Before the Federal Power Commission, In the Matter of Arizona Power Authority, Project No. 2248

Document: Before the Federal Power Commission, In the Matter of Arizona Power Authority, Project No. 2248, Petition of Stewart L. Udall, Secretary of the Interior, For Intervention, October 1, 1962, page 11Colorado River system under the order of the Supreme Court in Arizona v. California be known, considered, and carefully appraised before it is possible to proceed further with sound and effective planning for the comprehensive development of the water and land resources of the Lower Colorado system. To license the Marble Canyon Project at this time and in these circumstances would deprive the Secretary of the Interior of the opportunity to consider this project in connection with the discharge of the responsibilities laid upon him by the Congress for Colorado River planning and it would also deprive the Congress of the opportunity to consider this project in relation to the fundamental decisions regarding the Colorado River development that the Congress alone can make. Manifestly, therefore, a present decision to license the Marble Canyon Project cannot be squared with the duties imposed by Section 10 of the Federal Power Act. The Secretary represents that the Congress in its enactment of the Federal Power Act did not intend that that Act should, in a period of uncertainty as to the effect of an unknown legal decision which is certain to have far-reaching consequences, become a vehicle for ousting the Congress from its ability to take into consideration all relevant possibilities as it considers decisions as to the proper comprehensive development of the Colorado River. 10. In summary, it is the position of the Secretary of the Interior that: (a) The Congress has vested the Secretary with authority and directed him to formulate and execute a comprehensive plan for the 10Epson Perfection 4870 Photo, 400 dpi, 8 bit, 1,100,259 byte