Marketing of surplus water from Federal reservoirs

Journal Article · Sun Jan 01 00:00:00 EST 1978 · Land Water Law Rev.; (United States)

OSTI ID:7060829

Dunn, J M

Main-stem reservoirs were constructed and agricultural production flourished to the point of crop surpluses in the Missouri River basin. Consequently, the irrigation that was promised for the upper-basin states was not pursued as originally planned. The result was unappropriated surplus water available for commitments to future use. In recent years, when the nation's need for increased energy production became a reality, attention began focusing on the actual commitments of those surpluses. Conflicts between water for energy and water for agriculture were inevitable. On February 24, 1975 Secretaries of the Army and Interior entered into a ''Memorandum of Understanding'' concerning the marketing of surplus water from six reservoirs on the main stem of the Missouri River. The memorandum was executed in order to expedite plans for using large amounts of coal in the Dakotas, Montana, and Wyoming for developing new energy supplies. The purpose of the memorandum was to permit the possible execution of industrial-water-service contracts of approximately one million acre feet of main-stem storage water. This Comment examines two initial questions raised by the Federal proposals to sell impounded reservoir water to industrial users. First, what are the rights or powers of the states to control water within their borders, and second, what legal authority, constitutional, legislative, or otherwise, do the Departments of the Interior and Army have for industrial water marketing from Federal reservoirs. Other collateral yet significant issues are considered as well. One fact concluded is that the constitutional authority of the Federal government to control the disposition of water in Federal reservoirs is almost unlimited. (MCW)

• OSTI ID: 7060829
• Journal Information: Land Water Law Rev.; (United States), Vol. 13:3
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING
POLICY AND ECONOMY
54 ENVIRONMENTAL SCIENCES
ENERGY SOURCE DEVELOPMENT
WATER RESOURCES
MISSOURI RIVER BASIN
WATER RIGHTS
GOVERNMENT POLICIES
MARKET
ALLOCATIONS
AVAILABILITY
COMPLIANCE
CONTRACTS
CONTROL
DECISION MAKING
DEMAND FACTORS
FLOOD CONTROL
INDUSTRY
IRRIGATION
LEGISLATION
OWNERSHIP
POWER GENERATION
PUBLIC LANDS
REGULATIONS
RIVERS
STATE GOVERNMENT
US DOI
WATER RESERVOIRS
WESTERN REGION
HYDROGEN COMPOUNDS
NATIONAL ORGANIZATIONS
OXYGEN COMPOUNDS
STREAMS
SURFACE WATERS
US ORGANIZATIONS
WATER
WATERSHEDS
290400* - Energy Planning & Policy- Energy Resources
520600 - Environment
Aquatic- Regulations - (-1989)