HomeMy WebLinkAboutCC RES 575
RESOLUTION NO. 575
CONCERNING THE PROPOSED CONTRACT BETWEEN
THE UNITED STATES AND THE STATE OF
CALIFORNIA, FOR THE JOINT USE OF THE
SAN LUIS FACILITIES, AND URGING THAT
FEDERAL LAW AND POLICIES NOT BE IMPOSED
UPON THE STATE OPERATIONS IN ITS
SERVICE AREA S
WHEREAS, the United States Department of
the Interior and the State of California are currently
negotiating a contract under the provisions of The Federal
San Luis Act of June 3, 1960 (74 Stat. 156) and applicable
State laws, for the joint financing, construction and opera-
tion of the San Luis Joint Use Facilities; and ~
WHEREAS, the view is now being advanced
that in the Federal-State contract, the State must agree
to enforce the provisions of Federal Reclamation Law,
particularly as regards acreage limitation, within the
State's service area; and ~ ·
WHEREAS, the State' s servi~e area. will ~be
completely separate from that of Bureau of Reclamation
under the Federal Central Valley Project; and
WHEREAS, under the Federal San Luis
Act, the State must and will pay in full its proportionate
share of the capital stock of the San Luis Joint Use
Facilities as construction proceeds and before any water
is delivered by either the United States or the State;
,
and
WHEREAS, the Federal-State joint-venture
concept embodied in the Federal San Luis Act had not
previously been contemplated at the times the Reclamation
Act of June 17, 1902, and acts amendatory thereof or
supplementary thereto were under consideration by the
C ongr e s s; and
WHEREAS, the Federal San Luis Act
specifically provides that the State shall not be
restricted in the use of the capacities of the San Luis
Joint Use Fac'ilities to which it is entitled by virtue of
having paid its proportionate share of the cost; and
WHEREAS, a review of. the Congressional
Committee reports concerning the San Luis legislation in-
dicates clearly that most of the members of Congress were
of the opinion that Federal Reclamation Law would not and
should not apply to the State in the service of its water
within its own service area; and
WHEREAS, State repayment policy does not en-
vision establishing the price for agricultural water sub-
stantially below the price for municipal and industrial
water as is the case under Federal Reclamation Law; and
WHEREAS, the need for supplemental water
in, both the Federal and State service areas is urgent and
thus construction of the San Luis Joint Use Facilities
must~proceed as rapidly as~ possible; and
WHEEEAS, in approving the California Water
Resources Development Bond Act, the voters did. so in the
firm belief that State laws and policies will govern the
service of water from the State project; and
WHEREAS, an attempt to impose Federal laws
and policies upon the State by means of the contract would
inevitably lead to protracted controversy and possibly
litigation, with construction of the San Luis Joint Use
Facilities being delayed several years with resultant
hardship in the areas to be served water thereby includ-
lng the area within Orange County; and
WHEREAS, imposition of Federal Reclamation
Laws upon the State could result in financial difficulties
for the State and prevent the State from being able to go
..
forward with its water development program; now
394
THEREFORE, BE IT RESOLVED, that the State
of California must be free to operate the State Water
Resources Dewelopment System and to deliver water
therefrom in accordance with State. laws and policies;
and
BE IT FURTHER RESOLVED, that the Federal
officials concerned are urged not to attempt to impose
federal laws and policies upon the State in the service
of State water within the State's serVice area; and
BE IT FURTHER RESOLVED, that copies of
this resolution be sent to the President of the United
States, the Secretary of The 'Interior, The Solicitor
of the Department of the Interior, The Attorney General
of the United States, The Governor. of California, the
Director of Water Resources of the State of California,
each member of the California Congressional delegation,
State Senator Stephen' P. Teale, Assemblyman Carley ¥.
Porter, and to each member of the Southern California
legislation delegation.
PASSED AND ADOPTED at a regular meeting
of the City Council of the City of Tustin, held on the
18th day of December, 1961.
ATTEST
-- I~~Y CLERK
395
STATE OF CALIFORNIA )
)
COUNTY OF ORANGE ) SS.
CITY OF TUST IN )
RUTH C. POE, City Clerk and ex-officio Clerk
of the City 8ouncil of the City of Tust. in, California, does
hereby certify that the whole number of the members of the
City Council of the City of Tustin is five; that the above
and foregoing Resolution was duly and regularly introduced,
read, passed and adopted at a regular meeting of the City
Council held on the 18th day of December, 1961, by the
following votes'
AYES'
COUNCILMEN Kidd, Byrd, Mack, Sheridan
ABSTAINED: COUNCILMAN Humeston
NOES:
COUNCILMAN None
ABSENT'
COUNCILMAN None
CitY~ ~lerk ..... '~ ' -
City o~'~Tustin, California