United States of America Before the Federal Power Commission in the Matter of Arizona Power Authority Project No. 2248, Application for Reconsideration

Document: United States of American Before the Federal Power Commission In the Matter of Arizona Power Authority, Project No. 2248, Application for Reconsideration, September 6, 1963, page 1413 developments on the Colorado River contingent in no way upon the completion by the Secretary of plans for the River. And Section 2 (d) of the Boulder Canyon Project Adjustment Act (43 U.S.C. 618a(d) provides in pertinent part: "* * * Nothing in this Act shall be construed so as to prevent the authorization and construction of any such projects prior to the completion of said plan of comprehensive development; nor shall this Act be construed as affecting the right of any State to proceed independently of this Act or its provisions with the investigation or construction of any project or projects. * * *" With the States not being bound or restricted in any way by the Secretary's plans, it follows that this Commission in evaluating a State's application to construct a project on the River under the Federal Power Act is similarly not bound by the Secretary's plan for development. This is particularly so with reference to hydroelectric developments at the Marble Canyon site. Section 1 of the Act of June 14, 1934 (48 Stat. 960) provides with regard to the power-site lands there involved, including the Marble Canyon site: "The Federal Water Power Act of June 10, 1920 (41 Stat. L. 1063) and amendments thereto, shall operate for the benefit of the State of Arizona as if such lands were vacant, unreserved and unappropriated public lands. By this provision, Congress made clear (1) that the development of these power-sites, including the Marble Canyon site, should be pursuant to the Federal Power Act, not the Boulder Canyon Acts or other statutes administered by the Secretary and (2) thatEpson Perfection 4870 Photo, 400 dpi, 8 bit, 993,884 byte