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Mr. JOHNSON. The statements of Senator Anderson, and Senator Montoya will follow your statement here, and if you will make sure that the clerk of the committee receives a copy, they will be placed in the record at this point.

(The statements of Senator Anderson and Senator Montoya in full follow :)

STATEMENT OF HON. CLINTON P. ANDERSON, A U.S. SENATOR FROM THE STATE OF
NEW MEXICO

I am pleased to present this statement this morning in support of S. 50, which was introduced in the Senate by Senator Montoya and me and which passed the Senate on March 30, 1972, and on Congressman Runnels' bill, H.R. 5042, now before your committee. These bills would authorize the construction, operation and maintenance of the Brantley Dam project on the Pecos River north of Carlsbad, N. Mex. This project, which has as its most important purpose the removal of a severe flood threat from the city of Carlsbad and the Pecos Valley below McMillan Dam, has been under consideration in one form or another for more than a decade. Since that time, the need for the project has repeatedly been developed and documented.

Since June of 1969, the Bureau of Reclamation has known that this project is feasible and economically justified from an engineering standpoint. Texas and New Mexico, the two States concerned with water flow in the Pecos River, have long since endorsed this proposal. Now it is 1972 and the time to make a decision. Completion of the project would have numerous salutary effects.

The proposed dam would provide needed replacement storage for the existing Carlsbad reclamation project. At present, irrigation water for the project is stored behind McMillan Dam-which Brantley would replace but there are several problems with McMillan. It is leaking; its capacity has been substantially diminished by sedimentation; and, worst of all, there is grave danger that the dam may fail in the event of a flood. Indeed, a flood in 1966 resulted in two deaths and in more than $1 million of property damage in Carlsbad. It has been estimated that a large flood, which could occur under existing conditions, would result in property damage in excess of $30 million, accompanied by considerable loss of life. This danger must be averted, and construction of the Brantley Dam would be one way to avert it.

Additional benefits would accrue to the public through increased recreational facilities. The National Park Service has estimated that 383,000 persons annually would take advantage of the reservoirs behind Brantley Dam and of the facilities which could be constructed at the Alamogordo Reservoir, the upstream storage reservoir of the Carlsbad project. The project also would provide for conservation and improvement and development of fish and wildlife resources in the area. Moreover, completion of the project would allow work authorized by two previous laws to proceed.

Public Law 85-333 authorized the construction of Malaga Bend and the McMillan Delta channelization divisions of the McMillan Delta project. Public Law 88-598 authorized the elimination of salt cedar and other phreatophytes from the authorized floodway. Both these laws, however, provided that work could not commence until certain conditions relative to the dam and its storage capacity were improved. This project fulfills the conditions of the earlier laws. Other witnesses will detail more fully the expected benefits, many of which also are discussed in a feasibility report for this project issued in 1969.

I was somewhat surprised to read in the Department's report of January 17, 1972, to the committee that the feasibility report is still "being prepared for transmittal to Congress." In 1969, the project seemed to be well on its way. A feasibility report was adopted and approved by Assistant Secretary James Smith on July 2, 1969. This report then was submitted to the interested States and Federal agencies. New Mexico approved the report in October 1969 and the State of Texas on December 30 of that same year.

I tried to get the report released to me early in the 91st Congress but I did not get it until late in 1970. In the meantime, I introduced S. 3877 to authorize the Brantley Dam project, but it was too late in the session to get any action. Therefore, I reintroduced the bill in the 92d Congress, and this is the bill under discussion now.

By March 17, 1971, copies of an updated version of the proposed feasibility report and a draft environmental statement had been sent to the proper authorities in New Mexico. New Mexico approved and returned the documents on May 13, 1971, and I was advised by Commissioner Armstrong of the Bureau of Reclamation on June 16, 1971, that the report would be processed as quickly as possible. That was 7 months ago. I find it difficult to believe that it would take 7 months to complete the report to the Congress when the Department had a feasibility report available 3 years ago and has had 3 months' notice that a hearing was to be held on the authorization of the project. Moreover, I am advised that the final updating of this report was completed in August 1971. I believe that the Department should submit this updated report immediately.

Evidently the report is being held while the Department considers general legislation which might some day establish a program to correct all the deficiencies in the Nation's dams uncovered by the safety of dams survey. But this is no excuse for delay in this project now. We know the dangers to Carlsbad and we know what we must do to correct them.

I have had 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.

I understand that since passage of the Senate bill, the Pumpers Association the New Mexico State Engineer's Office, the Pecos River Commission in New Mexico, and the Carlsbad irrigation district have been working on language to alleviate the disagreement in regard to the criteria for operating the Pecos River projects. I hope language can be worked out that will be included in the House version of the bill so that there will be no disagreement between these interests when the bill is finally passed.

STATEMENT OF HON. JOSEPH MONTOYA, A U.S. SENATOR FROM THE STATE OF NEW MEXICO

Mr. Chairman, I sincerely appreciate the opportunity to appear before this subcommittee today for the purpose of giving my strongest endorsement to H.R. 5042.

This bill would authorize the Secretary of the Interior to construct, operate and maintain the Brantley Dam project on the Pecos River Basin in New Mexico. The proposed Brantley project, which is authorized by this legislation, is a multipurpose project designed to cure many of the ills of the existing facilities at the Carlsbad irrigation project.

At the present time, the existing facilities consist of the Alamogordo, Avalon, and McMillan Dams. In 1969, however, the "safety of dams" investigation conducted by the Bureau of Reclamation concluded that the spillways at these facilities were inadequate to pass a potential disastrous flood, and that the dams would be overtopped resulting in their failure.

The main purpose for constructing the Brantley project, Mr. Chairman is to give the people of Carlsbad and surrounding rural areas a high degree of flood protection not presently available. The people of Carlsbad now live in constant fear of another disastrous flood similar to the 1966 disaster which took two lives and caused property damages in excess of $1 million. Flood control is a necessity to the people in Carlsbad, and the Brantley project satisfies this need.

The Carlsbad irrigation project serves a total of 25,000 acres of water right land and serves, directly or indirectly, the Eddy County population of approximately 5,300 people. A shortage of water for irrigation is not unusual, Mr. Chairman. The Brantley Dam project would alleviate this deficiency by providing adequate irrigation water storage capacity for 100 years.

Aside from the flood control and irrigation storage purposes of the Brantley Dam, recreational facilities are also encompassed in the overall design of this project. The Bureau of Outdoor Recreation and the National Park Service have recommended the inclusion of recreational facilities at both the Brantley and Alamogordo Dam sites. Recreational activities would consist of boating, swimming, water skiing, camping, and fishing. It is estimated that the visitation to the two reservoirs will average around 400,000 persons annually.

Knowing of this committee's interest in conservation, it may please the members to know that the Bureau of Sport Fisheries and Wildlife concluded that it was satisfied that this project did provide for the conservation, improvement, and development of fish and wildlife resources.

I am sure that the members of this committee are wondering about the feasibility of repairing and upgrading the existing facilities at the Carlsbad irrigation project. Mr. Chairman, the Bureau of Reclamation, in its "safety of dams" report cited earlier, considered this alternative and immediately concluded that even if the existing dams were modified, they would provide neither the terminal storage needed for irrigation nor would it eliminate the threat of flooding. Further, Mr. Chairman, the cost of repairing these facilities was estimated in 1971 to be at approximately $27.7 million. Given this high cost of repair, the Bureau of Reclamation rightly concluded that a new facility was the more acceptable alternative. To be sure, Mr. Chairman, the new facility would have the added benefits of recreation, conservation, flood protection, and some increase in irrigation storage capacity.

Given the deficiencies which exist at the present facilities, and given the purposes for the construction of the Brantley project, I would like to turn briefly to a more specific physical description of the Brantley Dam project.

Brantley Dam and Reservoir would be constructed on the Pecos River, about 4 miles downstream from the McMillan Dam and 6 miles upstream from Avalon Dam. The reservoir would have a total storage capacity of 520,000 acre-feet. Of the initial storage capacity, 376,000 acre-feet would be used for terminal irrigation storage, 2,000 acre-feet for a minimum pool for recreation and fish and wildlife purposes, and 102,000 acre-feet for a sediment reserve. A more detailed examination of these figures will be undertaken at a later time by our State engineer, Mr. S. E. Reynolds.

Mr. Chairman, I am sure that of foremost interest to this committee are the economic aspects of this project. Briefly, the construction cost of this project can be set forth as follows: The total overall cost of the project, including interest at 5% percent during construction, is estimated at $50.3 million. Of this total investment cost, approximately $1.08 million is designed for irrigation cost; $3.7 million for the recreation facilities, $2.7 of this amount would be nonreimbursable. Approximately $2.3 million is the estimated cost for fish and wildlife, and of this amount $2.2 million would be nonreimbursable funds. It is further estimated, Mr. Chairman, that flood control features of the project would total about $14 million, and of course all of this amount would be nonreimbursable. Finally, the total amount for the safety of dams is estimated at $29.1 million, all of which is nonreimbursable.

Mr. Chairman, the total cost of the Brantley Dam project is greatly insignificant to the cost of replacing the lives and property of residents of the Carlsbad and surrounding areas. The property value in urban Carlsbad alone is presently estimated at $92.5 million, while the rural areas are estimated to have a value of $1.5 million. And of course, Mr. Chairman, no value can be placed on human lives. I am hopeful that this committee will weigh these factors when deciding whether or not to give its approval to this proposal.

Mr. Chairman, it has been brought to my attention that the Department of the Interior has filed an adverse report to H.R. 5042, indicating their desire to have this project reevaluated to determine whether it conforms with the principles and standards proposed by the Water Resources Council. I submit that the suggestion for reevaluation is nothing but another in a long line of dilatory tactics of the Department of the Interior. In point of fact, Mr. Chairman, this project was submitted to the Secretary of the Interior in 1969 and approved by them on June 17, 1969. Furthermore, this project was reevaluated and a supplemental report was submitted in August of 1971. Now it seems rather incredible to me that the Department of the Interior would even dare suggest an evaluation of the reevaulation.

In its report, the Department of the Interior also expresses some reservations about including the cost of repairing the existing facilities in the total budget of $45 million and including them as nonreimbursable funds. It should be noted, Mr. Chairman, that the Federal Government set the precedent for assuming the responsibility for maintaining the safety of its own unsafe structures when in 1954 it, with the approval of Congress, appropriated $1 million of nonreimbursable funds to repair the Alamogordo Dam on this same project. Therefore, what this project calls for by way of nonreimbursable funds is not unique, but in point of fact it is the practice of the Department of the Interior to consider such funds as nonreimbursable.

Mr. Chairman, this project has too long been delayed. The people of Carlsbad, N. Mex. should not have to wait any longer to have their fears of flooding removed. The Brantley project is greatly needed, and in spite of the reservationsexpressed by the Department of the Interior, the Brantley project is sound and unassailable.

I am hopeful that this committee will take immediate action so that construction on this project can begin.

Thank you, Mr. Chairman.

Mr. JOHNSON. Our next witness will be the Commissioner of the Bureau of Reclamation, Mr. Armstrong.

I am pleased to see you this morning and please proceed so that we can get as much as possible about this project into the hearing record at this time.

STATEMENT OF ELLIS L. ARMSTRONG, COMMISSIONER, BUREAU OF RECLAMATION, ACCOMPANIED BY DAN MCCARTHY AND ROWLAND FIFE

Mr. ARMSTRONG. Mr. Chairman, I have Mr. McCarthy, Chief of our Division of Planning, and Mr. Fife, our area planning engineer in Albuquerque, N. Mex.

We are glad to appear this morning to present our views on H.R. 5042, which is a bill to authorize the construction of the potential Brantley project in New Mexico.

The potential Brantley project-a dam and reservoir development-is on the Pecos River in Eddy County about 20 miles upstream from Carlsbad, N. Mex. The development would provide replacement irrigation storage for the McMillan Reservoir which is losing its effectiveness because of sediment accumulation. 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, because of inadequate spillways, of McMillan and Avalon Dams. In addition, the development would provide for fish and wildlife enhancement and for outdoor recreation opportunities. The estimated construction cost of the project is $45,605,000, based on price levels as of July 1971.

The Carlsbad project was initiated in 1887 by private interests. The canal system and McMillan and Avalon Dams were completed in 1893. Floods in that year caused heavy damage to the system. Avalon Dam was washed out, but the main structure of McMillan Dam was saved by blasting out a large segment of embankment to allow passage of floodwaters. The dams were repaired but Avalon Dam was destroyed by a flood in 1904. Efforts to repair the dam were unsuccessful.

Reclamation was asked to help as the resources of private interests were inadequate to accomplish necessary repairs. Many improvements, including the reconstruction of Avalon Dam and enlargement of McMillan Dam were made in the following years. This became one of the earliest Reclamation projects.

In the early 1930's Reclamation investigated alternative sites for a dam and reservoir to replace the storage capacity of McMillan Reservoir that was depleted by sedimentation. Alamogordo Dam and Reservoir was constructed in 1937 for this purpose.

You can see how far up the river that is. The Carlsbad project irrigation facilities presently consist of three dams and storage reservoirs used to regulate irrigation water and a distribution system to serve a total of 25,055 acres of water-right land. The dams are Alamogordo, McMillan, and Avalon. The irrigated area has ranged from 6,528 acres in 1907 to 25,278 in 1926. Since completion of the distribution system in 1926, the irrigated area has averaged about 20,000 acres

per year.

The potential project features consist of Brantley Dam and associated recreation and fish and wildlife facilities. The reservoir would have a total capacity of 520,000 acre-feet for conservation, sediment deposition, and flood control. In addition, it would have a surcharge capacity of 360,000 acre-feet.

The project would provide, or make possible the maintenance of, minimum pools at Brantley, McMillan, and Alamogordo Reservoirs. Two projects to improve water quality and eliminate water shortages in the Pecos River Basin have been authorized by the Congress during the past 15 years. Public Law 85-333, approved February 20, 1958, authorized the construction of Malaga Bend and McMillan Delta channelization divisions of the McMillan Delta project. The law provided, however, that no work could be commenced on the McMillan Delta Floodway unless provisions were made to replace any Carlsbad irrigation district terminal storage which might be lost by clearing of the floodway. As a result, the authorized channelization has not been constructed.

Public Law 88-594, approved September 12, 1964, authorized the Pecos River Basin water salvage project which is a continuing program to reduce nonbeneficial consumptive use of water in the basin. That law likewise provides that no work shall be commenced on clearing of the authorized floodway unless provision is made to replace the district's terminal storage.

As mentioned earlier, a major aspect of the Brantley project is elimination of the threat of failure of McMillan and Avalon Dams. For several years, our Bureau has made a critical review of the capability of our dams to contain or to pass the maximum probable flood which might occur on the watershed above the respective structure. Of the 200 dams which we have under our jurisdiction, several of them have been given intensive study to assure adequacy under possible flood threat.

The safety evaluation study of McMillan and Avalon Dams was prepared as a part of the examination of existing dams program. The most current meteorologic and hydrologic data were used to obtain a realistic evaluation of potential flood conditions on the Pecos River and tributaries above these dams. The study showed that potential floods could exceed existing spillway capacity at McMillan Dam and cause the dam to be overtopped, which could result in failure of the dam. The studies also show existing spillway capacity at Avalon Dam would protect the dam only from a flood originating below the Brantley Dam. As both of these dams are located upstream from the city of Carlsbad, N. Mex., their failure could result in serious flood damage to the city of Carlsbad and the Carlsbad irrigation district with possible widespread loss of life.

The Water Resources Council's proposed "principles and standards for planning water and related land resources" have been imminent