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Finally, on February 17, 1959, following various efforts from the city and the Bureau of Reclamation, and battles with the Bureau of the Budget, legislation was introduced by Rees in the House (HR 4606) and Schoeppel and Carlson in the Senate (S 1092).
The next few months would see delays and compromises in the legislation, but over the next two years, work continued to implement the plan. Elections were held in April, 1959, in the city with Howse, Baird, and Gardner stepping down. They were replaced by a progressive slate, Herbert Lindsley, Levi Rymph, and Justus Fugate, who maintained the majority pushing for the project. On April 14, the new City Commission reaffirmed support for the project by a 3 to 2 vote and designated Howse as the personal representative of the mayor and the commission in working for implementation of the plan. From that point until the end, Howse remained in a position leading the charge for the city.
Numerous hearings, reports, and battles were fought. It was neither an easy task nor an uncomplicated one. But with the effort of the city, the state, the Congressional representatives, and the federal agencies involved, action was slowly achieved. On April 11, 1960, the Senate passed S 1092, amended to authorize construction of the Cheney project and sent it to the House. On August 31, 1960, the House passed the Senate bill with its own amendments, returning it to the Senate. On September 1, 1960, at 4:30 a.m. on the last legislation day of the Congressional session, the Senate approved the House version and it was ready for presidential signature.
Finally, on September 14, 1960, President Dwight Eisenhower signed Public Law 86-787 authorizing the Cheney project. The legislation allowed the Department of the Interior to authorize a contract with the city of Wichita providing for repayment of project costs for the Cheney Reservoir allocated to municipal water supply purposes. The city would make 40 successive variable annual payments based on projected water use.
In comparison to other such projects, the legislation moved rapidly through Congress despite how long it seemed to the participants. Howse reported after hearing of the presidential signature that "the City of Wichita established 'some kind of record' at the federal government level in getting the Cheney Reservoir legislation in two years of effort." (Eagle, 9/16/60). Many reservoir proposals had been before Congress as long as 25 years with no action. Senator Schoeppel credited the ground work which had been carefully prepared at both the local and state level. He said, "Not one time were any Congressional departments able to point a finger at something remaining to be done. Every phase had been calculated and done in advance." (Eagle, 9/16/60). The federal government's early study of the area provided a strong basis for the project. In addition, the delays which occurred in the city because of its political conflicts actually allowed the project to become more fully planned before going to Congress, so that it could attain relatively rapid approval. Eisenhower had vetoed several other public works projects and for some time there was some question about the fate of Wichita's. Howse called the action "the most important piece of legislation for Wichita since Kansas was admitted to the Union." (Eagle, 9/16/60). Later M.G. Barclay, Bureau of Reclamation engineer, said that the Cheney project "had the most rapid advancement to approval of any experienced in his 25 years of federal service." (Eagle, 1/27/61). The first look at the need for a reservoir had begun in 1947, with the overall period relatively short compared to the 40 or more years for other such projects.
With the signing of the bill, a long period of struggle had ended. However, a significant battle still remained. Even though the project was approved, appropriations were needed before it could be implemented. Over $10 billion in projects had already been authorized but with no appropriations, and for $6.6 billion in projects the funding was appropriated on a year by year basis. Therefore, there was stiff competition for the money. Officials of the city as well as the Bureau of Reclamation worked in a concerted effort to get the project into the federal budget. An initial step was taken on October 19, 1960, when the City Commission unanimously approved an advance payment of $5,000 to initiate work on the project by revising and reallocating cost estimates and for finalizing the contract on the city's repayment schedule. Even Madden and Stevens had apparently accepted the project.
On January 13, 1961, Eisenhower announced his proposed federal budget for fiscal year 1962. It included $1.2 million for the Cheney project to be used in finalizing design and specification plans, acquisition of the land and land rights, and awarding the construction contract. With the news, it became clear that the Cheney Reservoir would indeed begin to be implemented. Senator Schoeppel said that the $5,000 payment from the city showed its support for the project and was "a mighty important step that led to the President including this in his budget request." (Eagle, 1/14/61).
The project was ready to be initiated. On January 18, a contract between the city and the federal government was signed, authorizing the construction of the Cheney Reservoir, after it had been drawn up and approved by the City Commission on the 17th. Secretary of Interior Seaton signed the authorization for the federal government to enter into the contract in Washington, in Senator Schoeppel's office. Immediately, the news was relayed to the regional director in the Bureau of Reclamation's Oklahoma City office who signed the contract on behalf of the federal government. Commissioner Fugate, also in Oklahoma City, signed for Wichita, making it official. Howse, in Washington, had arranged the signing.
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 Justus A. Fugate, mayor 1959-1960.
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The contract called for the federal government to construct the reservoir for a total cost of $18,274,000. Of this amount the city would repay $7,333,000 for the water supply portion, not counting interest, which was much less than the original $9,377,000 authorized in the election in 1956. The funds from the federal government would include $6,222,000 for flood control, $4,101,000 for conservation of fish and wildlife, $338,000 for recreation facilities, and $390,000 for wildlife facilities. The contract also specified that the city would pay back its portions in an "ascending curve" instead of flat payments to allow the higher payments to come later when water revenues increased with consumption. Payments would begin at $192,500, increasing to a maximum of $379,300 in the 40th year.
In addition, the city was relieved of any liability to rebuild the dam in the event of its destruction by some major disaster. The city would operate the water supply and flood control portion, with the state of Kansas operating the rest, all subject to federal policies. An additional $7,650,000 would be spent by the city for a pipeline to the reservoir, pre-treatment facilities and pumping equipment.
Before the contract could be placed into effect, federal law required a validation of the contract by the state courts. Subsequently, upon a "quo warranto" suit being filed by the state, the Sedgwick County District Court ruled on January 31 the contract was valid and properly authorized by vote and state statute. In an "unprecedentedly prompt" action, the Kansas Supreme Court upheld that ruling on March 9, giving final state clearance to the Cheney project. (Eagle, 3/10/61). The time taken to attain state court confirmation was 49 days, which was much less than the six months which would normally be required. Morton, the city's special water counsel, reported the time period was probably close to the minimum possible and would help the city "retain a vitally necessary priority on the list of cities and states awaiting similar appropriations by Congress." (Eagle, 3/10/61).
When President John F. Kennedy assumed office on January 20, 1961, his orientation toward increased public works programs soon became evident. On March 17, Kennedy made an appeal to Congress to accelerate public works projects to help stimulate the national economy. New Secretary of the Interior Stewart L. Udall responded by asking Congress to allocate $100,000 in unexpended fiscal 1961 bonds for immediate work on the Cheney Reservoir, setting up preliminary drilling and testing. The funds would allow the target date for awarding the prime contract for the dam and reservoir to be pushed up four months, from June to February, 1962, and would be in addition to the 1962 budgeted amount, rather than just an advance. As noted by Representative Garner E. Shriver, the quick response by Wichita and the Kansas courts in approving the contract made the accelerated request possible.
The President's request for action specifically mentioned Lake Wichita (Cheney Reservoir) along with a reclamation project in California's Red Bluffs, advancing the projects ahead of $16.5 billion in previously authorized projects. The city received even more good news when Kennedy announced his fiscal 1962 budget which added $1.5 million to the budget request, making a total request of $2.7 million for
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