Resolution No. 218RESOLUTION NO. 21b
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONCERNING
THE PROPOSED CONTRACT BETWEEN THE UNITED STATES AND THE STATE OF
CALIFORNIA, FOR THE JOINT USE OF THE SAN LUIS FACILITIES, AND URGING
THAT FEDERAL LAW AND POLICIES NOT BE IMPOSED UPON THE STATE OPERATIONS
IN ITS SERVICE AREAS
WHEREAS, the United States Department of the Interior and
the State of California are currently negotiating a contract under
the provisions of the Federal San Luis Act of June 3, 1960 (74 Stat.
136) and applicable State laws, for the joint financing, construction
and operation of the San Luis Joint Use Facilities; and
WHEREAS, the view is now being advanced that in the Federal
State contract, the State must agree to enforce the provisions of
Federal Reclamation Law, partcularly as regards acreage limitation,
within the State's service area; and
WHEREAS, the State's service area will be completely separate
from that of Bureau of Reclamatior under the Federal Central Valley
Project; and
WHEREAS, under the Federal San Luis Act, the State must and
will pay in full its proportionate share of the capital cost of the
San Luis Joint Use Facilities as construction proceeds and before
any water is delivered by either the United States or the State; and
WHEREAS, the Federal -State joint -venture concept embodied in
the Federal San Luis Act had not previously been contemplated at the times
the Rt'clamation Act of June 17, 1902, and acts amendatory tlereof or
supplementary thereto were under consideration by the Congress; and
WHEREAS, the Federal San Luis Act spectfi.cally provides that
the State shall not be restricted in the use of the capacities of the
San Luis Joint Use Facilites to which it it entitled by virtue of
having paid its proportionate share of the cost; and
WHEREAS, a review of the Congressional Committee reports
concerning the San Luis legislation indicates clearly that most of
the members of Congress were of the opinion that Federal Reclamation
Law would not and should not apply to the State in the service of its
water within its own service area; and
WHEREAS, State repayment policy does not envision establish-
ing the price for agricultural water substantially below the price for
municipal and industr.�_a1 water as is the case under Federal Reclamation
Law; and
WHEREAS, the need for supplemental water in both the Federal
and State service areas is urgent and thus construction of the San Luis
Joint Use Facilities must proceed as rapidly as possible; and
WHEREAS, in approving the California [dater Resources Develop-
ment Bond Act, the voters did so in the firm belief that State laws
and policies will govern the service of water from the State project;
and
WHEREAS, an attempt to impose Federal laws and policies upon
the State by means of the contract would inevitably lead to protracted
controversy and possibly litigation, with construction of the San
Luis Joint Use Facilities being delayed several years with resultant
hardship in the areas to be served water thereby including the area
within Orange County; and
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WHEREAS, impositc.on of Federal Reclamation Laws upon the State
could result in financtal difficulties for the State and prevent tie
State from being able to go forward with its water development program;
now,
THEREFORE, BE IT RESOLVED, that the State of California must be
free to operate the State Water Resources Development System and to deliver
water therefrom in accordance with State laws and policies; and
BE IT FURTHER RESOLVED, that the Federal officials concerned are
urged not to attempt to impose Federal laws and policies upon the State
in the service of State water within the State's service area; and
BE IT FURTHER RESOLVED, that copies of this Resolution be sent
to the P,esident of the United States, the Secretary of the Interior,
The Solicitor of the Department of The Interior, The Attorney General
of the United States, The Governor of California, the Director of Water
Resources of the State of California, each member of the California Con-
gressional delegation, State Senator Stephen P. Teals, Assemblyman Carley
V. Porter, and to each member of the Southern California legislative del-
egation.
PASSED AND ADOPTED this 18th day of December, 1961, by the following
roll call vote:
AYES: 5 COUNCILMEN: Arrowood, Denni, McCarney, Van Dyke and
Baroldi
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
ATTEST:
CITY CLERK OF THE ,CI • OF CYPRESS
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MAYOR OF THE CITY OF CYPRESS