STATEMENT OF ANDREW B. RIDDLE, JR., CITY ATTORNEY FOR ARDMORE, OKLA., AND ATTORNEY FOR THE ARBUCKLE MASTER CONSERVANCY DISTRICT

Mr. RIDDLE. Mr. Chairman and members of the committee, the city of Ardmore, Okla., was first identified as the 700 Ranch and is located midway between Dallas, Tex., and Oklahoma City, Okla., with U.S. Highways 70 and 77 intersecting at this city. The area in which the city of Ardmore is located was known in 1837 as the Chickasaw division of the Choctaw Nation, Indian Territory, and later, in 1855, it was officially designated the Chickasaw Nation. 1887 the Santa Fe Railway was brought through the present site. which is known as Ardmore, Okla., and legend relates one of the officials named it from the small town of Ardmore, Pa., a suburb of Philadelphia, Pa.

In

In the early days Ardmore was the trading point for farmers and ranchers of the Chickasaw Nation and its economy was founded upon the cotton market with 50,000 bales of ginned cotton being auctioned on the streets of Ardmore in 1892.

The growth of the city of Ardmore was greatly stimulated by the discovery of oil in 1913, this discovery contributing to the national prominence throughout the oil industry of the world. The principal industries that contribute to the development and growth are oil, cattle, agriculture, research, and recreation.

The climate, the terrain, and the recreational facilities near Ardmore make it a paradise for the man who loves the outdoors. The city is at an elevation of 890 feet above sea level. The population by the 1960 census is 20,184; and the installation of meters for utilities show a 4-percent growth in population, well above the national average, for the year 1961.

The Ben Franklin Refinery and the Big Chief Roofing Co. increased their combined water consumption from 15 million gallons per month to 30 million gallons per month, thus increasing substantially the water needs for the city of Ardmore. The population growth and the industrial increase in water consumption necessitates a larger

water reserve.

The present surface water supply of Ardmore consists of City Lake, which became a source of water supply in 1902; Mountain Lake, which was completed in 1922 and became a source of supply at that time; and in 1957, seven deep wells (800 feet in depth) were located 12 miles to the northwest of Ardmore, the area identified as the Newport Basin, that will produce 2 million gallons of water per day.

The two lakes have an approximate water storage of 1,800 million. gallons of water. The present water production records indicate that Ardmore for the year 1961 produced 1,022,443,000 gallons, or a daily average of 2,800,000 gallons. Our present records, also, indicate a production trend of 20 million gallons per month increase over the past 4-year average.

In addition to this increased production trend, we have at present an industrial consumers commitment for an increase of 550,000 gallons per day; therefore, the anticipated total production would be 4 million gallons per day. Assuming that it did not rain another drop from this day, Ardmore presently has 15 months of surface water supply. Using both surface water and well water the city of Ardmore has 30 months'

water supply. The growth in population and the industrial consumption of water make vital the securing of water reserves.

The city of Ardmore has every reason to be concerned with future water needs; during the drought in 1954 through 1956 it was necessary to ration its residents in the usage of water, which, in turn, due to the shortage of water, many shrubs, plants, and trees were lost, causing an economic loss to the citizens; also, the Ardmore Air Force Base rationed water taken from the Washita River to its personnel.

The Ardmore Air Force Base was deactivated in 1958, and subsequently this $20 million facility with $8 million worth of new buildings and 2,500 acres of land was returned to the city of Ardmore and in 1959 was renamed and is now known as the Ardmore Industrial Airpark. The city and the chamber of commerce have secured 6 new industries that presently employ 500 people. These employees pay taxes and help the economy of Ardmore. Land sites with utilities in place, and railway and highway connection will attract more industry. The construction of the Lake of the Arbuckles and the waterline by the industrial airpark, thence on to Ardmore, would insure industry at the airpark adequate water. Currently, water for the airpark is taken from the Washita River and the construction of upstream dams and flood prevention projects make this source questionable, as proven when water was rationed in 1954-56 at the airbase. Industry must have a dependable supply of water for sustained economic growth. The consumption of water has doubled since the first tenant moved to the airpark in January 1960; and the industrialization of the airpark has only begun.

Ardmore's assessed valuation is $15,384,000; the tax rate $71.50 per thousand. The city has a bonded indebtedness of $3,146,720. The economic base study of the Arbuckle mountain area of Oklahoma by the Bureau of Business Research, University of Oklahoma, dated August 1957, in the estimated future demand for water in the Ardmore

Considering the fact that the Lake of the Arbuckle waterline will serve both the industrial airpark and Ardmore, these figures for current water consumption are below what the city of Ardmore alone is consuming on a yearly average, not considering the 100,000 gallons a day used at the airpark. A conservative future estimate at the industrial airpark is 1 million gallons a day.

We, the city officials and other interested residents of the city of Ardmore, Okla., have studied the feasibility report and are of the opinion that this is a worthy and just project and that we of the city of Ardmore are prepared, when the Lake of the Arbuckles is authorized by the Congress of the United States, to submit to the citizens of Ardmore, by popular vote, the validation repayment schedule for

the construction of the proposed Lake of the Arbuckles. As evidence of our position, we are submitting to the honorable members of the Committee on Interior and Insular Affairs, House of Representatives, a current resolution which reaffirms our endorsement of the project and indicates our intention to participate in the future development of this project.

I would like to say, Mr. Chairman, that the Oklahoma Legislature saw fit to enact both a constitutional amendment and legislation by which the State of Oklahoma may cooperate with the Federal Government in projects of this kind. Under the constitution of our State and under the statutes of our State, we have in process now a master conservancy district. The petition has been filed. It has been referred to the proper State district court, and we are quite anxious to get it completed as soon as possible.

I appreciate your attention and thank you for your consideration. (The attachments to the statement follow :)

JANUARY 8, 1962.

To the Mayor and City Commissioners, Ardmore, Okla.: The airport board, at a regular meeting Monday, January 8, 1962, passed the following recommendation:

RESOLUTION

The airport board recommends to the city commission that they accept the Arbuckle project as a long-range water reserve for the industrial airpark and the city of Ardmore.

The average consumption of water for the city of Ardmore is 4 million gallons per day and at the present time has approximately 18 months' supply of surface water reserve. The industrial airpark for the past year has had an average of 200,000 gallons per day consumption.

We, the airport board, endorse the Lake of the Arbuckles. An 8-year surface water reserve will resolve the water needs necessary for the industrial growth and development of the airpark and Ardmore. In the interest of the continued industrial development of this area and to preserve the wildlife and stimulate the recreational facilities of this area, we urge this recommendation be adopted by the City Commission of Ardmore, Okla.

G. P. MIDDAUGH, Chairman, Airport Board.

Airport members present: Albert Riesen, Jr., Robert Batis, E. L. "Mike" Massad, Senator Tom Tipps, A. E. Plume, D. T. Dunford, and L. W. McGlothlin.

JANUARY 10, 1962.

Hon. P. M. BRIGANCE,
Mayor of the City of Ardmore, and
MEMBERS OF THE CITY COMMISSION.

GENTLEMEN: The board of directors of the Ardmore Chamber of Commerce at its regular meeting on January 9, 1962, unanimously recommended that the city of Ardmore reaffirm its official position of endorsement of the Lake of the Arbuckles project, pledge its continued support, and restate its intention to participate.

We, the board of directors, took this action because we earnestly feel that an abundant source of water is necessary for our continued industrial growth as well as for the welfare of our present citizens and for the general growth of the community at large and, further, because your indication of intent to participate at this time will permit our people at a later date to vote on this vital issue. Respectfully submitted.

DEAN RUTLAND, President.

Board members present and voting: Howard Brown, R. W. Colvert, I. C. Dennis, Darrell Green, C. M. Harvey, E. S. Horner, Max Knotts, Wayne Lawler, Cecil Lewis, Ward Merrick, Jr., Albert Riesen, Jr., Dean Rutland, John F. Snodgrass, Dr. J. Hobson Veazey, Wilson Wallace, and Jack Williamson.

To the Mayor and City Commissioners, Ardmore, Okla.:

JANUARY 12, 1962.

Your planning board in a session on Friday, January 12, 1962, at which they discussed a resolution pertaining to the Lake of the Arbuckles as a surface water supply, after a thorough discussion and after evaluating future needs for surface water, passed the following:

RESOLUTION

Be it resolved, That the Ardmore Planning Board recommends to the city commission that the city continue its effort to form a conservancy district, which will be responsible for a complete factual presentation of all of the facts necessary to formulate a repayment plan to be submitted to the citizens of Ardmore for their formal action.

JOEL L. BETTES, Chairman, Ardmore Planning Board.

Planning board members: Joel L. Bettes, chairman, T. Fred Collins, D. C. Dillard, Jo Kennedy, Jr., Ward S. Merrick, Sr., Charles A. Milner, H. R. Pretty, Charles Webb, Marjorie Williams, and Ruth Young.

RESOLUTION No. 1465

Whereas the Department of the Interior of the U.S. Government has recommended to the Congress of the United States that the Lake of the Arbuckles project be constructed for the principal purpose of storing, regulating, and furnishing of water for municipal, domestic, and industrial use, and for flood control, and for the conservation and development of fish and wildlife, and the enhancement of recreational opportunities; and

Whereas the U.S. Congress will schedule a hearing on a bill to authorize the Secretary of the Interior to construct, operate, and maintain said project; and Whereas heretofore the mayor and board of commissioners of the city of Ardmore, Okla., have endorsed the preliminary studies and other proceedings having to do with the development of said project; and

Whereas, the mayor of the city of Ardmore, Okla., by authority of the board of commissioners of said city, has signed the petition to form the Lake of the Arbuckles Master Conservancy District: Now, therefore, be it

Resolved by the mayor and the board of commissioners of the city of Ardmore, Okla., That this city council hereby reaffirms its official position of endorsement of the Lake of the Arbuckles project, pledges its continued support, and hereby states its intention, subject to ratification by a vote of the citizens and inhabitants of the city of Ardmore, to participate in the water repayment obligations as set forth in the Department of the Interior's plan for development; and be it further Resolved, That the Honorable P. M. Brigance, mayor of the city of Ardmore, R. C. Cavins, city manager of the city of Ardmore, and Andrew B. Riddle, Jr., city attorney of the city of Ardmore, or either of them, is hereby authorized to present this resolution in testimony to be given in support of said project before the U.S. Congress.

Passed by the city council of the city of Ardmore and signed by the mayor this the 15th day of January 1962. P. M. BRIGANCE, Mayor.

Attest: [SEAL]

City Clerk.

IN THE SUPREME COURT OF THE STATE OF OKLAHOMA

NO. 39959

IN RE ARBUCKLE MASTER CONSERVANCY DISTRICT

PETITION

To the Honorable Supreme Court of the State of Oklahoma:

Come now the undersigned who, together with the signers of exactly similar and duplicate copies hereof filed herein, constitute the number of signers required by law for such a petition, and respectfully pray for the organization of a Master Conservancy District, under the provisions of applicable law and the Statutes of the State of Oklahoma and in particular Sections 541, et seq., Title 82,

O.S.A., as amended, and as ground therefor and in furtherance thereof, respectfully represent and show to this Court as follows:

1. The name of said Master Conservancy District shall be Arbuckle Master Conservancy District.

2. The proposed work and district is necessary for the furnishing and distribution of water to the various municipalities within the district and for irrigation and the other purposes hereinafter set forth and will be conducive to the public health, safety, convenience and welfare.

3. (a) Said district is proposed to be established for the following purposes: (1) Of preventing floods;

(2) Of regulating the stream channels of Rock Creek and its tributaries by changing, widening, and deepening same;

(3) Of reclaming or of filling wet and overflowed land;

(4) Of providing for irrigation where it may be needed within said District; (5) Of regulating the flow of Rock Creek and its tributaries;

(6) Of developing and providing water for domestic, industrial and agricultural requirements, and to persons within the territory of the District; and this shall also include the construction, operation and maintenance of storage, distribution, treatment, supply and other works, installations, improvements and facilities necessary thereto, provided that said district shall not construct, operate, or maintain distribution facilities within the limits of any municipal corporation;

(7) To conduct preliminary surveys and to develop a plan for the comprehensive control, regulation and/or use of water from Rock Creek and its tributaries;

(8) To enable the acquisition, construction and maintenance of improvements and facilities for common benefit and/or use of constituent areas;

(9) To permit two or more municipal corporations and/or Conservancy Districts to pool their resources and cooperate to effect any or all of the foregoing;

(10) To enter into contracts with municipal corporations, persons, industrial corporations, and public agencies for the furnishing to them or by them of water, provided that said District shall not construct, operate or maintain distribution facilities within the limits of any municipal corporation;

(11) As incident to such purposes and to enable their accomplishment, to straighten, widen, deepen, divert or change the course or terminus of any natural or artificial watercourse; to build or rebuild reservoirs, canals, levees, walls, embankments, bridges or dams; to maintain, operate or repair any of the construction herein named; and to do all other things necessary for the fulfillment of the purposes of Chapter 5, and in particular, Sections 541, et seq., of Title 82, O.S.A., as amended.

(b) The improvements contemplated include the construction of the Arbuckle Reservoir on said Rock Creek and ancillary municipal water supply and irrigation diversion and distribution facilities within the district. The real estate comprising the proposed district is situated within Garvin, Murray and Carter Counties within the State of Oklahoma and the boundaries of said proposed district are as follows:

The boundaries or city limits of the municipalities of Wynnewood, Davis, Sulphur, Dougherty, and Ardmore (including Ardmore Industrial Airpark) Oklahoma.

A map of the territory included within the proposed district is attached hereto and made a part hereof in accordance with the provisions of Section 542 of Title 82, O.S.A., as amended. The territory comprising said district is not contiguous, but it is so situated that the public health, safety, convenience and welfare will be promoted by the organization as a single district of the territory above described, and the intervening territory will not be benefited by the construction of said works in the district so formed.

(c) The proposed work and purposes of said District shall be undertaken and implemented as its Board of Directors may determine in accordance with the applicable law and Statutes of the State of Oklahoma and the inclusion or enumeration herein of any particular work or purpose shall not be construed as requiring said District to undertake or implement such work or purpose unless the Board of Directors of such District shall determine the same to be necessary and feasible. 4. Said proposed District is located within District Court Judicial District No. 20 and District Court Judicial District No. 21 of the State of Oklahoma but said District No. 20 and in particular the District Court of Murray County, Oklahoma, of which Honorable W. J. Monroe is District Judge, is most conven