Mr. EATON. Because we just developed the language within the last 2 days. I did talk to Mr. Reynolds over the telephone yesterday morning-yesterday morning?-and I suggested to him what we were thinking about without reading to him any specific language or this exact language that we have submitted to this committee.

Mr. LUJAN. Mr. Chairman, I am trying to get at whether there is an agreement on the wording that would seem to solve the problem if everyone was agreeable to it.

I realize that it is brand new and has just been brought up and that it would be difficult for Mr. Brantley to express the Carlsbad Irrigation District's position on it. Certainly we would not want to take that from him and he certainly would not want to take upon himself nor, I suppose, would Mr. Reynolds want to just make an offhand comment on it.

But could I possibly ask that we get an indication from the State Engineer's Office and the Carlsbad Irrigation District, to see if they would be in agreement?

Mr. JOHNSON. Well, of this particular field hearing today we are glad to receive the suggested amendment. To me, it does not seem unrealistic, but this is only the field hearing.

You are bringing this to us for the first time.

Naturally, those representing the State of New Mexico and the Irrigation District as well as the Bureau of Reclamation people have found out about this just today.

This is only the field hearing, and we have a very detailed hearing to take place in Washington before the full subcommittee, and then we have the full Committee.

So, I do think prior to markup, we should have it more or less understood and have an understanding with all of the people affected as to the wording of this amendment. If they then can reach an agreement, why, we can easily hammer out an amendment. Our legal counsel on the Committee and our consultant Mr. Casey could work out an amendment similar to what you have here which would really make it a mandate upon the Secretary to assure fair treatment.

I do not think that that is unrealistic at all. We have this in pretty nearly every project we have. I know we went through a squabble on the uses above Sacramento in the big Central Valley Project. It took us about 10 years, or so, to work out all of the agreement; but, eventually, worked them out with the users above the Delta, and they seem to be happy with it now.

And I will say that your State Engineer who was here today and Mr. Brantley who was here today and others who may be in the room who are users on the river at the present time should all get together and see if you can get a consensus. Then our counsel and the legal counsel will take all of that into consideration after the hearings before the Subcommittee and, in the markup of the bill, we can draft the necessary language to do a fair job.

I am almost certain that the Bureau of Reclamation and the Secretary of the Interior would want to protect the users on the river. With today's water resources development, we do not try to get into a hassle with a full-fledged court suit if we can stay away from it.

I think proper language in the bill and proper language in the report and in the legislative history on the floor can be worked out to the satisfaction of most people. A lot of people did not have too much

faith in legislative history, but in our great fight between CaliforniaArizona, we found out what legislative history meant, as we lost our case in California. It took about 25 years to get around to reaching an agreement on the Colorado, but I hope it is not that long here.

The gentleman from New Mexico, Mr. Runnels.

Mr. RUNNELS. Thank you, Mr. Chairman.

I would, at this time, feel safe in speaking for Congressman Lujan and myself. We both stand ready to work and negotiate with all interested groups on this amendment, so we can present it to the full Committee.

We will also be happy to work on a program with Mr. Hill on supplemental water in any way we can so that we can get the problem ironed out and get it in a suitable form as suggested by the Chairman.

We both stand ready at all times to work with all groups.

Thank you, Mr. Chairman.

Mr. JOHNSON. We want to thank you gentlemen for your appearance here and your excellent statement presented here and your responses to the questions.

I know that the matter of water is very dear to your people because it is the lifeblood of your community and your existence. When the Government comes in to participate in the development to enhance the water resources of an area, certainly, it should consider those who are there and have established rights.

I am pleased that you could come.

Thank you.

Mr. LANGENEGGER. Thank you very much, and we will bring all of these statements.

Mr. JOHNSON. Fine. The statements that you will leave with us will appear in the record right after your statement.

(The documents referred to follow :)

STATEMENT OF CITY OF ROSWELL, SUBMITTED BY HON. WILLIAM F. BRAINERD, MAYOR

The City of Roswell, New Mexico has a direct interest in the welfare of not only its inhabitants, but also the inhabitants of the Pecos Valley who contribute to the well-being of Roswell and other nearby communities. The City has an interest in the welfare of those men and their families in Chaves County who farm their lands with waters from the Pecos River. Those people have indicated to us their concern that the proposed Brantley Dam may be operated in conjunction with Alamogordo Reservoir in such manner as to affect adversely the availability of water to their farms.

We do not oppose Brantley Dam as a flood control project for the protection of our neighboring City of Carslad. We do, however, share the concern of our Pecos River pumpers. If the construction of Brantley Dam be approved, we ask only that it be approved upon the condition that safeguards for the protection of our pumpers be required of the Carlsbad Irrigation District and the Bureau of Reclamation. We feel confident that the good sense and fair play of Congress will provide these safeguards.

To whom it may concern:

TOWN OF DEXTER.
DEXTER, N. MEX.

The City Council of Dexter, New Mexico, in the interest of preserving and maintaining the general economy of this community, must protest the proposed Brantley Dam at Carlslad, New Mexico, due to it's negative effect on the water quality of Pecos River water pumpers.

It is our considered opinion that the proposed dam would render many acres of quality land useless due to deterioration of water quality. We understand that

there will be no scheduled water releases during the regular irrigation season, hence only high salt content water will be available. If this be true, the loss of families currently deriving their livelihood from these farms will be a severe blow to our economy.

We, the Trustees and Mayor of the Town of Dexter, do reaffirm the above statement.

Subscribed and Sworn to before me this 11th day of April, 1972.

My commission expires 2-7-76.

DE SOTO F. POWERS,

Mayor.

CLYDE L. NORTHCUTT,
Notary Public.

STATEMENT OF HON. LEONard George, MAYOR, TOWN OF HAGERMAN AND FOR THE TOWN COUNCIL

We have studied the problems of the Pecos River Pumpers and agree with them that a solution must be found. If a compromise is not reached with the Carlsbad Board and the State Engineer in regard to Brantley Dam being built and to turnouts from Alamagordo Dam and the proposed Los Esteros Dam, the Pumpers will be in a very bad situation.

If these people have no water in the irrigation season it just means; no waterno crops no money. This would have far reaching consequences for a large area. (Signed) LEONARD GEORGE, Mayor, Town of Hagerman, APRIL 11, 1972.

GENTLEMEN: As the Mayor of Hagerman I do hereby reaffirm the above statement for my part and for the town council.

LEONARD GEORGE, Mayor.

Subscribed and sworn to before me this 11 day of April 1972.

DEAR SIR: In the event Brantley dam is built, we feel that it is imperative for the water from Almagordo dam be released at least five times through the growing farm season.

This is essential in order that the farmers along the Pecos river can maintain their livelihood. This also affects the economy of the Town of Lake Arthur. Thank you for your attention in this matter.

Yours truly,

LAKE ARTHUR, BOARD OF TRUSTEES,

J. K. FUNK, Mayor,

WANDA WHATLEY,

ELMER ALLEN,

ALBERT ARAUP,

CLIFFORD GREY NELSON.

Subscribed and sworn to before me this 15 day of December 1971.
MAIBEL O. DAVIS, Notary Public.

My commission expires: January 27, 1975.

APRIL 10, 1972.

GENTLEMEN: As the present mayor of Lake Arthur I do hereby reaffirm the above statement for my part and for the town board.

Subscribed and sworn to before me this 10 day of April, 1972.

My commission expires: January 27, 1975.

F. M. HART.

MAIBEL O. DAVIS, Notary Public.

STATEMENT OF ROSCO FLETCHER, CHAIRMAN, BOARD OF COMMISSIONERS,
CHAVES COUNTY, N. MEX.

My name is Rosco Fletcher and I live in Dexter, New Mexico. I am Chairman of the Board of County Commissioners of Chaves County, New Mexico. I am also a farmer by occupation. The County Commission has authorized me to make this statement to this Senate subcommittee.

The Pecos River runs from North to South through a large part of the eastern plains of New Mexico. It passes through Chaves County, and on leaving Chaves County the river enters Eddy County to the South. The existing Avalon and McMillan Reservoirs which provide terminal storage for the Carlsbad Irrigation District and the proposed Brantley Dam are situated in Eddy County. The Carlsbad Irrigation District maintains another storage reservoir on the Pecos River. It is known as Alamogordo Reservoir, and it lies in De Baca County which adjoins Chaves County on the North. In other words the Carlsbad Irrigation District maintains irrigation storage facilities in the two counties which adjoin Chaves County on the North and on the South.

The population of Chaves County is not large by some standards, but it is one of the more populated counties in New Mexico. The economy is agriculturally oriented. Because our rainfall averages 10 to 11 inches a year, there is no dry land farming; our farming is based exclusively on irrigation. Most of the irrigation waters are obtained from underground water formations. However, our farmers who have the right to irrigate with waters from the Pecos River, with one or two exceptions, do not have any underground water rights, and consequently they depend upon the availability of water in the river when they need to irrigate their lands.

The river pumpers are deeply concerned over the proposed Brantley Dam, and their concern is our concern. They feel that the Bureau of Reclamation and the Carlsbad Irrigation District, owning reservoir storage facilities upstream and downstream from them, will be in a position, if Brantley is constructed, to control and manage the flow and delivery of water in the Pecos River to the detriment of the pumpers in Chaves County. Unless our river pumpers can have firm, binding assurance that the Bureau of Reclamation and the Carlsbad Irrigation District will not control the flow of the Pecos River to their detriment, we must oppose the Brantley Dam project as it is presently constituted.

The Board of County Commissioners of Chaves County does not object to Brantley Dam as a flood protection facility or as a facility providing fishing and recreational opportunities. Having personally seen the effects of floods on certain tributaries of the Pecos River and the Pecos River itself, the Board of County Commissioners of Chaves County endorses all economically feasible programs designed to protect life and property against the destructive power of floods. The Board does object, however, to approval of this project unless there is consideration of the rights and problems of the river pumpers. We have been advised that no such reported consideration has been given by the Bureau of Reclamation and that the Carlsbad Irrigation District has refused to reach an agreement with the pumpers. If this is so, we oppose the Brantley Dam project as being potentially detrimental to the interests of an important segment of our country's population and economy.

STATEMENT OF ROSWELL, N. MEX., CHAMBER OF DEVELOPMENT AND COMMERCE, SUBMITTED BY ERNIE WITUCKI, EXECUTIVE VICE PRESIDENT

The Roswell Chamber of Development and Commerce is charged with the community development of the City of Roswell and the surrounding area in Chaves County, New Mexico. Roswell is one of the four largest cities in New Mexico and

is the largest city in southeastern New Mexico. It is the county seat of one of the more populated and larger counties in New Mexico. The area surrounding Roswell is devoted to agriculture which is a basic economy upon which the people rely for their welfare. Any act which threatens the economic welfare of agriculture also threatens the welfare of our entire community.

The proposed Brantley Dam project will have a detrimental effect upon the welfare of a number of our farmers and their families who rely upon the uncertain availability of water in the Pecos River for their livelihood, unless adequate safeguards are provided in connection with the operation by the Carlsbad Irrigation District of its multireservoir storage complex which encircles the Pecos River pumpers upstream and downstream. The Carlsbad Irrigation District has refused, according to our information, to agree to adequate protection of the Pecos River pumpers if Brantley Dam is constructed. Unless Congress can provide for such protection as a condition to approval of the Brantley project, we must respectfully oppose the project as not being in our interest or in the interest of our community.

STATEMENT OF THE PECOS VALLEY ARTESIAN CONSERVANCY DISTRICT, KENNETH EAKENS, ASSISTANT SECRETARY

The Pecos Valley Artesian Conservancy District was organized pursuant to the authority contained in Chapter 97 of the 1931 Session Laws of the State of New Mexico. The purpose of the Act was to provide for the organization of Artesian Conservancy Districts to conserve, where necessary, the waters in any artesian basin.

The waters of the Roswell-Artesian Basin, which the Pecos Valley Artesian Conservancy District was organized to conserve, are presently over-appropriated. The annual appropriations from the Basin are greatly in excess of the annual recharge thereto and any additional withdrawals from the Basin will be detrimental to the entire Basin and the lands lying within its boundaries. The lands irrigated by the Pecos River pumpers from the Pecos River all lie within the declared boundaries of the Roswell-Artesian Basin, and within the established boundaries of the Pecos Valley Artesian Conservancy District. The Pecos Valley Artesian Conservancy District does not object to the construction of the Brantley Dam per se, but does object to its construction if the proposed use thereof will affect and diminish the waters of the Pecos River available to the Pecos River pumpers for the irrigation of their lands. In the event the construction and operation of Brantley Dam will diminish the waters available to the Pecos River pumpers, they will be compelled to apply for permits to drill wells in the Roswell-Artesian Basin to supplement their water supply. These supplemental wells will increase the present withdrawals from the Basin, and be detrimental thereto in addition to placing an unneces sary economic burden on the pumpers in the drilling and equipping of these

wells.

I hereby certify that the above and foregoing is a true and correct extract from the Minutes of the regular meeting of the Board of Directors of the Pecos Valley Artesian Conservancy District held on January 18, 1972.

KENNETH U. EAKENS,
Assistant Secretary.

STATEMENT OF ARTHUR FRANKLIN BROWN, WATER CONSULTANT, PECOS RIVER PUMPERS' ASSOCIATION, HAGERMAN, N. MEX.

My name is Arthur Franklin Brown. In appearing before this House SubCommittee hearing on the Brantley Reservoir Project on the Pecos River in New Mexico, I do so as a water consultant for the Pecos Rivers Pumpers' Association of Hagerman, New Mexico. I am a territorial New Mexican having come to New Mexico in 1910. After receiving my degree in Civil Engineering from the University of New Mexico, I spent 17 years in Federal Civil Service of which 11 years were with the Bureau of Reclamation, the Corps of Engineers and the Bureau f Agricultural Engineering. I spent 10 years with the State Engineer of New Mexico, and for the past 18 years I have been in private practice in the field of water rights, water supplies and various aspects of water engineering and project planning.