Resolution Number 61-12-11-111'7
RESOLUTION N0. 61-12-11-1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO CONCERNING THE PROPOSED CON-
TRACT 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 Cali-
fornia are currently negotiating a contract under the provisions of The Federal
San Luis Act of June 3, 1960 (74 Stat. 156) 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, parti-
cularly 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 Reclamation 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 Reclamation Act of
June 17, 1902, and acts amendatory thereof or supplementary thereto were under
consideration by the Congress; and
WHEREAS, the Federal San Luis Act specifically provides that the State shall
not be restricted in the use of the capacities of the San Luis Joint Use Facilities
to which it is 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 establishing the price for
agricultural water substantially below the price for municipal and industrial 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
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WHEREAS, in approving the California Water Resources Development 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
WHEREAS, imposition of Federal Reclamation Laws upon the State could result
in financial difficulties for the State and prevent the 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 accor-
dance 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.
Mayor of the City of
ATTEST: San Juan Capistrano
City Clerk of the City of
San Juan Capistrano
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO)
I, ERNEST A. THOMPSON, City Clerk of the City of San Juan Capistrano, hereby
certify that the above and foregoing resolution was duly and regularly adopted by
the City Council at a regular meeting thereof held on the 11th day of December 1961,
and passed by the following stated vote, to wit:
AYES: Councilmen: DURNFORD, BATHGATE CHERMAK, OLIVARES and BUCHHEIM
NOES: Councilmen: NONE
ABSENT: Councilmen: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 11th day of
December, 1961.
City Clerk of the City of
San Juan Capistrano