Memorandum on Reasons That prompted Preparing a Bill on Central Arizona Project

Memorandum, From Carl Hayden, May 10, 1963 (thermofax), page 74. THAT A PROVISION BE CONTAINED IN OUR BILL EXTENDING TO THE SECRETARY OF THE INTERIOR THE AUTHORITY TO COMPEL EXCHANGE OF COLORADO RIVER WATER FOR OTHER WATER. I am advised that under terms of the Boulder Canyon Project Act, the Secretary of the Interior has ample authority to approve the exchange of Colorado River water for local water; however, it should be kept in mind that the Secretary of the Interior does not have the right to force the holders of present valid water rights under Arizona law to exchange such water for Colorado River water against their will. It is doubtful that such authority could be constitutionally bestowed upon the Secretary by Congress, and I fear that any attempt to do so by our proposed legislation would serve to create apprehension and disagreement within the State. 5. THAT THE DIXIE PROJECT BE INCLUDED IN OUR BILL. It has been suggested that it might be advisable to include authorization of the Dixie Project in Utah in our Central Arizona Project Bill. I am sure you are all aware that a separate bill providing for authorization of the Dixie Project has already been introduced in the current session. It may be that Utah feels that she has a better chance of obtaining the Dixie Project by a separate bill than by involving it with the Central Arizona Project. I also understand that at least for the time being those representing the State of Utah prefer a separate bill covering the Dixie Project. At any rate, in my opinion, it is not appropriate for us to attempt to tell Utah what she should do regarding the Dixie Project. -7-Epson Perfection 4870 Photo, 400 dpi, 24 bit, 1,978,733 byte