There is submitted herewith a survey of federal legislation concerning water resources, entitled "Water-Resources Law." This survey summarizes materials assembled during a comprehensive study and review of all existing waterresources legislation, a study and review undertaken pursuant to the President's letter to you of January 3, 1950. There is a very large amount of relevant legislation, a century's accumulation governing and affecting the activities of many federal agencies. In the main, the survey groups laws on the basis of the functional purpose served. Thus, after a preliminary examination of certain constitutional considerations, attention is given to statutes relating to navigation, flood control, irrigation, power, other public purposes, and related land uses. These groupings are followed by an examination of the trends in the different statutes moving toward comprehensive development. Finally, the different bodies of law are laid side-by-side and comparatively summarized. Obviously, such a process makes for unavoidable duplication. But this organizational treatment seems best adapted to a review of the evolutionary development of the several bodies of law relating to the single subject of water re sources. It may also be noted that each chapter excepting the last concludes with a summary. A brief summary of the entire survey is printed as chapter 19 of volume 1 of the Commission's report. Also included as an appendix to volume 3 are independently prepared summaries of the water-law doctrines of the seventeen Western States. In addition to acting as legal consultants to the Commission and its Staff, the following participated directly in the preparaton of the survey: I take this opportunity to express to the legal staff my deep gratitude for their unfailing cooperation, and also my thanks to the numerous individuals in the various agencies who generously aided by consultation and otherwise. Your legal staff joins in expressing our appreciation for the privilege of working with the Commission, and of undertaking this assignment in the public service. Yours very sincerely, Dernard A. Zoster, Jr Bernard A. Foster, Jr., General Counsel. |