oklahoma Planning and Resources Board is hereby vested with the duties and powers necessary and proper * * * to promote the control of floods in the State and diminish their destruction and promote the conservation and use of waters in the State to the protection of public and private property and to the development of agricultural and industrial development of the State and in addition thereto, shall have the following specific powers and duties :
(a) “Investigate and determine upon the best methods of flood control and water conservation and use in the different sections of the State for the Agricul. tural and Industrial development of the State and as to the best method of construction and maintenance of necessary structures in the State to accomplish that purpose.
(0) "Prescribe rules and regulations not inconsistent with this Act or other laws * * *.
(0) "The Oklahoma Planning and Resources Board shall have authority to negotiate contracts with the Federal Government or any department or bureau thereof, * * * for the purpose of obtaining assistance and cooperation in the accomplishment of the purpose of flood control and water conservancy and use in the State * * *.
(d) “To determine and map proposed conservancy and water improvement districts for preliminary purpose of estimate and cost, and effect, of a proposed conservancy district, for the purpose of submitting the question of the creation of said proposed district.” (O. S. 1941, title 82, sec. 482.)
"The Oklahoma Planning and Resources Board is hereby authorized to exercise the following * * * rights, privileges, and functions :
(a) “To control, store, and preserve within the boundaries of the State, all waters in the State which may be stored within the State in any manner whatsoever, for any useful purpose * * *, and to use, dispose, and sell the stored water within the boundaries of the State, except as to such waters duly appropriated to private, municipal, or public use;
(6) "To control rivers, creeks, ponds, and lakes, to prevent or aid in the prevention of, damage to person or property from such harmful waters within the State of Oklahoma * * *;
(c) “To do any and all other Acts or things necessary or convenient to the exercise of the powers, rights, and privileges or functions upon it conferred by this Act * * *." (0. S. 1941, title 82, sec. 486.)
"It shall be the duty of the Oklahoma Planning and Resources Board * * * to begin the capture and impounding of flowing streams as near as practicable at the head of the stream sought to be captured, and shall construct canals het * * to conduct such conserved waters to the uplands and there * * * distribute the same into the soil * * * to the end that the greatest restoration of the ground water and water supply be availed.” (O. S. 1941, title 82, sec. 488.)
"The Oklahoma Planning and Resources Board is hereby authorized and empowered to determine and map proposed water conservancy and/or water improvement districts and/or soil erosion prevention districts and to perfect the organization of such proposed districts * * *." (0. S. 1941, title 82, sec. 501.)
"When, in the opinion of the Oklahoma Planning and Resources Board, the organization of irrigation, flood control * * * districts is necessary and expedient to effect the purposes and intentions of * * * this Act, said Board may perfect the organization of said district or districts * * *" (O. S. 1941, title 82, sec, 502); and
Whereas the statutes declare:
“Beneficial use shall be the basis, the measure, and the limit of the right to the use of water, and all water appropriated for irrigation purposes shall be appurtenant to specified lands owned by the person claiming the right to use the water, so long as the water can be beneficially used thereon. Priority in time shall give the better right: Provided, That in all cases of claims to the use of water initiated prior to November 15th, 1907, the right shall relate back to the initiation of the claim and beneficial use of such water. All claims to the use of water initiated thereafter shall relate back to the date of receipt of an application therefor in the office of the State engineer, subject to compliance with the provisions of this chapter and the rules and regulations established thereunder” (O. S. 1941, title 82, sec. 1).
“The Oklahoma Planning and Resources Board shall make hydrographic surveys and investigations of each stream system and source of water supply in the State beginning with those most used for irrigation, obtaining and recording all available data for the determination, development, and adjudication of
the water supply of the State. It shall be authorized to cooperate with the agencies of the Federal Government engaged in similar surveys and investigations, and in the construction of works for the development and use of the water supply of the State, expending for such purposes any money available for the work of its office, and may accept and use, in connection with the operations of its departments, the results of the work of the agencies of the Federal Government" (0. S. 1941, title 82, sec. 11).
"Any person, intending to acquire the right to the beneficial use of any water, shall, before commencing any construction for such purposes, or before taking the same from any constructed works, make an application to the Oklahoma Planning and Resources Board for a permit to appropriate in the form required by the rules and regulations established by it" (O. S. 1941, title 82, sec. 21); and
Whereas the determination of all rights to the use of water in the North Canadian River has been prosecuted to a final adjudication in the District Court in and for Oklahoma County, State of Oklahoma, and such adjudication was made upon the basis of a hydrographic survey of the North Canadian River stream system; and
Whereas the United States by the Department of the Interior has requested, in pursuance to the provisions of the laws of the State of Oklahoma, that all unappropriated waters of the North Canadian River and its tributaries be withdrawn from further appropriation, and has declared its intentions to use such unappropriated waters, and has developed preliminary plans for such use which have been submitted to the Oklahoma Planning and Resources Board for revision ; and
Whereas the statutes declare:
“Whoever wilfully and maliciously deposits excrements, or foul or decaying matter, or in any manner corrupts any spring or reservoir used for domestic purposes * * He shall be punished by a fine * * * or by imprisonment * * *" (0. S. 1941, title 63, sec. 27).
"No person, company, corporation, institution, or municipality shall let a contract or contracts for any construction work * * * for sewerage disposal and treatment plan, or for any extensions * * * to be placed or discharged into any of the waters of the State without written permit * * " (0. S. 1941, title 63, sec. 614).
"The Oklahoma Planning and Resources Board is hereby given the right and authority to regulate and control the pollution of all streams, creeks, lakes, rivers, water courses, and subsurface water, in the State of Oklahoma and flowing through the State of Oklahoma. If any person, firm, or corporation shall violate any law, rule, or regulation, said violation thereof shall be deemed a misdemeanor *• * *." (0, S. 1941, title 74, sec. 351C).
Therefore it is the decision of the Oklahoma Planning and Resources Board that each municipal government, industry, or any firm, corporation, or individual is responsible for adequate treatment of its sewage before disposing of same into the North Canadian River, and that the most practical economic development of the North Canadian River above Oklahoma City depends upon irrigation to stabilize agriculture.
Further, it is the decision of the Oklahoma Planning and Resources Board pertaining to the use of waters of the North Canadian River that irrigation shall have a superior right over the use of waters for dilution of pollution.
Further, it is the decision of the Oklahoma Planning and Resources Board that the plans of the United States Army engineers for the control of floods on the North Canadian River above Oklahoma City, the Department of Agriculture for water-flow retardation, and the Bureau of Reclamation of the Department of the Interior for irrigation development, are adopted as the State plan for the development of the water resources of the North Canadian River.
OKLAHOMA CITY, OKLA., March 3, 1945. Mr. Don McBRIDE, Chairman, State Planning and Resources Board,
Oklahoma City, Okla. DEAR MR. MCBRIDE: With reference to contemlated flood control on the North Canadian River, affecting Oklahoma City, I wish to point out the following pertinent facts on that portion of flood control between Exchange and Walker Avenues.
As you know, the city of Oklahoma City is on official record by action of the Aviation Commission and the city council for the building of a downtown airport south of the river channel in that vicinity. Oklahoma City plans to spend in the neighborhood of $5,000,000 on this airport, which will be an air terminal.
Several conferences have been held during recent months, one of which was in the fall, in the office of the city manager, and was attended by Brig. Gen. E. M. Marks, United States Army Engineers, Dallas, Tex., and Col. F. J. Wilson of Tulsa, Okla. It was generally agreed at this meeting that it would be desirable and economically sound to place the new channel as far north as practical for the purpose of reclaiming and making available the maximum land for an airport site.
Until we have further engineering data on the airport site and have established our definite plans and lay-out, we are unable to advise what changes, if any, would be desirable, other than those shown on maps in appendix 1, sheet No. 76, of United States Engineers' Survey and Report, prepared by the Tulsa office, and dated April 30, 1940.
There is a possibility that when complete surveys and aeronautical studies have been made, it will be found desirable and economically justifiable to place the channel further north than now contemplated.
I wish to point out the economic value of making the maximum land available for airport purposes in that the only other municipally owned and operated airport is more than 8 miles from the heart of the city, whereas this contemplated airport would be approximately 1 mile from the city hall. An airport in this location would make it possible to serve smaller cities of Oklahoma in the surrounding territory with feeder airline service, whereas the present airport facilities, being so far from the center of the city, would depreciate the value of such service if established without a close-in downtown airport in the largest city of the State.
Furthermore, the establishment of an airport on this site would beautify an unsightly stretch of land in the river basin which now divides the city into two parts. It would also eliminate health hazards which now exist because of the terrain and the use thereof. Yours very truly,
Ralph LEE, City Engineer. Copy to C. F. Aurand, City Manager, Steadham Acker, Airport Consultant.
DEPARTMENT OF THE INTERIOR,
Washington 25, D. C., October 5, 1945. Lt. Gen. RAYMOND A. WHEELER,
Chief of Engineers, War Department. MY DEAR GENERAL WHEELER: On July 7, 1945, General Reybold transmitted to me, for my information and comment, a copy of the proposed report on a preliminary examination and survey of North Canadian River, Okla. and Tex., and Beaver River, Okla., together with the reports of the Board of Engineers for Rivers and Harbors, and of the division and district engineers. In accordance with section 1 of the Flood Control Act of 1944, General Reybold asked for my views on the report by October 10, 1945.
The report discusses needed flood control on the North Canadian River in Oklahoma and Texas and on Deep Fork River, its principal tributary. Conclusions reached were that additional reservoir construction, other than the Fort Supply and ('anton Reservoirs, was not economically justified at the present time. Justification was found for the construction of a leveed floodway on the North Canadian River at Oklahoma City, for the protection of urban and industrial property.
The proposed construction of the leveed floodway at Oklahoma City is satisfactory to this Department.
The Bureau of Reclamation has continued general investigations in the North Canadian River Basin since the survey report was issued on April 30, 1940, and substantial modification of plans for irrigation development has been made since that time, which is not now shown in the report. Studies by the Bureau of Reclamation show a need for 69,000 acre-feet of storage capacity in Canton Reservoir, which should be definitely assigned to irrigation. As indicated in your report, 40,000 acre-feet of capacity is to be set aside in Canton Reservoir for pollution abatement. In this connection consideration may well be given to the
fact that application for withdrawal of the waters of the North Canadian River was made by letter of July 13, 1939, from the Assistant Secretary of the Interior to the Oklahoma Planning and Resources Board. A resolution adopted by the Oklahoma Planning and Resources Board, dated June 5, 1945, and transmitted to the Chief of Engineers by letter dated June 27, 1945, contained the following statement:
“That this Board does ratify and confirm the withdrawal of unappropriated waters of the North Canadian River and its tributaries by the United States for the use and benefit of irrigation in the North Canadian River Basin, including the Canton project, in pursuance of the Federal reclamation laws, and of the aforecited provisions of the Oklahoma laws, by the aforementioned letter from the Assistant Secretary of the Interior of July 13, 1939, and by the filing of said project plans with this Board on February 12, 1942, by. letter from the Chief Engineer, United States Bureau of Reclamation, and in pursuance thereof this Board finds that all of the unappropriated waters of said stream and tributaries vests in the United States for use and benefit of the North Canadian River Basin, including the Canton project, as of July 14, 1939. * * *"
The possibility of a multiple-purpose reservoir at the Optima site would be of interest to the Bureau of Mines and others if low-cost power could be developed for use by the metallurgical industry. Also, incident to further studies, it is desirable that provision be made for adekuate investigation of the quantity, quality, and occurrence of surface and ground waters. Such records are needed for later review of plans, operation, and appraisement of benefits or damages resulting from the reservoirs discussed in the report and for appropriate coordination with the best utilization of the natural resources in general.
The investigation by the Bureau of Reclamation of the Palo Duro Reservoir has not been mentioned in the report. This potential project may have some flood control benefits, as well as irrigation benefits, which would accrue to lands on Palo Duro Creek, a tributary of the North Canadian River.
Water supply studies for possible future irrigation uses of water have been made in relation to 6,000 acres above Beaver Reservoir site; 4,000 acres between Beaver Reservoir site and Fort Supply project ; 2,000 acres in Laverne are (pumping) ; 6,000 acres between Fort Supply project and Canton Reservoir; and 5,000 acres between Canton Reservoir and Oklahoma City, exclusive of Canton project, and to be irrigated by return flows from the Canton project.
In paragraph 109, page 71' of the report, the following statement appears:
"Information furnished by the Bureau of Reclamation shows that irrigators cannot repay the cost of irrigation works and needed storage capacity in multiplepurpose reservoirs in this watershed if storage costs are allocated in proportion to capacity used.”
Although this statement is technically correct on the basis of repayment ability of the irrigators, this statement should not be used to infer that the benefits are not commensurate with costs. Available information indicates that annual benefits from multiple uses of water in the basin are in excess of the total project costs, and it seems that such should be shown in the report.
Discussions and conference held and reports exchanged between the district engineer's office and the Bureau of Reclamation, since the report was issued in 1940, point to the desirability of revising the report. I believe that a comprehensive basin-wide plan under present and anticipated future conditions may show a feasibility and need for more development than the present report finds. Sincerely yours,
ABE FORTAS, Acting Secretary of the Interior.
ARKANSAS AND WHITE RIVER BASINS
The CHAIRMAN. I believe that we have completed the individual projects and the schedule of hearings up to and including this hour and This date, except the remaining matter on the Arkansas and the White Rivers and their tributaries. What additional authorizations do you recommend and would you submit for our consideration? I will ask you what presently is available on the Arkansas ? As I understand, there is about $155,000,000 of work which has been approved and $85,000,000 of that has been authorized, and it will take about