Title: Comparative Summary
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00003122/00001
 Material Information
Title: Comparative Summary
Physical Description: Book
Language: English
Publisher: President's Water Resources Policy Commission
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Richard Hamann's Collections - Comparative Summary
General Note: Box 12, Folder 9 ( Water Resources Law - Vol #3 - 1950 ), Item 40
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00003122
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

Chapter 10

Comparative Summary

In previous chapters, we traced the growth of federal law
affecting the development, utilization, and conservation of
water resources, including related uses of land. That law de-
veloped in response to expressed needs arising from time to
time, as to one and then another of the purposes for which
water may be used or controlled: navigation, flood control, irri-
gation, power, and other public purposes. Nor did this devel-
opment overlook water's relationship to uses of land. For the
most part, each of these needs has received separate legislative
treatment as it has arisen, and separate administrative ma-
chinery for the several needs has confirmed and extended this
We have also seen, however, that the potentialities of uses of
structures for more than one purpose and the inevitable physical
interrelationships among structures on the same river system
have led to multiple-purpose projects and toward comprehen-
sive development. This evolution we outlined in the pre-
ceding chapter.
But the process has continued without substantially alter-
ing the underlying bodies of separate law which are still largely
articulated with the principal water-resource purposes. And
since these underlying bodies of law have not been substan-
tially altered, a composite of the separate, differing, and often
conflicting statutory provisions constitutes the law applicable
to federal responsibilities for and participation in water-
resource activities. This "law" is thus a unit in name only.
To understand the practical impact of that law, it is not
sufficient to have described the historical origins and growth
with respect to each separate purpose. Rather, it is necessary
to consider together the provisions applicable to each func-

tional step in the conception and execution of a program of
multiple-purpose project development. In other words, our
purpose here is to summarize comparatively the principal por-
tions of the law applicable to preparing for projects, to the
review and authorization of plans and projects, to their design
and construction, their financing, and their operation and main-
tenance. In addition, we shall summarily refer to certain
significant aspects of other programs related to the develop-
ment of projects.
Moreover, we shall see that on one matter, one body of law
may be silent while another is explicit. For the development
of the law applicable to the various purposes and agencies is
by no means coextensive. Reference to administrative practice
in such cases will be informative.

Preparing for Projects
Three segregable aspects of preparation will be considered
here: the collection of data, program development, and project
CoLLWCnoN or DATA.-Common sense dictates the need for
collection in usable form of physical and other data as a pre-
requisite to activities seeking to develop, utilize, or conserve
water resources. Such physical data include topographic
and geologic maps; soil and mineral surveys; hydrologic data
on precipitation, snow pack, snow melt, stream flow, and
ground-water conditions; and meteorological data on tempera-
tures and evaporation. Need for other data may extend to
such matters as population trends, industrial and agricultural
activities and opportunities, transportation, and power re-
quirements and markets.
-Provision has been made in numerous statutes for the col-
lection of such data by several federal agencies. The more
significant of these were grouped and reviewed in the chapter
on Other Public Purposes.1 While there is thus no need to re-
peat all of those provisions, we should mention here certain
of their features.
SSee supra, pp. 842348.

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