CONTENTS Anderson, Hon. Clinton P., a U.S. Senator from the State of New Brainerd, Hon. William F., mayor, city of Roswell, N. Mex- Brantley, Draper, president, board of directors, Carlsbad Irrigation Eakens, Kenneth, assistant secretary, for Pecos Valley Artesian Erickson, John, consulting hydrologist, Carlsbad Irrigation District, George, Hon. Leonard, mayor, Town of Hagerman, and for the town Gerrells, Hon. Walter, mayor, city of Carlsbad, N. Mex. Hood, Hon. Joe, chairman, Eddy County Board of Commissioners, Langenegger, A. W., chairman, Pecos River Pumpers Association, Proposed addition to H.R. 5042, submitted by Mr. Langenegger.. Montoya, Hon. Joseph M., a U.S. Senator from the State of New O'Neal, Prentiss, president, Carlsbad Chamber of Commerce- Reynolds, S. E., New Mexico State Engineer, and Secretary, New Mexico Interstate Stream Commission ___ Roswell, N. Mex., Chamber of Development and Commerce, sub- mitted by Ernie Witucki, executive vice president... - - Runnels, Hon. Harold, a Representative in Congress from the State 5, 64 Shearer, Maynard_G., president, Artesia Chamber of Commerce_ Thompson, Hon. Ernest, mayor, city of Artesia, N. Mex... Walker, John B., Carlsbad, N. Mex., Pecos River Compact Commis- Funk, J.K., mayor, and board of trustees, Lake Arthur, N. Mex., to Hon. Harold Runnels, dated December 15, 1971... Gant, Hon. Joseph E., New Mexico State Senate, to Hon. Harold T. Garrison, Hon. Theo. C., mayor, and Willie A. Pilley, Paul D. Drum, E.P. Messick, and Joe D. Durand, city council members, town of 3 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 eosts 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 Escal 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 loeated 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 Reserveirs 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. |