B-129757, NOV. 29, 1956

B-129757, NOV. 29, 1956

TO COMMISSIONER, UNITED STATES SECTION, INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 8, 1956, REQUESTING THE CONSIDERATION OF OUR OFFICE CONCERNING A PROPOSED PLAN BY YOUR COMMISSION TO REMOVE AND RELOCATE, OR REPLACE, PUMPS AND OTHER FACILITIES BELONGING TO THE HIDALGO COUNTY WATER CONTROL AND IMPROVEMENT DISTRICTS NUMBERS 7 AND 14 OF MISSION, TEXAS.

IT IS STATED THAT THE PLAN IS NECESSARY BECAUSE OF THE CONSTRUCTION OF A FLOOD CONTROL AND DIVERSION DAM KNOWN AS THE ANZALDUAS DAM AND A DIVERSION CHANNEL ABOVE THE SAME KNOWN AS THE MISSION INLET TO THE MAIN FLOODWAY, AND THE CONSTRUCTION OF CERTAIN LEVEES UPSTREAM FROM THE INLET TO COMPLETE WHAT IS KNOWN AS THE LOWER RIO GRANDE FLOOD CONTROL PROJECT. THERE IS NOW IN USE ACROSS THE AREA OF THE MISSION INLET AN AQUEDUCT BELONGING TO THE DISTRICTS CONNECTED TO A PUMPING STATION ON THE RIO GRANDE RIVER. THE DISTRICTS' AQUEDUCT IS REQUIRED TO BE REMOVED OR DESTROYED TO ACCOMMODATE THE MISSION INLET AND LEVEE FEATURE OF THE PROJECT.

TWO PLANS ARE PROPOSED TO ENABLE THE DISTRICTS TO CONTINUE THEIR OPERATION IN THE AREA. THE FIRST IS TO REMOVE THE DISTRICTS' PUMPS UPSTREAM FROM THEIR PRESENT LOCATION AND CONNECT THE SAME WITH THE DISTRIBUTION LATERALS SERVING THE DISTRICTS' LANDS THROUGH A CANAL WHICH WILL BE ADJACENT TO A LEVEE PROPOSED TO BE CONSTRUCTED BY THE UNITED STATES AS PART OF THE PROJECT. IT IS REPORTED THAT GREATER BENEFITS WILL INURE TO THE UNITED STATES IF THAT PLAN IS ADOPTED RATHER THAN THE ALTERNATIVE IN THAT THE WORKS OF THE DISTRICTS WILL BE ENTIRELY OUTSIDE OF THE MISSION INLET AREA AND SAVINGS TO THE UNITED STATES WILL RESULT IN THE REDUCED COST OF CONSTRUCTING ITS PROJECT BECAUSE OF GREATER VOLUMES INVOLVED. THIS PLAN, YOU EXPLAINED, WILL REQUIRE CONSIDERABLE FINANCING ON THE PART OF THE DISTRICTS. AS AN ALTERNATIVE PLAN, IF THE DISTRICTS ARE UNABLE TO FINANCE THE REMOVAL AND RESTORATION OF THEIR PUMPS, IT IS PROPOSED TO LEAVE THEM IN THEIR PRESENT LOCATION AND TO CROSS THE MISSION INLET WITH A DOUBLE BARREL SIPHON TO CONNECT WITH THE LATERALS NOW SERVING THE DISTRICTS' LANDS.

THE ENGINEERS OF YOUR AGENCY HAVE INDICATED THE MINIMUM COST TO THE UNITED STATES FOR THE REPLACEMENT IN KIND OF THE DISTRICTS' PRESENT FACILITIES TO BE $267,000.

IN ORDER TO ACCOMPLISH THE NECESSARY WORK TO EXECUTE THE PLANS REFERRED TO, YOU PROPOSE TO ENTER INTO A CONTRACT WITH THE DISTRICTS UNDER THE AUTHORITY OF THE ACT OF AUGUST 27, 1935, 49 STAT. 906, 22 U.S.C. 277E, WHICH READS IN PART AS FOLLOWS:

"WHENEVER THE CONSTRUCTION OF ANY PROJECT OR WORKS UNDERTAKEN OR ADMINISTERED BY THE SECRETARY OF STATE THROUGH THE INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES AND MEXICO, RESULTS IN THE INTERFERENCE WITH OR NECESSITATES THE ALTERATION OR RESTORATION OF CONSTRUCTED AND EXISTING IRRIGATION OR WATER-SUPPLY STRUCTURES * * * OR OTHER STRUCTURES OR PHYSICAL PROPERTY BELONGING TO ANY MUNICIPAL OR PRIVATE CORPORATION, COMPANY, ASSOCIATION, OR INDIVIDUAL, THE SECRETARY OF STATE MAY CAUSE THE RESTORATION OR RECONSTRUCTION OF SUCH WORKS, STRUCTURES, OR PHYSICAL PROPERTY OR THE CONSTRUCTION OF OTHERS IN LIEU THEREOF OR HE MAY COMPENSATE THE OWNERS THEREOF TO THE EXTENT OF THE REASONABLE VALUE THEREOF AS THE SAME MAY BE AGREED UPON BY THE AMERICAN COMMISSIONER WITH SUCH OWNER.'

IT IS YOUR VIEW THAT THE ABOVE QUOTED PROVISION GIVES YOUR COMMISSION THE AUTHORITY TO ENTER INTO A CONTRACT WITH THE DISTRICTS TO EITHER PAY THE COST OF REMOVING AND RELOCATING THEIR FACILITIES OR TO PERFORM SUCH REMOVAL AT THE COST OF THE UNITED STATES, SO LONG AS SUCH COST DOES NOT EXCEED THE REASONABLE COST OF SUCH REMOVAL AND RELOCATION UNDER EITHER PLAN. YOU HAVE ENCLOSED A PROPOSED CONTRACT WHICH EMBRACES THE UNDERSTANDING BETWEEN THE PARTIES AS TO THE RESPONSIBILITY OF THE UNITED STATES AND THE DISTRICTS IN CASE THE DISTRICTS EITHER ELECT TO RELOCATE THEIR PUMPING PLANT OR ELECT NOT TO RELOCATE THEIR PUMPING PLANT.

THE SUGGESTED PLANS FOR RELOCATION AND REMOVAL, OR REPLACEMENT, OF THE DISTRICTS' FACILITIES, AS SET OUT IN YOUR LETTER AND EMBODIED IN THE PROVISIONS OF THE PROPOSED CONTRACT SUBMITTED WITH YOUR LETTER, WOULD SEEM TO FALL WITHIN THE AUTHORITY VESTED IN THE SECRETARY OF STATE UNDER THE ACT OF AUGUST 27, 1935, QUOTED ABOVE. ACCORDINGLY, THE REASONABLE COST OF REMOVING AND RELOCATING THE DISTRICTS' FACILITIES UNDER THE PROPOSED CONTRACT MAY BE CONSIDERED AS CHARGEABLE AGAINST THE APPROPRIATIONS AVAILABLE TO YOUR COMMISSION FOR THAT PURPOSE.