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Appendix 102

HISTORICAL BACKGROUND:

THE KINKAID ACT

(Act of May 18, 1920, 41 Stat. 600)

AN ACT To provide for an examination and report on the condition and possible irrigation development of the Imperial Valley in California

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby authorized and directed to have an examination made of the Imperial Valley in the State of California, with a view of determining the area, location, and general character of the public and privately owned unirrigated lands in said valley which can be irrigated at a reasonable cost, and the character, extent, and cost of an irrigation system, or of the modification, improvement, enlargement, and extension of the present system, adequate and dependable for the irrigation of the present irrigated area in the said valley, and of the public and privately owned lands in said valley and adjacent thereto not now under irrigation, which can be irrigated at a reasonable cost from known sources of water supply, by diversion of water from the Colorado River at Laguna Dam.

SEC. 2. That the said Secretary shall report to Congress not later than the 6th day of December, 1920, the result of his examination, together with his recommendation as to the feasibility, necessity, and advisability of the undertaking, or the participation by the United States, in a plan of irrigation development with a view of placing under irrigation the remaining unirrigated public and privately owned lands in said valley and adjacent thereto, in connection with the modification, improvement, enlargement, and extension of the present irrigation systems of the said valley.

SEC. 3. That the said Secretary shall report in detail as to the character and estimated cost of the plan or plans on which he may report, and if the said plan or plans shall include storage, the location, character, and cost of said storage, and the effect on the irrigation development of other sections or localities of the storage recommended and the use of the stored water in the Imperial Valley and adjacent lands.

SEC. 4. That the said Secretary shall also report as to the extent, if any, to which, in his opinion, the United States should contribute to the cost of carrying out the plan or plans which he may propose; the approximate proportion of the total cost that should be borne by the various irrigation districts or associations or other public or private agencies now organized or which may be organized; and the manner in which their contribution should be made; also to what extent and in what manner the United States should control, operate, or supervise the carrying out of the plan proposed, and what assurances he has been able to secure as to the approval of, participation in, and contribution to the plan or plans proposed by the various contributing agencies.

SEC. 5. That, for the purpose of enabling the Secretary of the Interior to pay not to exceed one-half of the cost of the examination and report herein provided for, there is hereby authorized to be appropriated the sum of $20,000: Provided, That no expenditure shall be made or obligation incurred hereunder by the Secretary of the Interior until provision shall have been made for the payment of at least one-half the cost of the examination and report herein provided for by associations and agencies interested in the irrigation of the lands of the Imperial Valley.

Approved, May 18, 1920.

Appendix 103

HISTORICAL BACKGROUND:

EXTRACTS FROM THE FALL-DAVIS REPORT, FEBRUARY 28, 1922, "PROBLEMS OF IMPERIAL VALLEY AND VICINITY”

(S. Doc. 142, 67th Cong., 2d sess.)

RECOMMENDATIONS (P. 21)

1. It is recommended that through suitable legislation the United States undertake the construction with Government funds of a highline canal from Laguna Dam to the Imperial Valley, to be reimbursed by the lands benefited.

2. It is recommended that the public lands that can be reclaimed by such works be reserved for settlement by ex-service men under conditions securing actual settlement and cultivation.

3. It is recommended that through suitable legislation the United States undertake the construction with Government funds of a reservoir at or near Boulder Canyon on the lower Colorado River to be reimbursed by the revenues from leasing the power privileges incident thereto.

4. It is recommended that any State interested in this development shall have the right at its election to contribute an equitable part of the cost of the construction of the reservoir and receive for its contribution a proportionate share of power at cost to be determined by the Secretary of the Interior.

5. It is recommended that the Secretary of the Interior be empowered after full hearing of all concerned to allot the various applicants their due proportion of the power privileges and to allocate the cost and benefits of a high-line canal.

6. It is recommended that every development hereafter authorized to be undertaken on the Colorado River by Federal Government or otherwise be required in both construction and operation to give priority of right and use

First: To river regulation and flood control.
Second: To use of storage water for irrigation.
Third: To development of power.

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201 United States: Act of August 19, 1921 (42 Stat. 171). 202 State laws (citations only) - - - .

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THE COMPACT

203 Text of the Colorado River Compact_---.

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REPORTS AND COMMENTS OF THE NEGOTIATORS

204 United States: Report by Herbert Hoover (H. Doc. No. 605, 67th

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1. 1923 (AS A SEVEN-STATE COMPACT)

215 California: Act filed with Secretary of State on February 3, 1923
(Stats., 1923, p. 1530) (see also statutes cited below under 1925,
1929)__

216
Colorado: Act approved April 2, 1923 (Laws, 1923, p. 684) -
217 Nevada: Act approved January 27, 1923 (Stats., 1923, p. 393) –.
218 New Mexico: Act approved February 7, 1923 (Laws, 1923, p. 7).
219 Utah: Act approved January 29, 1923 (Laws, 1923, p. 4)......------
220 Wyoming: Act approved February 2, 1923 (Laws, 1923, p. 3)----

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221

2. 1925 (AS A SIX-STATE COMPACT)
California: Act filed with Secretary of State on April 8, 1925 (Stats.,
1925, p. 1321) (superseded by act approved January 10, 1929
(Stats., 1929, p. 1))---

225

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222 Colorado: Act approved February 26, 1925 (Laws, 1925, p. 525) 223 Nevada: Act approved March 18, 1925 (Stats., 1925, p. 134) ____ 224 New Mexico: Act approved March 17, 1925 (Laws, 1925, p. 116) Utah: Act approved March 13, 1925 (Laws, 1925, p. 127) (repealed by act of January 19, 1927, Laws, 1927, p. 1).. 226 Wyoming: Act approved February 25, 1925 (Laws, 1925, p. 85). A157

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