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B-114885 1 (1968-12-30)

handle is hein.gao/gaobaaebz0001 and id is 1 raw text is: Analyst, PAD - Lamar White AO0NOV 7 1979 senior Attorneys OGC - Ceraldine 14.R ginown Litigaticn Against l.ater Projects Selected as Case Stuciosfor PAD 971CO (rile B-114885) in your review of 11ederal water projects, you learned that several of the projects selected as case studies are or have teen the subject of litigation. These are the North Loup Division (upper Yississipyi region), the Fryingpan-Arkansan Project, 4nd the Auburn-rolsow, South tnit (Mid-Pacific Region). You asked us whether the litigation would preclude your covering these projects in your report iii view of the office policy a.aitnbt reporting on matters at issue in litigation. %ou may include these three projects in your report since toe lawsuits concerning two of the. have been concludeud the litigation over the third project raises issues different irci4 the aspects your report will address. This conclusion ie Lased upon our review oi i4eadings in the several lawsuits that you obtained for us, and upon our understanding that y'cur StIudi dddresses the economic effects of decreasing or eliminating Federal subsidies for irrigation. The merits of the lawsuits look to entirely different issues. In Board of County Commissioners v. Andrus, Civil No. 75-M-1268, related to the OFryingpan-Arkanses Project, plaintiffs alleged that the National Environmental Policy Act (NEPA) had not been adequately complied with, ane requested a declaratory judgmient that contracts made for construction of the project were unlawful. Judgment dismissing the complaint was entered on Arril 19, 1977. National Resources Defense Couhcil v. Stamm, Civil Vo. S-2663, involving the A---ubrn-Folson South Unit, was decided on Airil 15, 1974. The court held that the Fureau of Reclamation ,iad not complied with the Environmental Impact Statement (EIS) requirements of VEPA and ordered that the EIS be aended. Jurisdiction was retained solely ior consideration of the sufficiency of the amended EIS and of Bureau comliance with a oecision of the California State Water Resources Control kk

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