of time to a very large percentage of underground water users in the Roswell Artesian Basin.

Our downstream neighbors irrigate with Pecos River waters about 20,000 acres under their Bureau of Reclamation Project; they claim the right to irrigate 25,000 acres. Our acreage is about one-sixth of theirs. We are smaller than they are. What does this mean? It should mean nothing. We both produce the same crops under the same climatic conditions. Not more than 80 miles separate the farthest farms. The water requirements for our crops and soil conditions are similar.

20

To irrigate the 25,000 acres in the Carlsbad Irrigation District, the United States through the Bureau of Reclamation claims the right, and it has been adjudicated the right, to divert up to 1,000 cubic feet per second of the flow of the Pecos River. This amounts to a maximum rate of diversion of 1 cubic foot of water for every or 25 acres of land. Until not too many years ago the Pecos River pumpers upstream were limited to a diversion rate of 1 cubic foot of water per second for every 70 acres irrigated. In other words, we could divert water at only one-third the rate which was permitted to the Carlsbad Irrigation District. We felt that diverting water at such a low rate was not agriculturally sound, and so we took the matter to court. We proved to the court that our low rate of diversion was extremely wasteful of water. The court ruled in our favor. Who opposed and fought our effort to increase our diversion rate in order to save water? The Carlsbad Irrigation District as representative of the U.S. Government.

To irrigate the 20,000 acres in the Carlsbad Irrigation District, the United States through the Bureau of Reclamation claims the right, and it has been adjudicated the right, to store up to 397,000 acrefeet of water in the existing Avalon and McMillan Reservoirs and in any additional reservoirs which it desires to build upstream from Avalon. In other words, each irrigated acre of land under the Carlsbad Irrigation District has the adjudicated right to about 20 acre-feet of backup storage rights. The 20,000 acres are presently relying upon three reservoirs, Avalon, McMillan and Alamogordo. While this Subcommittee is now considering the possibility of the construction of Brantley to replace McMillan, the Government and the Carlsbad Irrigation District have recently filed with the New Mexico State Engineer an application to transfer part of their storage rights from Alamogordo Reservoir to a fifth reservoir which is proposed to be built at Los Esteros farther upstream. Thus we see the fair possibility of four reservoirs on the Pecos River to serve a single 20,000-acre Bureau of Reclamation project. The Pecos River pumpers, of course, have no storage capability and are without any backup storage rights.

To irrigate the 20,000 acres in the Carlsbad Irrigation District, the district diverts about 3.6 acre-feet of surface water per year for each acre of land. On the other hand, the Pecos River pumpers divert about 2.8 acre-feet of water for each acre of land, or 28.5 percent less water per acre than the Bureau of Reclamation project. 2.8 acre-feet of water per acre is slightly below what we actually need for effective irrigation and below what we are entitled to take.

The principal reason for our low diversion rate is the lack of river water of satisfactory amount and quality at the times when we need to irrigate.

To irrigate the 200,000 acres in the Carlsbad Irrigation District, most of the farms have a supplementary source of water. It has been estimated by the State Engineer's Office that over 400 wells pump underground water for the supplemental irrigation of these lands, an average of at least one well per 50 acres. Water pumped from these wells is not metered and is in addition to the 3.6 acrefeet of surface water diverted for use upon the project farms. The constant availability of a supplemental source of irrigation water is invaluable insurance to a farmer who primarily uses surface waters for his irrigation. It is money in the bank. Among the Pecos River pumpers only two have supplemental sources of water for their surface-water rights. Obtaining the right to drill supplemental wells was a difficult and expensive experience, for it required two contested hearings before the State engineer, two contested trails in District Court, and one contested hearing before the Supreme Court of New Mexico. Who opposed and fought this effort to obtain a supplemental source of irrigation water, this effort to obtain the same insurance which most farmers under the Carlsbad Irrigation District enjoy? It was the Carlsbad Irrigation District in behalf of the Government's Carlsbad project. I might add that there now appears to be very little chance that most of the Pecos River pumpers will be able to find usable water underneath their farms. Consequently, most of the pumpers may continue for some time to be without any supplemental source of water.

Why are we here today? The answer is that we have been running short of water during the irrigation season, and the construction and operation of the Brantley project may worsen our position depending on how the Government operates the project. There are two reasons for our water shortage.

One reason is that the drilling of water wells in the Roswell Artesian Water Basin and the large development of underground waters have caused a diminishment in the upward percolation of these waters into the Pecos River stream system, thus decreasing the flow of the river. A partial solution is for the pumpers to form a water company to develop underground wells to furnish a supplementary source of water to their farms. The New Mexico Interstate Streams Commission has offered us some assistance in this respect, but with certain conditions. Conversely, the Government's Carlsbad Irrigation District continues to oppose this solution, for only in the last month the district protested the application to the State engineer of one of our pumpers who seeks the right to obtain supplemental underground waters, a right which the Supreme Court of New Mexico has upheld.

The other reason for our water shortage was the construction by the United States of the Alamogordo Dam and Reservoir on the Pecos River approximately 160 river miles upstream from our pumpers. This dam, built in 1937 for the benefit of the Carlsbad project, intercepts 100 percent of the flow of the river; no water is allowed to pass through except that required by the Fort Sumner Irrigation District which lies immediately below the reservoir and except that which is released for the benefit of the Carlsbad project.

Because of essentially a dry river except when the Government releases water from Alamogordo Reservoir for the benefit of its Carlsbad project, we pumpers have been forced to rely upon those releases for our survival. We are fearful that the construction of Brantley, which will enable the Government to store 19 percent more irrigation water than it can presently store at McMillan Reservoir, will afford it the opportunity to control upstream storage so that it will be able to change the timing of releases or their amount to our detriment. As a consequence, we are here today to ask Congress, if it sees fit to authorize the construction of Brantley Dam, to direct the Secretary of the Interior to promulgate criteria for the operation of the Brantley project and upstream irrigation storage projects so that the users of the waters of the Pecos River will not be adversely or unreasonably affected by such operation. Since the Government effectively controls several hundred miles of the Pecos River through a series of dams and reservoirs, we feel that the promulgation of operating criteria as we have outlined is an absolute necessity on a river such as the Pecos River.

Senator Clinton P. Anderson, who with Senator Montoya introduced S. 50, a bill similar to the present House resolution, stated to the Water and Power Resources Subcommittee of the Senate Interior and Insular Affairs Committee as follows:

I have some uneasy feelings about reports of a disagreement between the Pecos River Pumpers Association-whose members are users of water above McMillan Reservoir and the members of the Carlsbad Irrigation District. I understand that the pumpers irrigate about 3,900 acres with Pecos River water. They are fearful that construction of Brantley Dam will result in the establishment of operating criteria for release of water from the Alamogordo Reservoir which would dry up the pumpers' water supply during the season when it is most needed. most needed.

Even though we may get the project authorized, it is doubtful that it could be funded until proper operating criteria is developed, which would protect the rights of all concerned. I certainly urge that the Bureau of Reclamation, the New Mexico State Engineer's Office, officials of the Carlsbad Irrigation District, and the Pumpers Association, begin working in this direction. I sincerely hope that the record developed during the hearing will be helpful in this regard and will enable us to complete action on this bill as soon as possible.

We endorse Senator Anderson's statement. We agree to the necessity for the establishment of operating criteria. We will gladly work with others in suggesting proposed criteria. Nevertheless, it is the Government through the Secretary of the Interior which has the responsibility for the operation of these dams and storage projects. For this reason, we respectfully urge this committee to propose an amendment to House Resolution 5042 which will specifically direct the Secretary of the Interior to promulgate proper operating criteria for the reasonable protection of all Pecos River users who will be affected by the operation of Brantley as it is operated in conjunction with upstream storage projects.

Our position is supported by the city of Roswell, the towns of Dexter, Hagerman, and Lake Arthur, the Board of County Commissioners of Chaves County, the Roswell Chamber of Development and Commerce, and the Pecos Valley Artesian Conservancy District containing approximately 126,000 irrigated acres.

Parenthetically, let me say that I have statements from all of these organizations. I believe they were presented to the Senate committee,

but we do have them here again, and if you want more statements we certainly want to have them available.

Mr. JOHNSON. I think they should be made a part of this record, too, and if you will submit them we will have them appear in the record. after your statement.

Mr. LANGENEGGER. We will be most happy to do so.

Let me make clear that neither the Pecos River Pumpers Association nor these political bodies oppose the Brantley Project.

Let me digress there. These various organizations that I have just named agree with the statement that I am going to make.

We deem it imperative that the Secretary of the Interior promulgate operating criteria. He has not done this to date, and we do not expect him to act in this respect unless Congress directs him to promulgate operating criteria. If you will do this, then we have the confidence that the Government through the Secretary of the Interior will make an honest effort to operate its facilities on the Pecos River to do the least possible injury or detriment to any user.

Again, in behalf of the Pecos River Pumpers Association, I appreciate the opportunity to make this statement.

Mr. JOHNSON. Well, I want to say that I am very glad to have this statement as detailed as it is, pointing out the problem of the Pecos River pumpers who have been operating ranches along the river and pumping from the river for their water requirements.

The only thing I could think of that would be more expensive than another trip to Washington would be another good lawsuit. Water law is quite complicated, and suits can be very expensive. I know, because we have much of that in California where water is short. We always have a number of lawsuits and actions taken by people.

But I think you have pointed up the real problem very clearly here in your statement. I might say that possibly the reason there have not been any operating criteria developed is that the Secretary of the Interior has not been too enthusiastic about this project. At the present time, he is, in his report, asking for more time and deferred action for further feasibility study.

Now the Congress is moving just a little ahead of the Secretary's wishes. The Senate has passed the bill with the amendment to which you refer here, but the House will move slower, I am sure. Just in the ordinary routine of our handling things in the House, we move much slower than the Senate of the United States. We may catch up with the Secretary's thinking and try and convince him that he should try and give us a little more in the way of detailed information as to operating criteria during our hearings in Washington.

As far as your local Representatives are concerned, I believe both Mr. Runnels and Mr. Lujan have pretty well agreed to the Senate amendment being placed in the House bill. That should eliminate some of the opposition.

Now, you want further operating criteria to be spelled out to give you added protection.

Now, looking at the map, I gather that your main pumping points are between Alamogordo and Brantley. You take water out below Alamogordo at the present time?

Mr. LANGENEGGER. Yes, sir.

Mr. JOHNSON. Is the water of better quality at that particular point than it is down here in a reservoir such as McMillan at the present time?

Mr. LANGENEGGER. Mr. Chairman, the base flow of the Pecos River which, of course, is really the discharge from the Roswell-Artesia Basin is a very poor quality at the present time. It is much worse than in its virgin state, because there is so much less water. Of course, when we have a release from the Alamogordo Reservoir, the quality is a great deal better.

Mr. JOHNSON. When your quality is poor, it takes more water, I presume. In order to irrigate your crops do you have to use more water in the process to make sure that the amount of water is proper for your crops at that lower quality?

Mr. LANGENEGGER. This is certainly right. I can see that you understand irrigation waters. We, of course, must leach the salts from our soils, and the saltier the water the less efficient your use of that water is. So, we must use more.

Mr. JOHNSON. Well, now, you state that you irrigate approximately 39,000 acres?

Mr. LANGENEGGER. Thirty-nine hundred, sir.

Mr. JOHNSON. Or 3,900, rather.

You do not anticipate any more lands coming in under irrigation from the river?

Mr. LANGENEGGER. Absolutely, none.

Mr. JOHNSON. Your water rights are limited to those 3.900 acres? Mr. LANGENEGGER. It is a fully appropriated river.

Mr. JOHNSON. The gentleman from New Mexico, Mr. Lujan.

Mr. LUJAN. Thank you, Mr. Chairman.

Mr. Langenegger, is this proposed amendment in the same wording as the addition to the Senate bill?

Mr. LANGENEGGER. No, sir, not identically.

Mr. LUJAN. Does it differ substantially?

Well, let me ask this first: With this amendment to H.R. 5042, you would then support the legislation?

Mr. LANGENEGGER. Yes, sir.

Mr. LUJAN. Is that correct?

Mr. LANGENEGGER. That is correct, sir.

Mr. LUJAN. Would you support it with the wording of the Senate bill amendment that was added to the Senate bill?

Mr. LANGENEGGER. Well, I cannot answer that without a meeting of our people. They were fearful that this was merely suggestive and not directive, and we would like direction.

Mr. LUJAN. I see your attorney is shaking his head; so, I would imagine then that it is not quite as acceptable as this. Mr. LANGENEGGER. That is right.

(Copy of the proposed amendment follows:)

PROPOSED ADDITION TO H.R. 5042

Section. The Secretary of the Interior shall familiarize himself with the uses of water from the Pecos River and shall promulgate criteria for the operation of the Brantley project and other irrigation storage projects on the Pecos River in the State of New Mexico so that appropriators of water from the Pecos River will not be adversely or unreasonably affected by such operations.