TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO CONSTRUCT, OPERATE, AND MAINTAIN THE BRANTLEY PROJECT, PECOS RIVER BASIN, NEW MEXICO, AND FOR OTHER PURPOSES FRIDAY, APRIL 14, 1972 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON IRRIGATION AND RECLAMATION OF THE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS, Carlsbad, New Mexico. The subcommittee met, pursuant to notice, at 9 a.m., in the Conference Room, Stevens Motel, Carlsbad, N. Mex., the Honorable Harold T. Johnson presiding. Mr. JOHNSON. The Subcommittee on Irrigation and Reclamation will come to order. We are very happy to be here in Carlsbad, N. Mex., for the purpose of hearing from local interests concerning H.R. 5042, a bill that was introduced by Congressman Runnells, your Congressman from this area, concerning the authorization of the Brantley project on the Pecos River. The purpose of our field hearings is to have a look-see at the physical characteristics of the project involved. This was done yesterday afternoon, both by air and automobile. We hope to hear this morning from State and local officials, as well as private citizens, concerning what they think about the project. We want to get this down on the record to take back to Washington to make available to the other subcommittee members prior to further hearings on the legislation. Now, I would like, at this time, to place H.R. 5042, by Congressman Runnels, in the record, and also S. 50 that has passed the Senate, so that our record will be complete. In addition to that, I would like the authority to place in the record at this point the report of the Department of the Interior, which is not too favorable. It asks that the project be deferred until further feasibility study is made. The Office of Management and Budget has no objection to this report being filed. It is signed by James R. Smith and was received by the chairman of the full committee on April 13, 1972. Is there objection to the printing of the bills and the report in the record? Hearing none, so ordered. (H.R. 5042, S. 50, and the report of the Department of the Interior follows:) [H.R. 5042, 92d Cong., first sess.] IN THE HOUSE OF REPRESENTATIVES FEBRUARY 25, 1971 Mr. RUNNELS introduced the following bill; which was referred to the Committee on Interior and Insular Affairs A BILL To authorize the Secretary of the Interior to construct, operate, and maintain the Brantley project, Pecos River Basin, New Mexico, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. The Secretary of the Interior is authorized to construct, operate, and maintain the Brantley project, Pecos River Basin, New Mexico, in accordance with the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto) and the provisions of this Act and the plan set out in the report of the Secretary on this project, with such modification of, omissions from, or additions to the works, as the Secretary may find proper and necessary for the purposes of irrigation, flood control, fish and wildlife and recreation, and for the elimination of the hazards of failure of McMillan and Avalon Dams. SEC. 2. The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the Brantley project shall be in accordance with the provisions of the Federal Water Project Recreation Act (79 Stat. 213). SEC. 3. Nothing in this Act shall be construed to alter, amend, repeal, modify, or be in conflict with the provisions of the Pecos River Compact, 1948, consented to by the Congress in the Act of June 9, 1949 (63 Stat. 159). SEC. 4. The costs allocated to flood control and the safety of dams purposes of the project shall be nonreimbursable and nonreturnable. The repayment of costs allocated to recreation and fish and wildlife enhancement shall be in accordance with the provisions of the Federal Water Project Recreation Act (79 Stat. 213). SEC. 5. The interest rate used for computing interest during construction and interest on the unpaid balance of the reimbursable costs of the Brantley project shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction on the project is commenced, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from date of issue. SEC. 6. There is hereby authorized to be appropriated construction of the Brantley project the sum of $34,785,000 (based upon January 1969 prices), plus or minus such amounts, if any, as may be justified by reason of changes in construction costs as indicated by engineering cost indices applicable to the types of construction involved and, in addition thereto, sums as may be required for operation and maintenance of the project. [S. 50, 92d Cong., second sess.] A BILL To authorize the Secretary of the Interior to construct, operate, and maintain the Brantley project, Pecos River Basin, New Mexico, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. The Secretary of the Interior is authorized to construct, operate, and maintain the Brantley project, Pecos River Basin, New Mexico, in accordance with the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto) and the provisions of this Act and the plan set out in the report of the Secretary on this project, with such modification of omissions from, or additions to the works, as the Secretary may find proper and necessary for the purposes of irrigation, flood control, fish and wildlife and recreation, and for the elimination of the hazards of failure of MacMillan and Avalon Dams: Provided. That the Secretary of the Interior shall operate the existing Alamogordo Dam and Reservoir unit. SEC. 2. The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the Brantley project shall be in accordance with the provisions of the Federal Water Project Recreation Act (79 Stat. 213). SEC. 3. Nothing in this Act shall be construed to alter, amend, repeal, modify, or be in conflict with the provisions of the Pecos River Compact, 1948, consented to by the Congress in the Act of June 9, 1949 (63 Stat. 159). SEC. 4. The costs allocated to flood control and the safety of dams purposes of the project shall be nonreimbursable and nonreturnable. The repayment of costs allocated to recreation and fish and wildlife enhancement shall be in accordance with the provisions of the Federal Water Project Recreation Act (79 Stat. 213). SEC. 5. The interest rate used for computing interest during construction and interest on the unpaid balance of the reimbursable costs of the Brantley project shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction on the project is commenced, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from date of issue. SEC. 6. There is hereby authorized to be appropriated for construction of the Brantley project the sum of $34,785,000 (based upon January 1969 prices), plus or minus such amounts, if any, as may be justified by reason of changes in construction costs as indicated by engineering cost indices applicable to the types of construction involved and, in addition thereto, sums as may be required for operation and maintenance of the project. Hon. WAYNE N. ASPINALL, U.S. DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY, Washington, D.C., April 13, 1972. Chairman, Committee on Interior and Insular Affairs, House of Representatives, Washington, D.C. DEAR MR. CHAIRMAN. This responds to your request for the views of this Department on H.R. 5042, a bill "To authorize the Secretary of the Interior to construct, operate, and maintain the Brantley project, Pecos River Basin, New Mexico, and for other purposes." We recommend that consideration of the bill be deferred until our feasibility study on the Brantley project is completed and forwarded to the Congress. The bill H.R. 5042 would authorize the Secretary of the Interior to construct, operate, and maintain the Brantley project, Pecos River Basin, New Mexico, in accordance with the Federal reclamation laws and the plan in the Secretary's project report, subject to such alterations in the proposed works as the Secretary deems proper and necessary for the purposes of irrigation, flood control, fish and wildlife, recreation, and safety of dams. The conservation and development of fish and wildlife resources and the enhancement of recreation opportunties, including repayment of reimbursable costs allocated thereto, would be carried out in accordance with the provisions of the Federal Water Project Recreation Act. Costs allocable to flood control and dam safety would be nonreimbursable. The bill also specifies that the applicable interest rate for the project would be based on that for 15-year Treasury obligations and that its provisions should not be construed to affect the Pecos River Compact, 1948. Appropriations of $34,785,000 (January 1969 prices) would be authorized for construction of the project, subject to engineering cost indices changes. Appropriations of necessary sums would be authorized for operation and maintenance of the project. The project The Brantley project is a dam and reservoir development which would be located on the Pecos River in Eddy County about 20 miles upstream from Carlsbad, New Mexico. The project would provide replacement irrigation storage for the McMillan Reservoir which is losing its effectiveness because of sediment accumulation. The McMillan and Avalon Dams are existing structures which presently serve the Carlsbad Irrigation District lands. Brantley Reservoir would provide storage for flood control not presently available in McMillan and Avalon Reservoirs and would eliminate the threat of failure of McMillan and Avalon Dams because of their inadequate spillways. In addition, the project would provide for fish and wildlife enhancement and for outdoor recreation opportunities. Discussion The Secretary's feasibility report on the project is, as required by law, being prepared for transmittal to the Congress. When transmitted, we will be in a position to make a recommendation concerning enactment of H.R. 5042 and to comment in detail on the project and the legislation authorizing it. The Water Resources Council has recently published proposed "Principles and Standards for Planning Water and Related Land Resources" in the Federal Register (36 FR 24143; December 21, 1971). Those principles when finally promulgated will require the reevaluation of several projects, including the Brantley project, on which reports are nearing completion. The need for this will be determined by the nature of the project and the status of the report. In addition, the Bureau of Reclamation has for several years been conducting an examination of its own dams, upstream dams of others, and dams of other Interior agencies to determine whether spillways, outlet works, and other features of the older dams are adequate to handle potential floods based on modern meteorological techniques and up-to-date hydrologic data. These studies indicate that there are a number of dams which do not meet modern design criteria, including the McMillan and Avalon Dams. General legislation may be necessary to modify some dams, including those under the jurisdiction of the Department of the Interior to meet present-day design standards. In considering possible general legislation, it has been necessary to have the views and recommendations of other major Federal interests concerned with federally owned or financed dams and we have asked for a meeting of representatives of the Corps of Engineers, TVA, Federal Power Commission, and the Department of Agriculture to develop a comprehensive approach to this matter. Until the Federal agencies have an opportunity to jointly review and recommend uniform criteria for evaluating the needs for this work and a possible pattern of cost sharing by beneficiaries, it is inappropriate to take a position on a single structure such as Brantley Dam. The Office of Management and Budget has advised that there is no objection to the presentation of this report from the standpoint of the Administration's program. Sincerely yours, JAMES R. SMITH, Mr. JOHNSON. Now, the subcommittee this morning is made up of your other New Mexico Congressman, Mr. Manuel Lujan, who is well known to all of you. I noticed, in attending the meeting last evening, that he has friends on both sides of the aisle and while it was a Democratic fundraiser, I suppose he walked out with a dollar or two himself. Manuel, would you like to make a statement? Mr. LUJAN. Thank you, Mr. Chairman. I am very pleased to be in Carlsbad, and, of course, I consider it just as much an area that I represent as the northern part, though I do not have to campaign down here, Harold. But Harold and I work pretty close on anything that affects any part of New Mexico. We have come to Carlsbad to try to hear the arguments pro and con, and we are hopeful that we can leave here with the finding of a solution to build the project. We come to find a way to build the project rather than to oppose it. I do not believe that you would find any opposition to it; certainly, it is a worthwhile project if all of these problems were squared away, and I think we're on the way to do that. I do have to say that yesterday, when they took us on an automobile tour of the various areas, I was real pleased with Carlsbad. I had not had quite that extensive a tour. Usually, I come in town on Canal Street and downtown, but going down to your recreation areas and all, I think you can be very proud of Carlsbad. I certainly was. So, with that, thank you, Mr. Chairman. |