PROTECTION AND DEVELOPMENT OF LOWER COLORADO RIVER BASIN HEARINGS BEFORE THE COMMITTEE ON IRRIGATION OF ARID LANDS HOUSE OF REPRESENTATIVES SIXTY-SEVENTH CONGRESS SECOND SESSION ON H. R. 11449 By Mr. SWING PART 1 JUNE 15, 16, 21, 1922 WASHINGTON- GOVERNMENT PRINTING OFFICE WO 1922 COMMITTEE ON IRRIGATION OF ARID LANDS. HOUSE OF REPRESENTATIVES. SIXTY-SEVENTH CONGRESS, SECOND SESSION. MOSES P. KINKAID, Nebraska, Chairman. NICHOLAS J. SINNOTT, Oregon. CARL HAYDEN, Arizona. EDWARD C. LITTLE, Kansas. C. B. HUDSPETH, Texas. ADDISON T. SMITH, Idaho. JOHN E. RAKER, California. JOHN W. SUMMERS, Washington. HOMER L. LYON, North Carolina. HENRY E. BARBOUR, California. WILLIAM B. BANKHEAD, Alabama. E> O. LEATHERWOOD, Utah. WILLIAM WILLIAMSON, South Dakota. SAMUEL S. ARENTZ, Nevada. MANUEL HERRICK, Oklahoma. A. R. HUMPHREY, Cleric. PROTECTION AM) DEVELOPMENT OF LOWER COLORADO RIVER BASIN. COMMITTEE ox IRRIGATION OF ARID LANDS, HOUSE or REPRESENTATIVES, Thursday. June 15. The committee met at 10.30 o'clock a. m.. Hon. Moses P. Kinkaid (chairman) presiding. The CHAIRMAN. The committee will be in order. This hearing has been called for the purpose of hearing those who are interested in the problems of the Imperial Valley and vicinity with respect to irrigation from the Colorado River. Mr. Swing, \ve will say that we have a report on the Swing bill, just received a few minutes ago from Hon." Albert B. Fall. Secretary of the Interior. I am going to leave it to you to outline the program this morning. Do you wish to read that report? Mr. HAYDEN. My suggestion would be that the bill be printed at the beginning of the hearing, followed by the printing of the report, so that members of the com- mittee and the Congress may have it for convenient reference. (The bill referred ^o. H. R. 11449, and the report of Secretary Fall thereon are here printed in full, as follows:) [H. R. 11449. Sixty-seventh Congress, second session.] A BILL To provide for the protection and development of the lower Colorado River Basin. Be it. enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That for the purpose of providing for the regulation, control, and development of the Colorado River, an international, interstate, and navigable stream, in accordance with a comprehensive and unified plan, conserving natural resources, and aiding flood control, water supply, and power development, the United States hereby reserves to itself the exclusive right to construct, provide, and control dams, reservoirs, or diversion works upon the main trunk of said river below the mouth of the Green River. SEC. 2. That, for the purpose of regulating the lower Colorado River and controlling the floods therein, providing storage of water for irrigation, securing the development of electrical power, and providing homes for honorably discharged men and women of the United States Army, Navy, and Marine Corps who served therein during the war with Germany, the War with Spain, or in the suppression of the insurrection in the Philippines, the Secretary of the Interior is hereby authorized and empowered to construct a dam and incidental works for the purpose of providing a reservoir at or near Boulder Canyon on said river, adequate for the purposes aforesaid, and to acquire by proceedings in eminent domain or otherwise all lands and rights of way necessary for the said reservoir and incidental works: also to construct a main canal and appur- tenant structures located entirely within the United States, connecting the Laguna Dam on said river with the Imperial and Coachella Valleys, in California, together with such other canals and structures as may be required for the distribution and delivery of water from said reservoir and said river to lands in the United States which said Secretary may find practicable of irrigation and reclamation therefrom, and to acquire by proceedings in eminent domain or otherwise all rights of way neces- sary for such canals and structures. No expenditures for the construction of canals or appurtenant structures authorized hereunder shall be made until the lands to be irrigated thereby shall have first been legally obligated to repay their proper portions, as may be determined by the Secretary of the Interior, of the total costs thereof to the United States in accordance with the terms of repayment prescribed in the act of Congress approved June 17, 1902, entitled "An act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construc- tion of irrigation works for the reclamation of arid lands, " and acts amendatory thereof \ or supplementary thereto, hereinafter referred to as the reclamation law. 1 15 2 DEVELOPMENT OF LOWER COLORADO RIVER BASIX. SEC. 3. That the Secretary of the Interior is empowered to receive applications for the right to use for the generation of electrical power portion" of the water di^chanred from said reservoir and available for the generation of electrical power at said dam, and, after full heiring of all concerned, to allocate to such applicants such portions of auch power privileges as, in his judgment, may be consistent with an equitable distribution thereof among the various interested States and among the various interested communities in each State. The .f.d'I Secretary, in making such allocation, I may give consideration to the plans of the various applicants, having regard to their N relative adaptability to utilize such power privileges in the public interest, and at reasonable cost to the communities served: Provided, That subject to such allocations he shall give preference to applications made by political subdivisions. SEC. 4. That the said Secretary is authorized to make leases of the power privileges so allocated, limited to fifty years, on such terms and under such regulations as he may prescribe, and to fix what he may find to be a reasonable compensation therefor. Upon or after the expiration of any such lease, or renewal thereof, the United States may take over the property of the lessee which is dependent for its usefulness upon the continuation of the lease, and if it shall do so shall pay to the lessee its net invest- ment in the property taken, not exceeding the fair value thereof at the time it is so taken, with reasonable severance damages to property of the lessee not taken. Such net investment, or fair value and damages, if not agreed upon, shall be fixed by a proceeding in equity in the district court of the United States in the district in which such property, or some part thereof, is situated. If the United States does not exer- cise its right to take over such property, the Secretary of the Interior may, by agree- ment with the lessee, renew the said lease for not more than fifty years, or in his discretion may make a lease under the terms hereof to a new lessee, upon the condition that such new lessee shall pay to the former lessee such net investment and damages determined as aforesaid. If such property is not taken over by the United States, or such new lessee, or such lease renewed, the said Secretary shall extend such lease from year to year until such property is so taken over or such lease renewed. SEC. 5. That any such political subdivision, instead of entering into a lease, may, with the consent of the Secretary of the Interior, as the consideration for such power privileges as may be allocated to it as above provided, pay to the United States in annual installments, during such period not exceeding twenty-five years as may be agreed upon, a total sum which shall bear the same proportion to the cost of construct- ing such dam and incidental works and acquiring lands and right? of way for said reservoir and incidental works, as the water allocated to such political subdivision bears to all the water available for the generation of power at said dam, together with a like proportion of the annual expense of operating and maintaining such dam and incidental works and interest at the rate of 5 per centum per annum on the unpaid portion of such proportionate part of such cost. Any or all of the installments of such proportionate part of such cost may be paid in advance. The right to use for the generation of electrical power the water so allocated, shall continue after the comple- tion of the payment of such proportionate part of such cost, so long as such political subdivision shall pay annually such proportionate part of such expense of operating and maintaining such dam and incidental works. The said Secretary is authorized on such terms and under such regulations as he may prescribe to make any contracts which may be necessary to carry into effect the provisions of this section. The title to said dam and incidental Avorks and reservoir site shall forever remain in the United States. Until the completion of said dam and incidental works the Secretary of the Interior is authorized to use any money received under this and the preceding section for the construction of said dam and incidental works. SEC. 6. That the right to develop power from the water in any canal constructed under this act, at points along such canal, shall belong to the districts, communities, and lands which contribute to the construction costs of such canal and appurtenant structures, in proportion to their contributions: Proridfd, That so long as any money is owing to the United States on account of the construction of said canals and appur- tenant structures, the Secretary of the Interior shall control the disposition of said rights to develop power and the net proceeds from any power development in said canals shall be applied upon such construction charges and covered into the Treasury of the United States, and credited to the various districts, communities, and lands in accordance with their interests in said canals. SEC. 7. That no part of the cost of the construction of said dam or incidental works, or the acquisition of lands or rights of way for said reservoir, or incidental works. shall be charged against any lands to be irrigated therefrom, but the total cost of all /- irrigation canals and appurtenant structures which may be constructed hereunder shall be charged equitably against such lands, in accordance with the benefits they derive therefrom as mav be determined bv the Secretarv of the Interior. DEVELOPMENT OF LOWER COLORADO RIVER BASIX. 3 SEC. 8. That the dam and reservoir provided for by section 2 of this act shall be used, first, for river regulation and flood control; second, for irrigation; and third, for power. SEC. 9. That nothing contained in this act shall be construed as limiting, diminish- ing, or in any manner interfering with any vested rights of the States above said reservoir, or of the citizens of said States, to the use, within the Colorado Eiver water- l shed, of the waters of said Colorado River. SEC. 10. That all lands of the United States found by the Secretary of the Interior to be practicable of irrigation and reclamation by the irrigation works authorized by the terms of this act shall be withdrawn from public entry. Thereafter when such works shall have been so far constructed as to permit the delivery of water to any portion of said withdrawn lands which the Secretary of the Interior shall deem proper to open for entry, such portion of said lands shall be opened to entry in tracts, vary- ing in size, but not exceeding one hundred and sixty acres, as may be determined by the Secretary of the Interior, in accordance with the provisions of the reclama- tion law, and any such entryman shall pay the proportionate share, as determined by the said Secretary, of the construction cost of the canal or canals and appurtenant structures, constructed for the irrigation and reclamation of said lands, as provided for by this act, such construction cost to be paid in such installments, and at such times as may be specified by the Secretary of the Interior, in accordance with the provisions of the said reclamation law: Provided, That all persons who have served in the United States Army, Navy, or Marine Corps during the war with Germany, the war with Spain, or in the suppression of the insurrection in the Philippines, and who have been honorably separated or discharged therefrom or placed in the Regular Army or Navy Reserve, shall have the exclusive preference right for a period of three months to enter said lands; and also, so far as practicable, preference shall be given to said persons in all construction work authorized by this act: Provided, That in the event such an entry shall be relinquished at any time prior to actual residence upon the land by the entryman for not less than one year, lands so relin- quished shall not be subject to entry for a period of sixty days after the filing and notation of the relinquishnient in the local land office, and shall, after the expiration of such sixty-day period, be subject to entry by the first qualified applicant. SEC. 11. That for the purpose of constructing said dam and incidental worVs, and acquiring lands and rights of way for said reservoir and incidental works, and con- structing said main canal from Laguna Uam to Imperial and Coachella Valleys, and appurtenant structures and acquiring rights of way therefor, there is hereby author- ized to be appropriated, from any moneys ii : the Treasury not otherwise appropriated , such amounts as may be necessary to carry out the purposes of this act, not exceeding in the aggregate the sum of $70,000,000, to be appropriated from time to time upon estimates made by the Secretary of the Interior and transferred to the reclamation fund established under said reclamation law. All moneys received under leases and contracts authorized by sections 4 and 5 of this act, in excess of the expenseof operating and maintaining said dam and incidental works, and not used for construction as pro- vided in section 5 hereof, shall be covered into the Treasury of the United Stutes. All moneys transferred from the General Treasury to the reclamation fund, and used for the construction of any canal or appurtenant structures authorized under this act, shall be repaid by the districts, communities, and lands benefited thereby, and the Secretary of the Interior is hereby empowered, after a full hearing of all concerned, to allocate the costs of any such canal and appurtenant structures among the various districts, communities, and lands served thereby, according to the benefits derived therefrom. SKC. 1'2. Thai nothing in this act shall be construed as modifying in any manner the existing contract. dat*':i October 'J:!. I'.US, between the Unitc'l States and Imperial irrigation district, providing for a connection with Laguna Dam; but the Sec- retary of the Interior is authorized to modify the said contract, with the consent of the said district, in order to provide for the construction, in accordance with the terms of this act, of a canal or canals and appurtenant structures, adequate to serve the lands of said district, and other lands that may be served thereby, and to equitably allocate the costs thereof. SEC. 13. That wherever the words "political subdivision" or "political subdi- visions" are used herein they shall be understood to include any State, district. municipality, or other governmental organization. 4 DEVELOPMENT OF LOWER COLORADO RIVKR BASIN. THE SECRETARY OF THE INTERIOR. Washington, June 14, 19..' :. Hon. M. P. KIMKAID. Chairman Committee on Irrigation of Arid Lands. House of Representatives . MY DEAR MR. KINKAID: Reference is made to your letter of May 3, 1922, trans- mitting copy of H. R. 11449. "A bill to provide for the protection and development I of the Lower Colorado River Basin." with request for report. The Colorado River is an interstate and international stream, the lower portion of which is navigable. The proposed measure affects the entire stream system touching the States of Arizona. California. Colorado. Nevada. New Mexico. Utah. Wyoming, and the Republic of Mexico. The mean annual discharge of the Colorado River at Lagima Dam. near Yuma, Ariz., is 16,400,000 acre-feet of water, as shown by meas- urements taken in the years 1899 to 1920, inclusive. The problems arising from the use of this river have been for many years the subject of much discussion and specula- tion. They relate principally to flood control, irrigation, and power, and involve differences actual and potential between private citizens, between States of this Republic, and between the United States and the Republic of Mexico. In 1921 the States above mentioned, by acts of their respective legislatures, pro- vided for the appointment of commissioners to negotiate an agreement between said States respecting the use of the water of said river, and by act of August 19, 1921 (42 Stat. 171), the United States consented to the making o"f such an agreement and the President, under said act. appointed Mr. Herbert Hoover to represent the United States in such negotiations. These several representatives have organized into what is known as the Colorado River Commission, have held hearings in Washington and in the West, but have as yet reached no agreement. The act of May 18, 1920 (41 Stat. 600), authorized the Secretary of the Int-rior to have made an examination and report on possible irrigation development of lands in southern California from the waters of the Colorado River. A preliminary report under this act was made by the Director of the Reclamation Service in 1920 and theame was printed by your committee in January. 1921. under the title, "Preliminary report on problems of Imperial Valley and vicinity." Under the authority of said act of May 18, 1920, the preliminary report referred to has been followed by a more detailed report made by the Director of the Reclamation Service in January, 1922. This later report is now being printed as Senate Docu- ment No. 143 under the title, "Report on problems of Imperial Valley and vicinity." In the report last named, the following recommendations are made relative to the use of the Colorado River, to wit: 1. It is recommended that through suitable legislation the United States undertake the construction with Government funds of a high line canal from Laguna Dam to the Imperial Valley, to be reimbursed by the lands benefited. 2. It is recommended that the public lands that can be reclaimed by such works be reserved for settlement by ex-service men under conditions securing actual settle- ment and cultivation. 3. It is recommended that through suitable legislation the United States undertake the construction with Government funds of a r?s Tvoir at or n to use of storage water for irrigation (3) to development of power. The high line canal from Laguna Dam to the Imperial Valley, referred to above in recommendation Xo. 1 . is the subject of a separate report made in 1919 by a board consisting of Messrs. Elwood Mead. W. W. Schlecht. and C. E. Grunsky. This report is published under the title. "The All-American Canal." and a copy of same is in- /" closed for your information. H. R. H449 seemingly is intended to give legislative expression to a considerable extent to the above-mentioned recommendations of the report on problems of Imperial DEVELOPMENT OF LOWER COLORADO RIVER BASIX. 5 Valley and vicinity, which recommendations I have heretofore approved. The bill would provide for a total appropriation from the General Treasury of $70.000,000. Apparently it would be the plan to utilize about $48,000.000 for the building of a dam and incidental works at or near Boulder Canyon, and the remainder for construc- tion work upom the All-American Canal from Laguna Dam. It is roughly estimated that for $48,000.000 there could be constructed at or near Boulder Canyon, a dam 600 feet in height having a capacity of about 24. 000, 000 acre- feet. The upper 5.000.000 acre-feet of this capacity could be utilized principally for flood control, and incidentally for irrigation and power, 14,000.000 acre-feet of the capacity could be utilized primarily for irrigation and power with preference for the former, while the lower 5.000.000 acre-feet would be required for the storage of silt. Such a reservoir would develop about 700.000 firm turbine horsepower, on the assumption of the irrigation of a total area of 2.000.000 acres of land above the reservoir, and a total area of 1.500.000 acres below the reservoir. The bill proposes that the cost of this reservoir be not charged against any of the land to be irrigated with its waters, but that such cost be returned from the sale of the right to use the water of the reservoir for the generation of the electrical power. The proposed reservoir would be of great importance in controlling the destructive floods of the lower Colorado. Through the deposit of silt the river has for years been gradually building up a great delta cone across the head of the Gulf of California, and back of this cone it has been gradually elevating its channel. As a result, in periods of high water it breaks its low and unstable banks, overflowing the surrounding country and producing great loss of property. These floods are a particular menace to large developments in and about Yuma, Ariz., and in the Imperial Valley in California. They have been guarded against to a certain extent by the construction of expensive levees, which, however, afford a most inadequate protection. A large reservoir in the vicinity of Boulder Canyon could be so used as substantially to eliminate the flood menace of the Colorado River, but in order to secure complete protection it would be necessary to take further precautions against the floods from the Gila River, which joins the Colorado a short distance above Yuma. However, the floods in the latter are of short duration and of relatively small total volume, and as a rule occur in winter and do not coincide with those on the main Colorado. The suggested reservoir at or near Boulder Canyon would provide a water supply for the irrigation of large areas of fertile land in the lower Colorado Basin that can not be developed without the storage of water-. The area of new lands in California and Ari/onia feasible of irrigation under such a reservoir is roughly estimated at 700,000 acres, while in addition a more stable and certain water supply could be provided for 520,000 acres heretofore irrigated. The generation of electrical power at the proposed reservoir would have an important relation to the conservation of the oil and coal supply of the Nation. The cost of the main All-American Canal, including connections at Laguna Dam, is estimated at $30,000,000. The 515,000 acres in the Imperial irrigation district and the 432,000 acres of new lands above referred to could all be served with irrigation water from this canal. At the present time the Imperial irrigation district is dependent for a water supply upon a very uncertain and unsatisfactory diversion at Hanlon Heading and conveyance through a canal on Mexican soil. The substantial difficulties arising from this situation would be obviated by the construction of the All-American Canal. Of the lands irrigable from the developments proposed by H. R. 11449, 166,900 irrigable acres are public lands in California, and these would be opened to entry with preference rights to former soldiers . The text of the contract of October 23, 1918. between the United States and the Imperial irrigation district referred to in section 12 of the bill appears on pages 67 to 71, inclusive, of the copy of report on "The All-American Canal" transmitted here- with. No actual construction work has been done by the district under this con- tract, but the sum of $96.000 has been paid by the district to the United States to apply upon the total obligation of $1.600.000" incurred under the contract for the right to connect with and use Laguna Dam. I am in general agreement with the provisions of the bill, but there are other con- siderations which have impressed themselves upon me and which I think justify the suggestion of the following amendments: Page 10, line 12. insert after the word "district": "Or to enter into a new contract or contracts with the said district, or any private corporation, or any corporation subsidiary to such district. " Page 10. line 16. insert after the word "thereof" and before the period: l'mri.\vis. Yes. sir. Mr. RAKER. Would that relieve the condition down at the diverting dam of the present Imperial Valley Canal? Mr. DAVIS. No. Relief at that point requires a connection of the Imperial Canal with the Laguna Dam, which means the building of about 15 or 16 miles of canal. Mr. RAKER. The floods being controlled, could those people use their present works with considerable safety? Mr. DAVIS. With greater safety, yes. sir: but the floods of the Gila River, of course, would still be there and until that is taken care of I do not think the conditions would be entirely safe. Mr. RAKER. Then with the Boulder Canyon Dam completed and with the present condition of the works there, the Imperial Valley people are still in the same condition they are now, by virtue of the flood waters from the Gila River? Mr. DAVIS. No; not the same condition they are in now, because the major menace will be removed. The greatest menace to the Imperial Valley is not merely the breaking of the levees, but a break at the beginning of the high water period of the Colorado River, when it will be in too large volume to be controlled, and will continue to run into the valley for a period of months, cutting a great deep gash in there that it will afterwards be practically impossible or at least very difficult and very expensive to close, and which would submerge a lot of land before you could get it closed. Mr. RAKER. If we are now going to relieve them from the flood waters of the Colorado River, they will still have difficulty on their hands by virtue of the flood waters from the Gila River, even though the Colorado River floods are controlled? Mr. DAVIS. Xo, sir; for this reason: The floods of the Gila River are so short that while they will still have to levee against them, they are not very likely to destroy the levee because they do not last long enough to cut the banks and" undermine the levee; and in the second place, if they should destroy the levee and go through, they are over so quickly that repairs can be made in the dry. Mr. SWING. The Imperial Valley would still have the problem of getting the water out of the river and getting it to the Imperial Valley without going to Mexico, unless the all- American canal were built? Mr. DAVIS. Yes. Mr. RAKER. I was leaving Mexico out of it and was just referring to the physical conditions already existing. Mr. DAVIS. Yes. The Gila River should ultimately be controlled, but the floods from that river are not as dangerous by any means as tne floods of the Colorado. Mr. HAVDEX. In your report you state that there are 520,000 acres of land now irri- gated below Boulder Canyon and about 700,000 additional acres could be irrigated as far as you have investigated the matter. The table which you have in your report shows that there is now irrigated in Arizona by gravity 54,000 acres; that there can be irrigated by gravity 155.000 acres additional. Mr. DAVIS. What page is that on? Mr. HAVDEX. The table is printed on the colored map inserted before page 21. That makes a total of 209,000 acres that could be irrigated by gravity. The table shows 70.000 acres to be irrigated by pumping or a total of 279,000 acres that you estimate can be irrigated in Arizona. Many people in Arizona, of which I am one, have been hopeful that a much larger area might be irrigated from the Colorado River in our State. I want to ask you what detailed study you have made of the irrigation possibilities in Arizona. If cheap power were available have you made investigations as to the possibility of lifting water upon the higher mesas and thus reclaiming addi- tional tracts of land? 34 DEVELOPMENT OF LOWER COLORADO RIVER BASIX. Mr. DAVIS. There are undoubtedly small tracts here and there the aggregate being considerable that could be added by increasing the pumping lift, of couife. It is admitted there is considerable margin of expansion possible. Mr. HAYDEN. It would depend, to a large extent, on how cheap the power was as to how high the water could be lifted. Mr. DAVIS. Yes. Mr. HAYDEN. The cheaper the power the more extensive the area which can be irrigated? Mr. DAVIS. Yes, sir. Mr. HAYDEN. There has been some discussion of a high-line canal following about the 1,200 or 1,300 foot contour below Boulder Canyon, which would cover an immense area of land in Arizona. I have made a study of the map of Arizona and find that a very large proportion of the area proposed to be irrigated by this high-line canal has never been topographically mapped. I have inquired of the United States Geological Survey as to whether funds were available for a topographic survey of northern Yuma County and the western part of Maricopa County. The director has not given me a very definite answer except to say that he thought that it might be highly desirable to have such a survey made in cooperation with the State of Arizona. Have you ever made a study to determine what areas in southwestern Arizona should be accurately mapped, to ascertain the additional lands that might he irrigated fiom the Colorado River? Mr. DAVIS. Yes, sir. There is an investigation about starting now in the State of Arizona, where, on their request we are to detail one engineer and the Geological Survey one engineer, and the State one, and that board will have charge of a fund the State has for making investigations of contour in the Colorado Valley and any part of southwestern Arizona and will undoubtedly throw light on what could be topo- graphically mapped. I could lay out by guess what could be, but I do not think that should be taken as a guide, because the information is too meager in the unmapped regions. Some such preliminary investigation as this would be a good undertaking to find out how much money would be necessary for it all. Mr. HAYDEN. About how much money would be necessary for such an investiga- tion? Mr. DAVIS. I have not been informed, but they have asked us if we would under- take that kind of cooperation and we have answered in the affirmative. Mr. HAYDEN. After these three engineers have made a reconnaissance examination of the country, will it then be possible to intelligently direct the Geological Survey as to what areas should be topographically surveyed with a view to determining whether irrigation from the Colorado River is practicable? Mr. DAVIS. Yes, sir. Mr. SUMMERS. I understand the Boulder Dam will cost about $48,000,000? Mr. DAVIS. Yes, sir. Mr. SUMMERS. And the construction of power lines and other construction neces- sary to utilize the power would probably cost about an equal amount? Mr. DAVIS. It would run about $100,000,000. It would depend upon where the power was taken. Mr. SUMMERS. But figuring on general averages down through that country of mileages. Mr. DAVIS. As near as I care to state it would take a little more than the cost of the dam. Mr. SUMMERS. So practically $100,000,000 to utilize the power that would create the revenue which is to repay the cost of construction? Mr. DAVIS. The whole thing. The CHAIRMAN. Is the Government to advance that $100,000,000? Mr. DAVIS. According to the bill, no. The bill as introduced and referred to this committee provided only for the construction of the dam and the high-line canal, and the Secretary of the Interior in his report on it suggests a method of financing and a program of building also the generating machinery, that would be built at the site of the dam, leaving the customers, the power companies, and others to build their own transmission lines. Mr. SUMMERS. As I understand, there would be about 400,000 additional acres that could be irrigated from that? What charge have you estimated will probably be put on that land for water? Mr. DAVIS. What I had in mind was to charge them the cost of the works, but the details of the distribution system have not been gone into. The main canal would cost about $30,000,000, and that divided by the acreage it would serve, would Mr. SUMMERS. That would all be charged to this 400,000 acres irrigated? DEVELOPMENT OF LOWEK COLORADO RIVER BASIX. 35 Mr. DAVIS. Xo, not at all. The present irrigated lands would be charged with some of it, I think. That is a matter to be left to some kind of equitable adjudication by the Secretary of Inferior later. The CHAIRMAN-. Under the Secretary's plan how much will the Government be supposed to advance S48,000,000 for the dam and how much? Mr. DAVIS. In the neighborhood of $100,000,000. Mr. HAYDEN. As I read Secretary Fall's report on this bill he suggests a bonding plan somewhat similar to that upon which funds were raised to constiuct the Panama Canal? Mr. DAVIS, lie suggested the bonding plan. I do not remember how closely it was followed in the Panama Canal, but it has this difference: that the same authority requires him to sell this power at a rate to provide interests and sinking funds to retire those bonds. In other words, the requirement is put on this that will stand the cost of those bonds the amortization. That is not connected with the Panama Canal. Mr. HAYDKX. The Panama Canal was built by direct appropriations, but wherever there was a lack of funds in the Treasury authority was granted to the Secretary of the Treasury to sell bonds, and some Panama Canal bonds were sold. Mr. DAVIS. That is true. Mr. HAYDKX. If there is to be a bond issue should it not be large enough to include both the construction of the Boulder Canyon dam and the power plants and then to provide for the various irrigation projects down the stream that may be demonstrated to be feasible? In other words, should not the same bond issue also take care of the Parker irrigation project and all-American canal for Imperial Valley as well as for the Boulder Canyon dam itself? Mr. DAVIS. Xo. It would have to be treated separately, because it would have to be refunded in a different manner, and in my opinion the irrigation projects some of them certainly and perhaps most of them could not stand an interest charge. At least, they could not with the certainty that the power can, and the market for bonds with irrigation basis would not be near so good as with the power basis, because the power basis is sure shot it will pay we know that. Mr. RAKEK. What proportion of thifl entire amount would be reimbursable is to be repaid from the us" of the plant and all its accessories? Mr. DAVIS. All of it. Mr. RAKER. The entire amount? Mr. DAVIS. Yes. si?-. Mr. RAKEK. So. there is no direct appropriation for even the development or the prevention of floods that is not to be repaid from the entire plant? Mr. DAVIS. Yes, sir. Mr. RAKER. By some one who eventually uses it? Mr. DAVIS. That is the idea. Mr. RAKER. And your view is. from your examination of all the reports, that within a reasonable length of time the money can be repaid and will be repaid with a rea- sonable rate of interest? Mr. DAVIS. Yes. sir: so far as the bill and the Secretary's amendments to the bill are concerned that is true. So far as irrigation is concerned, I have my doubt about some of them being able to pay interest : but those covered by the bill certainly could. Mr. RAKEK. In this bill then we do not even go as far as we do in the Sacramento River flood control or in the Mississippi River flood control, that is. to provihe funds to develop and prevent the Hood caused by those rivers overflowing adjoining lands, and we get no record return from the latter two as in- cl, to the United States by reason of navigation and the remainder is a charge against lands benefited by the levees. Mr. DAVIS. I do not know anything about the engineers' report, but I do know that the Colorado River is navigable in the same sense that the Sacramento River is. They are both technically and actually navigable, but practically little used. Mr. RAKER. The main point that I was trying to find our i> that there \vill he IM question hereafter about what relief will be given the Imperial Valley by virtue of con- trolling the floods. We are doing now for the Sa'-ramentu River and the great Mis- sissippi River the same thing, and it is not reimbursable. Mr. DAVIS. Yes, sir. Mr. RAKEK. But with this entire dam, commencing with the Boulder Creek dam and all its accessories and uses, you are to charge enough money for its use to, within a reasonable time, repay the principal with interest? 36 DEVELOPMENT OF LOWER COLORADO RIVER BASIX. Mr. DAVIS. Yes. sir. Mr. HAYDEX. Your statement would be absolutely accurate. Judge Raker, if you would say that a part of the Mississippi flood control work and a part of Sacramento flood control work is done as a gratuity on the part of the Government. The whole amount is not. I am quite sure, appropriated and paid for out of the Federal Treasury. There is a substantial charge against the levee districts. Mr. RAKER. I did not go into that. So far as the Government appropriation is con- cerned, we spent this money. It is not a criticism, but we spent the money for flood control and I am just wondering whether or not in this instance they could make any objection that we prevent floods from the Imperial Valley, where, as a matter of fact. all the money expended in this enterprise is to be reimbursed. Mr. DAVIS. Yes. sir. Mr. BARBOUR. On the Mississippi River the levee districts are supposed to con- tribute one third and the Government two thirds, two-thirds being contributed by the Federal Government on the theory the river is navigable. The Mississippi River people at this time are contemplating a scheme somewhat like this: In order to complete the construction of the levees on the Mississippi River and do it by the issuing of bonds of the levee districts and turning those funds in by paying all the expense of the projects. Mr. RAKER. But there is this distinction, bearing in mind that this territory now could be destroyed might be destroyed any day by virtue of floods and by building the Boulder Canvon Dam it will prevent the floods and the Government will be reim- bursed for all this money expended. Down below, as to the question of irrigation, on the question of a canal or any system they put in there, these people for the use of that canal will pay all the expense. That is right, is it not, Mr. Davis? Mr. DAVIS. They will return all that is put into it. Mr. BARBOUR. You are simply pointing out the expenditures contemplated on the Mississippi River and the expenditures here. In one case on the Mississippi River it will never be returned to the Government, and here it will all be returned? Mr. DAVIS. Yes, sir. Mr. NICKERSON. I want to get your statement clear on that money question. He asked you how much money the Government would have to put up on this whole proposition. Is it not a fact that the Secretary, under his bill, can enter into a contract after he starts that work and receive money to finish this dam, so that the Government would not have to put up this entire amount? Mr. DAVIS. If the Secretary's recommendations are passed the Government will not have to appropriate anything. It provides for the issuing of bonds by the Government and the Government credit being behind them, and the bonds to be paid off from the power receipts, interest and principal. The CHAIRMAN. The Government backs the bonds? Mr. DAVIS. Yes, sir; the Government backs the bonds. (Thereupon, at 12.10, the committee adjourned.) Supreme Court of the United States Xo. 3 Original. October term, 1921. The State of Wyoming, complainant, v. The State of Colorado, the Greeley-Poudre Irrigation District, and the Laramie-Poudre Reservoirs and Irrigation Company. [June 5, 1922.] Mr. Justice VAN DEVAXTER delivered the opinion of the court. This is an original suit in this court by the State of Wyoming against the State of Colorado and two Colorado corporations to prevent a proposed diversion in Colorado of part of the waters of the Laramie River, an interstate stream. The bill was brought in 1911, the evidence was taken in 1913 and 1914, and the parties put it in condensed and narrative form in 1916 preparatory to the usual printing. The case has been argued at the bar three times. The court directed one reargument because of the novelty and importance of some of the questions involved, and the other because of an intervening succession in the office of Chief Justice. As the United States appeared to have a possible interest in some of the questions, the court also directed that the suit be called to the attention of the Attorney General: and. by the court's leave, a representative of the United States participated in the subsequent hearings. The Laramie is an unnavigable river which has its source in the mountains of north- ern Colorado, flows northerly 27 miles in that State, crosses into Wyoming, and there flows northerly and northeasterly 150 miles to the North Platte River, of which it is a tributary. Both Colorado and Wyoming are in the arid region where flowing waters are, and long have been, commonly diverted from their natural channels and used in irrigating the soil and making it productive. For many years some of the waters .of the Laramie River have been subjected to such diversion and use, part in Colorado and part in Wyoming. DEVELOPMENT OF LOWER COLORADO RIVER BASIX. 37 When this suit was brought the two corporate defendants, acting under the authority and permission of Colorado, were proceeding to divert in that State a considerable portion of the waters of the river and to conduct the same into another watershed, lying wholly in Colorado, for use in irrigating lands more than fifty miles distant from the point of diversion. The topography and natural drainage are such that none of the water can return to the stream or ever reach Wyoming. By the bill Wyoming seeks to prevent this diversion on two grounds: One that, without her sanction, the waters of this interstate stream can not riditi'ully be taken from its watershed and carried into another where she never can receive any benefit from them; and the other that through many appropriations made at great cost, which are prior in time and superior in right to the proposed Colorado diversion, Wyoming and her citizens have become and are entitled to use a large portion of the waters of the river in the irrigation of lands in that State and that the proposed Colorado diver- sion will not leave in the stream sufficient water to satisfy these prior and superior appropriations, and so will work irreparable prejudice to Wyoming and her citizens. By the answers Colorado and her codefendants seek to justify and sustain the pro- posed diversion on three distinct grounds: First, that it is the right of Colorado as a State to dispose, as she may choose, of any part or all of the waters flowing in the por- tion of the river within her borders, "regardless of the prejudice that it may work'' to Wyoming and her citizens; secondly, that Colorado is entitled to an equitable division of the waters of the river and that the proposed diversion, together with all subsisting appropriations in Colorado, does not exceed her share: and. thirdly, that after the proposed diversion there will be left in the river and its tributaries inWyoming sufficient water to satisfy all appropriations in that State whose origin was prior in time to the effective inception of the right under which the proposed Colorado diversion is about to be made. Before taking up the opposing contentions a survey of several matters in the light of which they should be approached and considered is in order. Both Colorado and Wyoming are along the apex of the Continental Divide, and include high mountain ranges where heavy snows fall in winter and melt in late spring and early summer, this being the chief source of water supply. Small streams in the mountains gather the water from the malting snow and conduct it to larger streams bi'bw which ultimately pass into surrounding States. The flow in all streams varies greatly in the cours3 of the year, being highest in May, Tune, and July, and relatively verv low in other months. There is also a pronounced variation from year to year. To illustrate, the gauging of the Cache la Poudre, a typical stream, for 191^ shows that the total flo\v for May, Jun Q , and July was more than three times that for the nine other momh<, and the gauging for a pariod of 30 years shows that the yearly flow varied from 151,636 to 666,466 acre-feet 1 and was in excess of 400,000 acre-feet in each of four years uu-I !<<- than 175.000 acre-feat in each of five years. Both Stat"s have vast plains and many valleys of varying elevation where there is not sufficient natural precipitation to moi-T"ii rh soil and make it productive, but where, when additional water is applied artificially, the soil becomes fruitful the reward being generous in some areas and moderate in others, just as husbandry is variously rewarded in States where there is greater humidity, such as Massachusetts, Virginia. Ohio, and Tennessee. Both States were Territories long before they were admitted into the Union as States and while the Territorial condition continued were under the full dominion of the United States. At first the United States owned all the lands in both and it still owns and is offering for disposal millions of acres in ouch. Turning to the decisions of the courts of last tvsurt in the two States, we learn that the same doctrine respecting the diversion and use of the waters of natural streams has prevailed in both from the beginning and that <'.irh St-ite ai tributes much of her development and prosperity to the practical operation of this doctrine. The relevant views of the origin and nature of the doctrine as shown in these decisions may be summarized as follows: The common law rule respecting riparian rights in flowing water never obtained in either State. It always was deemed inapplicable to their situation and climatic conditions. The earliest settlers gave effect to a different rule whereby the waters of the streams were regarded as open to appropriation for irrigation, mining; and other beneficial purposes. The diversion from the stream and the applica- tion of the water to a beneficial purpose constituted an appropriation, and the ap- propriator was treated as acquiring a continuing right to divert and use the water to the extent of his appropriation, but not beyond what was reasonably required and actually used. This was deemed a property right and dealt with and respected ac- cordingly. As between different appropriations from the same stream, the one iir.-t in time was deemed superior in right, and a completed appropriation was regarded as effective from the time the purpose to make it was definitely formed and actual work 1 An acre-foot is the quantity of water required to cover an acre to a depth of one foot 13,560 cubic feet. 38 DEVELOPMENT OF LOWER. COLORADO RIVER BASIX. thereon was begun, provided the work was carried to completion with reasonable diligence. This doctrine of appropriation, prompted by necessity and formulated by custom, received early legislative recognition in both Territories and -vas enforced in their couit-. When the state? were admitted into the Union it received further sanction in their constitutions and statutes and their courts have been uniformly enforcing it. Yunker r. Nichols (1 Colo. 551): Schilling r. Romincrer (4 Colo. 100); Coffin r. Left Hand Ditch Co. (6 Colo. 443); Thomas v. Guiraud i U Colo. 530 : Strickler ( r. Colorado Springs (16 Colo. 61); Oppenlander r. Left Hand Ditch Co. (1$ Colo. 142); Wyatt r. Larimer" and Weld Irrigation Co. (18 Colo. 298); Crippen v. White (28 Colo. 298); Moyer r. Preston (6 Wyo. 308); Farm Investment Co. r. Carpenter (!i Wyo. L10); Willev c". Decker (11 Wyo." 496); Johnston 7'. Little Horse Creek Irrieatimr Co. (13 Wyo. 208). As the United States possessed plenary authority over Colorado and Wyoming while they were Territories and has at all times owned the public lands therein, we turn next to its action. The act of July 26. 1866 (ch. 262. sec. 9. 14 Stat. 251 '. contained a section providing: ' ' Whenever, by priori ty of "possession, rights to the use of water for mining, agricultural , manufacturing, or other purposes have vested and accrued, and the same are recog- nized and acknowledged by the local customs, laws, and the decisions of courts, the pos?essors and owners of such vested rights shall be maintained and protected in the same." The occasion for this provision and its purpose and effect were extensively considered by this court in the cases of Atchison r. Peterson (20 Wall. 507) and Bascy r. Gallagher (20 Wall. 670). the conclusions in both being shown in the following excerpt from the latter, pp. 681-682: "In the late case of Atchison r. Peterson, we had occasion to consider the respective rights of miners to running waters on the mineral lands of the public domain: and we there held that by the custom which had obtained among miners in the Pacific States and Territories, the party who first subjected the water to use or took the n< s.uy steps for that purpose, was regarded, except as against the Government, as the source of title in all controversies respecting it: that the doctrines of the common law declaratory of the rights of riparian proprietors were inapplicable, or applicable only to a limited extent, to the necessities of miners, and were inadequate to their protection: that the equality of right recognized by that law among all the proprietors upon the same stream, would have been incompatible with any extended diversion of the water by one proprietor, and its conveyance for mining purposes to points from which it could not be restored to the stream: that the Government l>y its silent acquiescence had assented to and encouraged the occupation of the public lands for mining: and that he who first connected his la) or with property thus situated and open to general exploration, did in natural justice acquire a better right to its use and enjoyment than others who had not given such labor: that the miners on the public lands throughout the Pacific States and Territories, by their customs, usages, and regulations, had recognized the inherent justice of this principle, and the principle itself was at an early period recognized by legislation and enforced by the courts in those States and Territories, and was finally approved by the legislation of Congress in 1866. The views there expressed and the rulings made are equally applicable to the use of water on the public lands for purposes of irrigation. Xo distinction is made in those States and Territories by the custom of miners or settlers, or by the courts, in the rights of th,e first appropriator from the use made of the water, if the use be a beneficial one." And on the same subject it was further said, in Broder r. Water ('<>. 101 U. S. 274, "It is the established doctrine of this court that rights of miners, who had taken possession of mines and worked and developed them, and the ri-rhts of persons who had constructed canals and ditches to be used in mining operations and for purp< of agricultural irrigation, in the region where such artificial use of the water was an absolute necessity, are rights which the Government had. by its conduct, recognixed and encouraged and was bound to protect, before the passage of the act of I860'. We are of opinion that the section of the act which we have quoted was rather a voluntary recognition of a preexisting right of possession, constituting a valid claim of its con- tinued use, than the establishment of a new 01 The act of July 9, 1870 (ch. 235. sec. 17. Hi Stat. 217 ), provided that ''all patents granted, or preemption or homesteads allowed, shall be subject to any vested and accrued water rights" acquired under or recognized by the provision of 186G. These provisions are now sections 2339 and 2340 of the Revised Statutes. < The act of March 3. L877 (ch. IT. 8ec. I, lit Star. 377 . providing for the sale of (.-' desert lands in tracts of one section each to persons undertaking and effecting their reclamation, contained a proviso declaring that "the right to the use of water by the DEVELOPMENT OF LOWER COLORADO RIVER BASIX. 39 person so conducting the same, on or to any tract of desert land of six hundred and forty acres shall depend upon bona fide prior appropriation; and such right shall not exceed the amount of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation: and all surplus water over and above such actual appropriation and use, together with the water of all lakes, rivers, and other sources of water supply upon the public lands, and not navigable, shall remain and be held free for the appropriation and use of the public for irrigation, mining, and manufacturing purposes subject to exist ing rights." Colorado was not at first included in this act, but was brought in by an amendatory act. Next came the act of March 3, 1891 (ch. 561, sec. 18, 26 Stat. 1095), granting right of way through the public lands and resarvations for canals and ditches to be used for irrigation purposes, and con- taining a proviso saying, "the privilege herein granted . shall not be construed to interfere with the control of water for irrigation and other purposes under authority of the respective States or Territories." Of the legislation thus far recited it was said, in United States r. Rio Grande Irriga- tion Co. (174 U. S. 690, 706): "Obviously by these acts, so far as they extended, Con- gress recognized and assented to the appropriation of water in contravention of the common-law rule as to continuous flow"; and again, "the obvious purpose of Congress waS to give its a c s?nt, so far ai the public lands were concerned, to any s> stem, although in contravention to the common-law rule, which permitted the appropriation of those waters far legitimate industries." June 17. 1902 i.ch. 1093, 32 Stat. 388), the national reclamation act was passed, under which the United States entered upon the construction of extensive irrigation works to be used in the reclamation of large bodies of arid public lands in the Western States. Its eighth section declared: "Nothing in this act shall be construed as af- fecting or intended to affect or to in any way interfere with the laws of any State or Territory relating to the control, appropriation, use, or distribution of water used in irrigation, or any vested right acquired thereunder, and the Secretary of the Interior, in carrying out the provisions of this act, shall proceed in conformity with such laws, inul itu!hiii; Mover v. Preston <, 000 acres, all of which are very successfully and profitably farmed in small tracts. This project uses one very large and one comparatively small reservoir for storing v, ater and equalizing the natural flow. We conclude that Colorado's objections to the doctrine of appropriation as a basis of decision are not well taken, and that it furnishes the onlv basis which is con> >nant with the principles of right and equity applicable to such a controversy as this IB. The cardinal rule of the doctrine is that priority of appropriation gives superiori! right. Hai-h of these States applies and enforces this rule in her own territory, and it is the one to which intending appropriators naturally v.ould turn for guidance. The 42 DEVELOPMENT OF LOWER COLORADO RIVER BASTX. principle on which it proceeds is not less applicable to interstate streams and contro- versies than to others. Both States pronounce the rule just and reasonable us applied to the natural conditions jn that region; and to prevent any departure from it the people of 1 "ill incorporated it into their constitutions. It originated in the customs and usages of the people before either State came into existence, and the courts of both hold that their constitutional provisions me to 1 e taken as recognizing the prior usage rather than as creating a new rule. These considerations persuade us that its appliea- tion to such a controversy as is here presented can not be other than eminently just and equitable to all concerned. In suits between appropriators from the same stream, but in different States recog- nizing the doctrine of appropriation, the question whether rights under such appro- priations should be judged by the rule of priority has been considered by several courts, State and Federal, and has been unifounly answered in the affirmative. Conant v. Deep Creek Irrigation Co. (23 Utah f>27, 681); Willey v. Decker i 11 Wyo. 496, 534-535); Taylor r. Hulett (15 Idaho 265, 271); Howell r. Johnson (89 Fed. 51 Hoge r. Eaton (135 Fed. 411): Morris v. Bean i]46 Fed. -123 r. Bean v. Morris (159 Fed. 651). One of the cases came to this court, and the judgment below was affirmed. Morris r. Bean (221 U. S. 485.) These decisions, although given in suits between individuals, tend strongly to support our conclusion, for they show that by common usage, as also by judicial pronouncement, the rule of priority is regarded in such States as having the same application to a stream flowing from one of them to another that it has to streams wholly within one of them. The remaining questions are largely matters of fact. The evidence is voluminous, some of it highly technical and some quite conflicting. It has all been considered. The reasonable limits of an opinion do not admit of its extended discussion. We must be content to give our conclusions on the main questions and make such refer- ences to and comment on what is evidential as will point to the grounds on which the conclusions on those questions rest: As to minor questions, we can only state the ultimate facts as we find them from the evidence. The question first in order, and the one most difficult of solution, relates to the flow of the Laramie River, the common source of supply. The difficulty arises chiefly out of the fact that the flow varies greatly in the course of the year and also from year to year. Colorado's evidence, which for convenience we take up first, is din et< d to show- ing the average yearly flow of all years in a considerable period, as if that constituted a proper measure of the available supply. We think it is not a proper measure, and this because of the great variation in the flow. To bo available in a practical s^nse, the supply must be fairly continuous and dependable. No doubt the natural How can be materially conserved and equali/.ed by means of stn:. but this has its limitations, both financial and physical. The construction of reservoirs of real capacity is attended with great expense, and unless an adequate return reasonahly can be foreseen the expenditure is not justified and will not be made. The years of high water and those of low do not alternate. Often several of the same kind follow in succession. The evaporation of stored water in Colorado and Wyoming is from 5 to 6 feet per year. So, while it generally is practicable to store water in one part of the year for us? in another, or in one year for us^ in the next, it oftn. if not gen- erally, is impracticable to store it for longer periods. All this is recognized elsewhere in Colorado's evidence. One of her principal witnesses said: "With re.gard to financial practicability of construction of r -s-rvoii-s on Poudre River capable of conserving extraordinary floods, will state that they call for an expenditure that could be utilized only occasionally. It would be similar to finan- cial proposition of people in Florida preparing to heat their houses in the same man- ner as those in the northern part of the United States. For years of unusually high flow in the Poudre River conservation works to utilize the excess \vat -rs in that stream would have to count on carrying wat<>r over more than one year. The utili/.a- tion of this water means the presence of population on the land: that population must have a living from year to year, and they are not justified in going out on the land and settling to raise a crop only once in three or lour years. Thy must have suffi- cient to make a living from one year to another, and consequently the investment must be such that there can be sufficient water every year to keep th.-s-.- people on the land, and when water can only be conserved once in every three to live years there must be provision for carrying over water or the people can not live. It is a question of population as well as investment. The population has to exist and stay on the ground. From standpoint of investment, conservation of flow such as extreme flow of 1884 would be impractical to the extent that it exceeded the ordinary high year. Of such character would be [also] the floods of 1885, 1900, and 1900, three [four] years in thirty." The witness further said: "Aside from reasons which I have given why reservoirs designed to catch only these rare high water flows of Poudre DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 43 River are not feasible, it is a fact that no farmer would be able to anticipate the high flow and therefore could not depend at all upon water for irrigation until it reached him. If he undertook to so divert water, it would become a gamble rather than a safe guide for living." Another of her witnesses .-aid: "The present storage capacity in the Poudre Valley is such that in some years the reservoirs are not all filled, while in some years they are filled and water runs to waste. * * * It would not be possible to inaugurate a scheme in the Poudre Valley to construct reservoirs to store water from one year of high flow to another where such water is the only source of supply, for the reservoirs would have to be constructed to hold the maximum amount, and if the water has to be carried over for three years the average diversion from the reservoir would be only one-third of its capacity, making the cost per acre prohibitive." And still another of her witnesses, referring to the unused waters of the Poudre in years of hi."i. 47.1 1900 i7i 57 ; + 177 251 + 211 990 . . 1901 1887 -10 482 4-24 ".".7 1902 - 1 10, 947 1888 1889. . . . IVi W> -141.35-' I!'- '(!' -77 B2S 1903 1904 31 o 437 - 17. V.N + 18 115 + 82,567 1890 To >99 41 .KU> 1905 : ;t;i li.V + 99 069 IV.tl. .1 :-!47 1906 279 974 + 17 391 1892 1907 ... 386. 224 1908 -11 I7'i 9 740 IV.)} 309,444 J-ll? li!.' r> vii 1909 . . }vi IK)' - I.SS. I'.VI 1895. :-'41 .vxi -47 17^ 191(1 1.17 ">1 1 H't; -100 24! 1911 -91.711 1897 1912 1,898 -90,29$ 1913 L'17. 9.V.I 79.363 Average 297.322, including all years. Average 362,583, omitting 1S84, 1885, 1900, and 1909. 1 The ref .renre is to the Grieley-Poudre ir.igalion diflrict, one of the defen : 44 DEVELOPMENT OF LOWER COLORADO RIVKR BASIX. This table shows that during 30 years 1884 to 1913 the yearly flow of the Cache la Poudre ranged from 15l.*i;;ii to 666,466 acre-feet, that in 16 of the 30 it fell below the average, and that S of the Hi were in immediate succession. Obviously.it is not financially practicable, even by means of reservoirs, to equalize the flow of a stream subject to such variation so that it will have a fairly constant and dependable flow at the average of all years. For further illustration we have taken the average of the 23 years remaining after excluding the 4 described by the witness as extra- ordinary (these being left to take the average of the others) and on that basis have made a computation of the excess and deficiency, which is shown in the fourth column of the table. Even on this basis there were 13 yea is in which the flow \v:is below the average and of these 6 came in immediate succession. In four the de- ficiency exceeded 100,000 acre-feet and of the four only one followed a year in which there was an excess sufficient, if carried over in storage, to cover the deficiency. This suffices to show thaf the average of all years is far from being a proper or safe measure of the available supply. An intending irrigator acquiring a water right based on such a measure would be almost certainly confronted with drought when his need for water was greatest. Crops can not be grown on expectations of average flows which do not come, nor on recollections of unusual flows which have pas-r-d down the stream in prior years. Only when the water is actually applied does the soil respond . We have dealt with the matter of the average flow at this length because throughout Colorado's evidence and in her briefs it is treated as if it were a proper measure of the supply available for practical use. It is there applied to the Laramie not only directly, but indirectly by increasing the gauged flow for a particular year or period by percentages derived by comparing the How of the Poudre for that year or period with the average for the 30 years, including those in which the flow was so extra- ordinary that concededly much of it neither was nor could be used. Thus, water which is not part of the available supply is counted in measuring that supply. When the evidence was taken, in 1913 and 1914. the Laramie had not been gauged so thoroughly nor for so long a period as had the Cache la Poudre. Such gauging as had occurred had been done at different places in different periods, paitly by the United States Geological Survey, partly by Colorado and partly by Wyoming. Some of the gauging stations were in Colorado, but most were in Wyoming. The latter included Woods, 9 miles north of the State boundary, and the Pioneer Dam, 4 miles north of Woods. The evidence centered largely around the flow and gauging at these places. Colorado's chief witness prepared and presented a table based on data,, drawn from various sources, and bearing on the flow at Woods from April to October, both inclusive, for several years and made this table the principal basis of his te.-ti- mony concerning the flow of the stream in that vicinity. We here reproduce the material part of the table, the third and fourth columns being ours: Discharge of Laramie River, Woods, Wyo., April to October, both inclusive, for 9 years. [Taken from Colorado's Exhibit 127.] Variance Variance Variance from Variance from Year. Acre-feet. from average Year. Acre-feet. from average average. of all average. of all but 1899. but 1899. 1895. . . 220.239 +21,694 +45, 730 1900... LMs. lie, +49,560 +73,596- 1896 108 022 -90,523 66 487 1911 IMS 240 -60,305 36 269 1897 251,074 + 52,529 + 76,565 1912 213, 407 + 14,862 +38,898- 1898 117,765 -80,780 -56,744 1913 99, 221 -99,324 -75,288. 1899 390,730 + 192,185 + 216,221 Average, 198,533, incluling all years. Average, 174,509, excluding 1899. The data covered two widely separated periods, one of six years and the other of three. The witness took the average of the nine years, which he gave as 198,545 acre-feet, and made this the basis of further calculations. He estimated that the usual flow for the other months was one-tenth of that for the full year, or, putting it in another way, one-ninth of that from April to October, both inclusive, and on this basis he added to his average 21,945 acre-feet, making 220,490. Consulting the Cache la Poudre table, set forth above, he concluded that the nine years, in combination, fell below the'full average for the 30 years covered by that table, and to bring the 9 years DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 45 m> to a 30-year average he added 9,510 acre-feet, making 230,000. Some water from Wyoming enters the river between the State boundary and Woods, and for this he deducted 13,000 acre-feet, leaving 217. "00. Then, making a reservation as to Sand Creek, to be considered presently, he concluded that 217,000 acre-feet was the average yearly flow in that section of the river. He called it the "normal" flow, an evident misnomer. Thi* did not include water diverted in Colorado, under recognized Col- orado appropriations, which does not reach Wyoming. Even if the computation was to be made along the lines of something approaching a general average, we think the witness's computation and conclusion are subject to objection in particulars which we proceed to state. The table shows that the flow for 1899 was extraordinary, so much so that it should have been excluded in computing the average and left to take the general level of the others. Its flow was 2 Hi. 221 acre-feet in excess of their average. The excess added nothing to the available supply that which in practice could be used. The flow for the next year was such that it required no augmentation from 1899. So the inclusion of 1899 in the computation was, in effect, taking what was not available as a measure of what was. The error raised the average of the other years 24,036 acre- feet and was carried into the ultimate conclusion. We do not doubt that it was admissible to compare the data relating to the Laramie with that relating to the Cache la Poudre and to give effect to such conclusions as reasonably were to be drawn from the comparison, but we think there was no justifi- cation for the addition which was made to bring the nine years up to the standard of an average year among the 30 covered by the Cache la Poudre table. The addition tended to distort rather than to reflect the available supply. Looking at the Cache la Poudre table, it is evident that the 9 years, in combination, would not have appeared short in flow had the 4 extraordinary years in the 30 been excluded, as they should have been. Besides, a comparison of the two tables shows that the variation in yearly flow in the two streams is not the same and that the difference is such as to preclude a nice calculation such as was here made on the basis of an assumed uniformity. To illustrate: According to one table the flow of the Poudre from April to October, both inclusive^ in 1900 was 85,982 acre-feet in excess of that for the same months in 1899, while according to the other the flow of the Laramie for those months in 1899 was 142,625 acre-feet in excess of that for the corresponding period in 1900; and according to one table the flow of the Poudre for those months in 1913 was 73.2 per cent of that for the same part of 1912, while according to the other the flow of the Laramie for those months in 1913 was 46.5 per cent of that for the same part of 1912. Assuming that 13,000 acre-feet enter the river from Wyoming between the State boundary and Woods, and are put of the river at the latter point, we think this water should not have been deducte:!. It is part of the supply available to satisfy appro- priations from the stream in Wyoming. The witness treated the flow irom April to October, both inclusive, in 1912 as being 213.407 acre-feet, and the flow in the same months in 1913 as being 99.221 acre- feet. In this we think he erred. The evidence establishes that the flow in the first period was not more than 191,820 acre-feet and in the second was not more than 94,369. Even with the year 1899 excluded, this error increased the average 3.305 acre-feet. If we exclude the extraordinary flow of 1899. make the needed correction in the flow of 1912 and 1913. and assume the accuracy of the other data, the average becomes 171,204 acre-feet, instead of 198,545. as given by the witness. This requires that the 21.945 acre-feet which were added to cover the flow for the five other months be reduced to 19.023. When these corrections are made in the witness's data and computation, the result is changed from 217.000 acre-feet to 190.227. But we are of opinion that the computation and conclusion of the witness, even when revised in the way we have indicated, are based too much on the average flow and not enough on the unalterable need for a supply which is fairly constant and dependable, or is susceptible of being made so by storage and conservation within practicable limits. 15y this it is not meant that known conditions must be such as give assurance that there will be no deficiency even during long periods, but rather that a supply which is likely to be intermittent, or to be matoii.'lly deficient ;it rela- tively short intervals, does not meet the test of practical availability. As we under- stand it. substantial stability in the supply is essential to successful reclamation and irrigation. The evidence shows that this is so. and it is fully recognized in the litera- ture on the subject. The same witness prepared and submitted another table embodying all the data he was able to secure from records of past paging and measurements at Woods. This included three years not shown in the nine-year table. They and their recorded 46 DEVELOPMENT OF LOWER COLORADO RIVER BASIN". flow from April to October, both inclusive, were: 1899, 132,349 acre-feet; 1890, 168,406 acre-feet, and 1891, 207,146 acre-feet. The witness pronounced the data for these years less accurate than that for the others, and, while his reason for doing so does not clearly appear, we shall assume he was right. Had the three years been included in the nine- year table that would have reduced the average from 198,545 to 189,371 acre-feet, counting all years, and from 174,509 to 171,066 acre-feet, counting all but 1899. It. however. w r ould not have shown another year with a flow as low as that of 1913, nor i as low as that of 1896. Colorado presented other evidence in the way of general estimates, results of very fragmentary gaging, and opinions based on rough measurements of snow-drifts in the mountainous area about the head of the stream; but we put all of this aside as being of doubtful probative value at best and far less persuasive than the evidence we have been discussing. Wyoming's evidence was based on the same recorded data that were used by Colorado, and also on actual gaging and measurements by an experienced hydrographer covering the period beginning April 1, 1912, and ending April 30, 1914. Shortly stated, her evidence was to the effect that the actual measured flow at the Pioneer Dam, four miles below Woods, was 198,867 acre-feet from April to December, both inclusive, in ]912. was 109,593 acre-feet for all of 1914 and was 19,181 acre-feet for the first four months of 1914; that the flow for 1912 was somewhat above the average. counting all years; that the flow for 1913 was somewhat more than fifty per cent .of the average, and that the average at Woods and in that vicinity, counting all years, was approximately 200,000 acre-feet. Wyoming's chief witness, the hydrographer. submitted the following table, giving the results of his gaging and measurements at the Pioneer Dam: Discharge of Laramie River at Pioneer Dam, near Woods, Wyo, (incln;:; r, 825 August 7 809 3 130 September... . . ... 1 :\\\ 3,023 October 6 4.Vi :', si.' November ... . . . I 4( '.<> 077 December 3,246 Total .... 198, 867 109. 593 19, LSI The evidence does not permit us to doubt the accuracy of these data. They were obtained by work which is shown to have been painstakenly and conscientiously done by one fully competent to do it. The place at which it was done was well adapted to obtaining accurate results, and the observations were continuous, not merely occasional or intermittent. As the gauging did not cover the first three months of 1912, it is necessary to arrive at the flow for those months. The proof shows that the flow for the same months in 1914 fairly may be taken for the purpose. That was 10,374 acre-feet, the addition making 209,241 acre-feet for 1912. The flow for 1913 was 109,593 acre-feet. Both should be increased 4,000 acre-feet to cover water diverted between Woods 'and the Pioneer Dam and not returning to the stream above the gauging station. This Drives a total of 213,241 acre-feet for 1912 and 113,593 acre-feet for 1913. Tested by the flow of these years, the available supply would be 163,417 acre-feet; that is to say, on that basis the excess in 1912 would match the deficiency in 1913. But a survey of more than two years is essential in arriving at a fair conclusion respecting the available supply. A year of low flow is not always preceded by one of high or moderate flow as was the case with 1912 and 1913. In diverting and applying water in irrigation there is a material loss through evapo- ration, seepage, and otherwise which is inavoidable. The amount varies according to the conditions chiefly according to the distance the water is carried through canals/^ and ditches and the length of time it is held in storage. Where the places of use are* in the same watershed and relatively near the stream, as is true of the lands on the DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 47 Laramie Plains served by the greater part of the Wyoming appropriations, a substantial amount of water percolates back into the stream from irrigated areas and becomes available for further use lower down the stream. This is called return water. The amount varies considerably, and there is no definite data on the subject. As respects irrigation on the Laramie Plains above the Wheatland diversion, the evidences es us that the return water will certainly more than counterbalance the loss throughout evaporation and otherwise when the period of storage is not more than from one year to the next. What has now been said covers the substance of the evidence, as we regard it, bear- ing on the available supply at Woods and in that vicinity: that is to say, the supply remaining after the recognized Colorado appropriations are satisfied. We already have indicated that, as to such a stream as this, the average flow of all years, high and low. can not be taken as a proper or reasonable measure of what is available for practical use. What th^n is the amount which is available here? Ac- cording to the general consensus of opinion among practical irrigators and experi- enced irrigation engineers, the lowest natural flow of the years is not the test. In practice they proceed on the view that within limits, financially and physically feasible, a fairlv constant and dependable flow materiallv in excess of the lowest may generally be obtained by means of reservoirs adapted to conserving and equalizing the natural flow; and we regard this view as reasonable. But Wyoming takes the position that she should not be required to provide storage facilities in order that Colorado may obtain a larger amount of water from the common supply than otherwise would be possible. In a sense this is true; but not to the extent of requiring that the lowest natural flow be taken as the test of the available supply. The question here is not what one State should do for the other, but how each should exercise her relative rights in the waters of this interstate stream. Both are interested in the stream and both have great need for the water. Both subscribe to the doctrine of appropriation, and by that doctrine rights to water are measured by what is reason- ably required and applied. Both States reco?nize that conservation within practi- cable limits is essential in order that needless waste may be prevented and the largest feasible use may be secured. This comports with the all-pervading spirit of the doc- trine of appropriation and takes appropriate heed of the natural necessities out of which it arose. We think that doctrine lays on each of these States a duty to exercise her right reasonably and in a manner calculated to conserve the common supply. Notwithstanding her present contention. Wyoming has in fact proceeded on this line, for, as the proof shows, her appropriators, with her sanction, have provided and have in service reservoir facilities which are adapted for the- purpose and reasonably sufficient to meet'its requirements. There is one respect, requiring mention, in which Colorado's situation differs ma- teriallv from that of Wyoming. The water to satisfy the Colorado appropriations is, and in the nature of things must be. diverted in Colorado at the head of the stream; and because of this those appropriations will not be a/fected by any variation in the yearly flow, but will receive their full measure of water in all years. On the other hand, the Wyoming appropriations will receive the water only after it passes down into that Stale, and must bear whatever of risk is incident to the variation in the natural flow. Of course, this affords no reason for underestimating the available supply, but it does show that to overestimate it will work particular injury to Wyo- ming. The lowest established flow was that of 1913. There is no claim or proof that in any other year the flow fell so low. Had there been others some proof of it doubtless would have been presented. This is also true of the very low flow of 1896. There- fore we think it reasonably may be assumed that the flow of those years was so ex- ceptional that it is not likelv to recur save at long intervals. We conclude, in view of all the evidence and of the several considerations we have stated, that the natural and vardn-r flow of this stream at Woods, which is after the recogized Colorado appropriations are satisfied, is susceptible by means of prac-. ticable storage and conservation of being converted into a fairly constant and depend able flow of 170,000 acre-feat per year, but not more. This we hold to be the avail able supply at that paint after the recognized Colorado diversions are made. The amount may scorn large, but, considering what naav be accomplished with practicable storage f i -ilitie-, such a* are already prodded, and the use which may be made of the return water, we are persuaded that the amount, while closely pressing the outside limit, is not too lar. 131G 22 PT! 4 liKVKLOP.MEXT OF LOWER COLORADO RIVER BASIX. The problem to be worked out in obtaining a fairly dependable supply in that amount is measurably illustrated by the following table covering all the years for which the evidence supplies the requisite data, the flow during the missing months being fairly estimated: Year. Acre- feet. Variance from average of all. Variance from average of all but 1899. Variance from 170,000. 1889 151,349 56,893 -38,576 -18 651 1890 187,406 -20.836 -2, 519 +17,408 1891 226,146 + 17,904 +36,221 +56, 146 1895 239. 239 +30,997 + 49,314 +69,239 1896 127, 022 -81,220 -62,903 -42,978 1897 . 270,074 +61,831 + 80,149 + 100.074 1898 136, 765 -71.477 -53, IfiO -33,235 1899 ' 409, 730 +201,488 - 219,805 +239,730 1900 267, 105 + 58,863 + 77,180 +97, 105 1911 157, 240 -51,002 -32,685 -12,760 1912 213 241 + 4,999 +2}, 316 + 43,241 1913 113,593 -94, 649 -76,332 -56,047 Average 298.242, including all years. Average 189,925, including all years but 1899. It of course is true that the variation in the flow will not always be just what it was in the years covered by the table, and yet the data obtained by the gaging and measurements in those years show better than anything else what reasonably may be expected in the future. We recognize that the problem which the table is in- tended to illustrate is not a simple one and that to work it out will involve the exer- cise of both skill and care. But in this it is not unlike other problems of similar moment. Our belief gathered from all the evidence is that, with the attention which rightly should be bestowed on a problem of such moment, it can be successfully solved within the limits of what is financially and physically practicable. As to Sand Creek. Colorado's witness regarded it as a tributary of the river and estimated its yearly flow at 17.000 acre-feet. The creek rises in Colorado, extends into the Laramie Plains in Wyoming, and discharges into Button Lake, a few miles from the river. In exceptional years about one in five the waters of the creek overflow the lake for a short period and find their way over the prairie into the river, Otherwise the river receives no water from the creek. The proof of this is direct and undisputed. The creek is nominally a tributary of the river, but only that. Besides, its flow does not appear to have been measured. The witness merely esti- mated it at what he thought would be the natural run-off of the adjacent territory. Other evidence suggests that the estimate is too high, but this we need not consider. A substantial part of the flow is diverted, through what is known as the Divide Ditch, for use in irrigating lands in Colorado, and the evidence suggests, if it does not estab- lish, that existing appropriations in the two States take the entire flow. For these reasons the waters of this creek can not be regarded as a factor in this controversy. After passing Woods, and while traversing the territory wherein are the Wyoming appropriations with which we are concerned, the Laramie receives one large and some very small additions to its waters. The large addition comes from the Little Laramie. a stream whose source and entire length are in Wyoming. Its natural now is a little more than one-half of that of the main stream at Woods and is subject to much the same variations. Part of its flow is used under appropriations along its course and the remainder passes into the main stream. Including what is appropriated along its course, and excluding minor contributions by small creeks after it gets well away from its headwaters, we think the amount available for practical use is 93.0CO acre-feet per year. None of the small tributaries, whether of the Laramie or the Little Laramie. adds much to the available supply. Their natural flow is small. As to some it is all used under old appropriations: as to some it is partly used under such appropriations; and as to some it is only seasonal, the channels being dry much of the year. Some creeks spoken of in Colorado's evidence as tributaries are otherwise shown not to be such, but to deliver their waters into lak( s or ponds not connected with either of the principal streams. Colorado's evidence also takes into account some tributaries which discharge into the Laramie below the points of diversion of all the Wyoming appro- priations with which we are concerned. One, of which much is said in the evidence, is the Svbille. It reaches the Laramie below the diversion for the Wheatland Dis- DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 49 trict ''the lowest diveision we are to consider;, but in its course passes through that district. A small part of its flow is used in that district and it is not practicable to use more. What is used should, for present purposes, be treated as if it reached the Laramie above the \\hcatland diversion. Wyoming contends that none of these small tributaries, other than the Sybille. contributes any dependable amount to the available supply. We think there is in the aggregate a fairly dependable contribu- tion of 25.000 acre-feet, but not more. It results that, in ovir opinion, the entire supply available for the proposed Colorado appropriation and the Wyoming appropriations down to and including the diversion for the Wheatland district is 288.000 acre-feet. In contending for a larger finding, Colorado points to the issue by Wyoming's State engineer of permits, so-called, for appropriations in excess of that amount and insists that these permits constitute solemn adjudications by that officer that the supply is adequate to cover them. But in this the nature of the permits is misapprehended. In fact and in law they are not adjudications but mere licenses to appropriate if the requisite amount of water be there. As to many nothing ever is done under them by the intending appropriators. In such cases there is no appropriation; and even in. others the amount of the appropriation turns on what is actually done under the permit. In late years the permits relating to these streams have contained a pro- vision, saying: "The records of the State engineer's office show the wateis of [the particular stream] to be largely appropriated. The appropriator under the permit is hereby notified of this fact, and the issuance of this permit grants only the right to divert and use the surplus of waste water of the stream and confers no rights which will interfere with or impair the use of water by prior appropriators." It therefore is plain that these permits have no such probative force as Colorado seeks to have attributed to them. Colorado also comments on the amount of water stored in Wyoming reservoirs in 1912 and seeks to draw from this an inference that the available supply was greater than we have indicated. But the inference is not justified, and for these reasons: First, a part of what was stored wa* dead water: that is. was below the level from which water could be drawn off and conducted to the places of use. This is a matter com- monly experienced in the selection and use of reservoir sites. Secondly, the flow of' 1912 wa* above what could be depended on and prudence required that a substantial part be carried over to meet a possible shortage in the succeeding year. And, thirdly, the evidence shows that in 1912 the storing process was improvidently carried to a point which infringed the rights of small appropriators who were without storage fa'ilities. The available supply the 288,000 acre-feet is not sufficient to satisfy the Wyoming appropriations dependent thereon and also the proposed Colorado appropriation, so it becomes necessary to consider their relative priorities. There are some existing Colorado appropriations having priorities entitling them to precedence over many of the Wyoming appropriations. These recognized Colorado appropriations are, 18,000 acre-feet for what is known as the Skyline Ditch and 4.250 acre-feet for the irrigation of that number of acres of native-hay meadows in the Lara- mie Valley in Colorado, the 4,250 acre-feet being what Colorado's chief witness testifies is reasonably required for the purpose, although a larger amount is claimed in the State's answer. These recognized Colorado appropriations, aggregating 22,250 acre- feet, are not to be deducted from the 288,000 acre-feet, that being the available supply after they are satisfied. Xor is Colorado's appropriation from Sand Creek to be deducted, that creek, as we have shown, not being a tributary of the Laramie. The proposed Colorado appropriation which is in controversy here, is spoken of in the evidence as the Laramie-Poudre Tunnel diversion and is part of an irrigation project known as the Laramie-Poudre project. Colorado insists that this proposed appropriation takes priority, by relation, as of August 25. 1902, and Wyoming that the priority can relate only to the latter part of 1909. The true date is a matter of importance, because some lanre irrigation works were started in Wyoming between the dates mentioned, were diligently curried to completion, and are entitled to priori- ties as of the dates when they were started. The Laramie-Poudre project is composed of several units, originally distinct, which underwent many changes before they were brought together in a single project. In its final form the project is intended to divert water by means of a tunnel from the Laramie River into the Poudre watershed, there to unite that water with water taken from the Cache la Poudre River and then to convey the water many miles to the lower part of the Poudre Valley, where it is to be used in reclaiming and irrigating a body of land containing 125.000 acres. It is a large and ambitious project whose several parts, as finally brought together, are adjusted to the attainment of that purpose. The parts were separately conceived, each having a purpose of its own. The project now is intended to draw on two independent sources of supply, each in a separate 50 DKYKLOP.MKXT OF LOWER COLORADO UIVF.K P.ASIX. watershed. 1 The appropriations are necessarily distinct. Neither adds anything to, nor subtracts anything from, the status of the other. We are concerned with only one of them. The proposed tunnel diversion from the Laramie was conceived as a possibility by Wallace A. Link in 1897 and was explained by him to Abraham I. Akin in the spring of 1902. Later in the year they visited the headwaters of the two streams, looked over the ground, and agreed that Link's idea was a good one, that the undertaking was large, and that they Avere without the means to carry it through. They concluded to promote the project together, and, thinking their chance-; of success would be im- proved by it, they also concluded to construct a ditch, known as the Upper Rawah, from the Laramie \ 'alley to a connection with an existing ditch, called the Skyline, and to take water through these ditches into the <'a<-he la Pmidre Valley and there sell it. By this they hoped to demonstrate that water wa< obtainable from that source and to obtain money to be used in promoting their project. The' Skyline was a fair-sized ditch leading over a low part of the divide to a branch of the Poudre, and they arranged with its owner for the carriage, on a percentage l>u-is, of water from their ditch when constructed. They also conceived that the ditch could be used advantageously in collecting and carrying water to be sent through the tunnel if and when the tunnel diversion was effected. In 1902, beginning August iT>, they surve;, ed the line of the Rawah, and in October of that year filed a statement of claim under it in the State engineer's office. In the statement they said nothing about a tunnel diversion and made claim only to the amount of water expected to be carried through the Rawah and to the use of certain lakes or natural reservoirs for storage purj' No work was done on the ditch that year. In 1903 they cleared some of the land over which it was to run, but did no excavating. In 1904 they constructed (>,000 feet of the ditch and did more clearing. No work was done on it in 1905 or 1906. Further work was done in 1907, and some washouts were repaired in 1903. That was the last work on the Rawah. Much more than one-half of the ditch was left unconsinicted. Xo water was delivered through it to the Skyline, nor was any sold or used. Nothing appears to have been done with the lakes or natural reservoirs. . In 1903 Link and Akin gave to each of three others a one-fifth share in their project, in return for which the new partners were to carry on solicitations to get capitalists interested and to raise money. The results of the solicitations were disap- pointing, but some investors were brought in and became concerned about the pre- liminary plans. Differences of opinion arose and had to be dealt with. The plans were examined and reexamined, alternative modes and places of diversion were considered and investigated, particular features were eliminated and others added, and in 1909, but not before, the project was definitely brought into its present form. A short reference to some of the details will serve to make this plain. In the upper Rawah filing of October, 1902, nothing was said about the proposed tunnel diversion, but a claim was made to the use of certain lakes or natural reser- voirs described as having an aggregate capacity of 325,000,000 cubic feet. The tunnel diversion was merely a mental conception until 1904. In March of that year a survey was made of a tunnel site, a ditch from the west fork of the Laramie to the east fork, and a channel reservoir on the east fork above the tunnel site; and in May following a statement of clain under them was filed, in which the estimated cost of the tunnel and ditch was given as $189,200 and that of the reservoir as $20,000. Later in 1904 a survey was made of a tunnel site, three collecting ditches, and two pipe lines, and in October of that year a statement of claim under them was filed, in which the estimated cost of the tunnel, ditches, and pipe lines was given as ?375,000. The location and dimensions of the tunnel in the second survey differed from those in the first. The difference was not pronounced, and yet was a real change. In September, 1906, another statement of claim was filed covering the upper Rawah ditch, the lakes connected therewith, and the tunnel. This statement declared that the lakes were to be so enlarged that they would have an aggregate capacity of 1.2-">0,000.000 cubic feet, instead of 325,000,000 as stated in the filing of 1902; and if again changed the loca- tion and dimensions of the tunnel this time more than before. In 1905 and 1906 surveys were made to find a route for an open canal from the Laramie around the mountains, through a portion of Wyoming and back to Colorado, which would avoid the construction of a tunnel and the maintenance of ditches in the higher mountain levels; and in 1908 a statement of claim covering such a canal 1 An eiv-il'ieer who had been cwnccte 1 with the work and was a witness tar the defendants, said: ''This svUem hi it .vo distinct, an lin lep.'nient s mrc-os of supply; that from the Laramie River and that from the Poudre River Basin an i the tributaries of the South Plalte. and it was sode-igncd thai the Poudre Valley Canal couH divert water from the P.uidre River and also from the northern tributaries of the Poudre inter- c 'pie 1 by the canal ani from the tributaries of the South PIu' ti as Crow Creek and intercepted by the canal wherever there was surnlus water. We estimated that the amount of water available out side of the Laramie River source would be between so.000 and 100.000 acre-feet per annum as an average. " DE\ 7 ELOPMEXT OF LOWER COLORADO RIVER BASIN. 51 was filed, as was also a claim covering a large channel reservoir nine miles down the stream from the tunnel site. The estimated cost of the canal was given as $1,000,000 and that of the reservoir as $200,000. The plan evidenced by these filings was that of impounding the water in the reservoir and liberating it in an equalised flow into the canal, which was to carry it into the Poudre watershed without the aid of a tunnel. Late in 1908 and in the fore part of 1909 another survey along the same general line and with the same purpose was made at a cost of $15,000. Early in 1909 a statement of claim was filed covering a proposed reservoir near the tunnel site, the cost being estimated at $200,000. In 1907 the Laramie-Poudre Reservoirs and Irrigation Co. succeeded to whatever rights the promoters had acquired up to that time, and all subsequent surveys, in- vestigations, and filings were made by it. In April, 1909, the Greeley- Poudre irriga- tion district, within which the water is intended to be used, was organized. At that time sufficient capital had not been obtained to carry the project through in any form. In September following the irrigation company and the irrigation district the entered into a tentative contract, under which the company was to consummate the project in its present form, and, after doing the construction work, was to transfer the property to the district. Payment therefor was to be made in interest-bearing bonds of the district. By a vote taken the next month, the district ratified the contract and authorized the issue of the bonds. About the last of that month the work of boring the tunnel and making the diversion was begun. It is manifest from this historical outline that the question of whether, and also how, this proposed appropriation should be made remained an open one until the contract with the irrigation district was made and ratified in 1909. Up to that time the whole subject was at large. There was no fixed or definite plan. It was all in an inceptive and formative stage investigations being almost constantly in progress to del ermine its feasibility and whether changes and alternatives should be adopted rather than the primary conception. It had not reached a point where there was fixed and definite purpose to take it up-and carry it through. An appropriation does not take priority by relation as of a time anterior to the existence of such a purpose. It no doubt is true that the original promoters intended all along to make a large appropriation from the Laramie by some means, provided the requisite capital could be obtained, but this is an altogether inadequate basis for applying the doctrine of relation. Xo separate appropriation was effected by what was done on the upper Hawaii ditch. The purpose to use it in connection with the Skyline was not carried out, but aban- doned. This, as Link testified, was its "principal" purpose. The purpose to make it an accessory of the large project was secondary and contingent. Therefore the work on it can not be taken as affecting or tolling back the priority of that project. Actual work in making the tunnel diversion was begun as before shown, about the last of October, 1909. Thereafter it was prosecuted with much diligence and in 1911, when this suit was brought, it had been carried so nearly to a state of completion that the assumption reasonably may be indulged that, but for the suit, the appropriation soon would have been perfected. We conclude that the appropriation should be accorded a priorty by relation as of the latter part of October, 1909, when the work was t>egun. Applying a like rule to the Wyoming appropriations, several of them must be treated as relating to later dates, and therefore as being junior to that appropriation. Some of the projects in that State are founded on a plurality of appropriations, a part of which are senior and a part junior to that one. The evidence shows that the Wyoming appropriations having priorities senior to the one in Colorado, and which are dependent on the available supply before named, cover 181,500 acres of land and that the amount of water appropriated and reasonably required for the irrigation of these lands is 272,500 acre-feet. A much larger amount is claimed, but our finding restricts the amount to what the evidence shows is reasona- bly required, which is one acre-foot per a< re for the larger part of the lands, two acre- feet per acre for a part and two and one-half acre feet per acre for the remainder. As the available supply is 288,000 acre-feet and the amount covered by senior appropri-.il ions in \Vyoming is 272,500 acre-feet, there remain 15.500 acre- fed which ore subject to this junior appropriation in Colorado. The amount sought to be diverted and taken under it is much larger. A decree will accordingly lie entered enjoining the defendants from diverting or taking more than 15,500 acre-feet per year from the Laramie River by means of or through the so-called Laramie-Poudre project- It is so ordered. A t rue copy. Test: , Cleric, Supreme Court, U. S. 52 DEVELOPMENT OF LOWER COLORADO RIVER BASIX. COMMITTEE ox IRRICATIOX OF AI:II> LAXDS, HOUSE OK RKPKKSKXTATTVES. Junt !1. 198*. The committee met at 10.30 o'clock a. m.. Hon. Nicholas J. SinnoU presiding. Mr. SIXXOTT. This meeting was called this morning for the purpose of hearing Mr. Hoover, who is chairman of the Colorado River Commission that examined into ( the matter we are considering. We will be glad to hear you. Mr. Secretary. STATEMENT OF HON. HERBERT C. HOOVER, SECRETARY OF COMMERCE. Secretary HOOVER. Mr. Chairman, I assume the committee is quite familiar with the physiographic character of the river, the topography, and the problems that are presented. Mr. SINXOTT. We have had considerable testimony on those points. Secretary HOOVER. It can be expressed in very few words, that the Colorado River drains portions of seven States: that the volume of flow of the river varies seasonally during the year from somewhere between five to six thousand second-feet up to 200,000 second-feet, while it. varies in total quantity of discharge from fl.OCO.CI acre- feet per annum up to 26.COO.OCO acre-feet in different years. The irrigation work now in progress in the lower river has absorbed the whole flow of the river at low water, and therefore further extension of irrigation is estopped, unle.-s sioiage of the flocd flow is undertaken. From the storage point of view the river is unique. The amount of additional acreage in the United States that can be brought under irrigation in the upper and lower river can be extended by between four and six million acres, a against perhaps under 3.COO.OOO acres now under irrigaticn. Furthermore, the spring floods now endanger the land under irrigation, and the problem is also one of storage for control purposes. The Colorado River Commission, of which I am the chairman, and on which I represent the Federal Government, was established by legislation in the seven States and by the Federal Government looking in the first instance to an agreement that would prevent legal conflict between the different States in the basin over the use of water. The legislation establishing the commission in some of the States also implies that the commission should give consideration to a definite plan for the development of the river as a whole, both from the legal and economic phases and also from the engineering point of view. But whether that is expressed or not it is implied, because there can be no settlement of the legal rights of the different States that did not embrace the contemplation of storage along the river. The only hope of securing further devel- opment and the application of the waters to their maximum use is through storage. Therefore it is impossible to discuss the question of interstate water rights without discussing it in the phase of storage. The commission is endeavoring to develop an adjustment of the interstate rights to the water, and will probably offer some recommendations as to a long-view program for the development of the river. On the legal side it is proposed that an agreement should be entered into between the seven States and the Federal Government establishing the rights of the seven States to their participation in the water, and that that agreement, if it meets the approval of the legislatures of the seven States and the Federal Government, will become statutory law with respect to the basin. There are no agreements yet reached in that phase of the matter. The commission reassembles to consider it fdrther on the 1st of August at Santa Fe. In the meantime the recent decision of the United States Supreme Court has considerably advanced the whole conception of interstate water rights. Mr. SINXOTT. You speak of the Wyoming-Colorado case'. 1 Secretary HOOVER. Yes: the Wyoming-Colorado case. That decision, perhaps, simplifies the issues, because it fairly definitely establishes interstate rights to the water by priority of beneficial use. In the considerations by the commission of this question, which has lasted over some months and has involved public hearings at various points in the basin, the engineering problems, of course, have been constantly in the minds of the commission and the public generally who have appeared before the commission. The most pressing of these problems is the control of the annual freshets on the river, not only from the point of view of storage but from the point of view of safety /> to the people of the lower river. The Imperial Valley and the Arizona districts are { in great danger at the present time, and it becomes vital that control of the freshets shall be established. Almost at any moment in one of these freshets the Imperial DEVELOPMENT OF LOWER 'COLORADO RIVER BASIN. 53 Valley may be drowned out by the breaking of the river into the Salton Sea. So imminent has the danger become to the valley that the people in that area are now having difficulty in obtaining mortgages and other loans to carry on their business. The banks throughout the southern part of California have become fearful that action may not be taken by the Government in time to assure the safety of the large invest- ment3 already mada, and the paople are finding a groat deal of difficulty to finance themsalves. I mention this as an indication of the pressing emergency of the situation and the necessity for early action. In the various discussions before and in the commission, consideration has been given to the question of at what pirticular point storage should be first established, so as to fall into any plan of a Ion ,' view program that might extend over two centtiri.-s, for whatever is done in this situation should be done in the long view. We have in this river the advantage of a practically virgin situation that can be considered from the point of view of broad mtional development with a definite, well-considered program . Although there may be many views as to secondary steps in development, they can be neglected at the pro-nut time. However, without the commission having gone on to any particular record in the matter, I think all of the members of the commission are in agreement that tha first step is the construction of a large storage dam somewhere in the neighborhood of Boulder Canyon. There may be some questions of founda- tions that may shift the site of that dam 15 or 20 miles. I believe the great majority of engineering and public view does not question that this is the first step. The reasons for coming to this conclusion are, first, the immediate importance of control of flood flow, the large and cheap storage provided at this site, and the prob- ability of an early development of a power market. The location of the dam at or near Boulder Canyon, as against projected dams farther up the river, has been disputed by some, but inasmuch as Boulder Canyon is some 150 miles nearer to a power market, and as the sale of power will be ultimately necessary in order to establish a substratum to finance the operation, that reason alone would seem convincing as to the location of the dam at that point . Mr. LITTLE. How far from the Boulder Canyon is the first extended area of land that would be irrigable? Secretary HOOVER. I should think probably 130 or 150 miles below. Some who have advocated a dam at the next practical site, some 250 miles farther up the river, look at it solely from the engineering point of view rather than from the point of view of the economics of the problem. I do not know whether it is necessary to go into that question in any detail; if so. the engineers of the Irrigation Service can no doubt inform the committee with a great deal more detail than I can . Mr. SIXXOTT. What do you mean by the economics of the problem? Secretary HOOVER. The availability of the power market, and the fact that the dam at the lower site would control a larger degree of possible freshet than dams farther up the river, and that that location of a dam below does not at all interfere with the subsequent development of other dams above. There is a legal phase in the problem in the devel- opment of the river that must be taken into consideration. That is the fact that the lands which are likely first to come into irrigation, on the present return from irrigated lands, the ones most easily financed are those in the lower part of the basin. A larger amount of land in the upper basin will no doubt be brought into irrigation at later limes. Therefore, the States in the upper basin have been anxious that there should be no water rights established by storage or prior beneficial use in the lower basin that will interfere with their ultimate development above. In other words, that as a result of the works in the lower basin there should be no limitations of the possibilities of bringing their land into fruitful development. Mr. BANKHEAD. What do you mean by the lower and upper basins? Secretary HOOVER. We generally speak of California and Arizona as the lower basin, as distinguished from Colorado. Nevada, I" tali. New Mexico, and Wyoming in the upper basin. These lands in here [indicating on map lands in southern California and Arizona], will come into play first being the easier of development. The ultimate earnings of the land farther north may be equal to those below, but their development will be slower. That has been the history of most streams, so far as I know, that is, the first lands to be brought into irrigation are the lands in the lower river. I raise this matter because it is a very pressing question to the Stales in the upper basin. Mr. RAKER. Is the controversy pending among iho seven States as to the division of the water and the location of the dam? Secretary HOOVER. I do not think there is division of opinion that the most urgent dam is needed in the neighborhood of Boulder Canyon. Mr. RAKER. Then the only question is as to the division of storage water? 54 DEVELOPMENT OF LOWER COLORADO RIVER BASIX. Secretary HOOVER. The question in llie minds of the upper ha t sin is that the con- struction of a dam below them at Boulder Canyon would establish a water right under the practice of the Western States that the actual storage of water creates the right to use the water. That is, they might by such a beneficial application be compelled to allow the flow of the water into the dam at the sacrifice of their own lands. The commission is endeavoring to solve that problem. Mr. SINNOTT. They want to save this question of prior right? Secretary HOOVER. They think there might be established a prior right limiting the development, of their lands. Mr. RAKER. In other words, I gather from your first statement that this water can not be used now, but it must be in process of storage either in the upper part of the river or below. Secretary HOOVER. The problem of the retention of a right to the water by the States in the upper basin is not insoluble, because the total flow and storage possibilities of the river along its entire course are probably sufficient to irrigate all of the land that can ever be brought under irrigation. Mr. RAKER. Then is it your view in that connection that this legislation should go forward, notwithstanding the fact that the commission has not finally determined, or that the States have not acted upon whatever recommendations the commission has agreed Upon? Secretary HOOVER. I think the legislation should go forward, because the emer- gency of the situation in the Imperial Valley requires almost immediate action in the control of the river and distinguishes it from any other question. Mr. RAKER. It would not in any way affect the adjustment of the matter before the commission. Secretary HOOVER. I do not think the States of the lower basin would raise any objection to a provision in the. bill that the creation of this storage in itself created no water rights as against the upper States. I believe that the feeling in the upper States could be relieved by a provision that the erection of the dam did not create the water rights as against them, with full provision for their protection. Some such action should remove any legitimate objection to immediately proceeding with the con- struction. Mr. RAKER. That being the case, the Government proceeding to construct the Boulder Creek dam, under the law applicable to the first appropriation of the water in the Western States, would that in any way permit or authorize a larger construction if, eventually, the water was taken above? Secretary HOOVER. No; I think we are all pretty well agreed that there is a suffi- ciency of water for the whole basin, even in long-view development. Mr. HERRICK. The point is to impound the whole backwater at flood stage, is it not? Secretary HOOVER. Yes, sir. Mr. HERRICK. When the gates to the dam are closed, to what extent would it protect the flow of the river? Secretary HOOVER. The capacity of the projected dam would be equal, I think, to the flow of the entire river for a period of something less than two years. Mr. HERRICK. It would hold practically the entire river? Secretary HOOVER. For a period of two years, if you wanted to do it. Mr. HAYDEN. You spoke of inserting a provision in this bill which would safe- guard the rights of the States upstream by abrogating the law of appropriation as it. now exists in so far as the Boulder Canyon dam is concerned, bo you not find difficulty in now determining what the ultimate irrigation possibilities are within the seven interested States? Secretary HOOVER. Yes; the several States are not in any very close agreement as to what the actual acreage is that they will be able to ultimately develop. Taking the view of the Reclamation Service, there is apparently, with a careful development of the river, enough water for all. Mr. HAYDEN. It has been suggested that an agreement should be made among the States of the Colorado River Basin that for the next 20 or 30 years any irrigation development, which takes place on that stream shall not create a prior right to the use of water. In other words, that the doctrine of priority would not apply as between all lands brought under irrigation during the period thus agreed upon, but that all appropriations of water should be considered as of even date. At the end of this period of years each State would be better able to determine j ust how much land ( ould be irrigated and they could then agree upon an equitable division of the water. Secretary HOOVER. The commission has come to no conclusion as yet. The theme that seems to meet with more general approval than any other is that each State could proceed with its development up to the absorption of a certain number of acre-feet DEVELOPMENT OF LOWER COLORADO RIVER BASIX. 55 per annum, leaving a considerable residue of the river unappropriated ; that at some future period, 25 or 50 years hence, they should again assemble and discuss what would be done with the remainder, thus \ K H . I do not think there is any intrinsic dispute about that question, because there is a general realization that power must be sold where it can bring a return. There is also the realization that the river at its maximum development, perhaps will produce five or six million horsepower, so the production of five or six hundred thousand horsepower at Boulder Canyon is not the ultimate end or limit of what can be secured. I do not believe you will find there is much anxiety about that question. What there was anxiety about is a matter which will undoubtedly be established in the agreement of the commission, and this is, that there shall be a priority of agriculture over the use for power. $Ir. LITTLE. Is it intended that- Federal legislation shall cover that? Secretary HOOVER. My feeling about the present Federal legislation is that it needs to be confined purely to the question of the erection of storage works at Boulder Canyon. Mr. LITTLE. I thought you said a little while ago that there should be some Federal enactment in connection with the rights arising from the use of the water. Secretary HOOVER. Pending the completion of the work of the commission the only need is legal reservations in respect to the construction of this particular dam. I believe that under the law of Colorado, for instance, the erection of storage gives. a right to the use of the water of that storage as against subsequent claimants for water from the stream above the dam so far as it might deplete storage. Necessarily there is some alarm in the minds of the States above that the erection of this particular storage might give the lower basin States the right to call on the upper States to allow the river to flow into the dam without reference to their own needs, and this might apply even were all of the water in storage not used for many years. Mr. LITTLE. Has the commission reached the conclusion that a Federal enactment would settle the question as to whether the lower States should have priority on the Boulder Canyon water? Secretary HOOVER. No; I do not think the lower States want a priority at all. Mr. LITTLE. I thought, from what you said that the bill should probably contain a provision that no special rights should arise to the Southern States, as against the others, by reason of the building of the dam, and the question in my mind was whether you had reached a conclusion that. Congress could probably make such a law. Secretary HOOVKR. My advice was that Congress could, in the bill authorizing the construction of this dam, make such a provision as would relieve the upper States of danger upon this particular point. Mr. LITTLE. Have you had the law examined sufficiently so that you feel sure of your position? Secretary HOOVER. I would want to take further advice about it, especially in view of the late decision of the Supreme Court. Mr. LITTLE. You also spoke of agreements possible between the States. Has it been settled legally that the States can make agreements about that water that would bind anybody? Secretary HOOVKR. Yes; I am advised that this is a fully established right under the Constitution. It has been very seldom taken advantage of. In other words, it has been established that a treaty can be entered between the States, and if the treaty is ratified by the Congress it becomes statutory law. Mr. SINNOTT. The States of Oregon and Washington entered into an agreement in reference to the Columbia River which was ratified by Congress. Mr. LITTLE. Does that bind any'nodv. in reference to the respective rights? Secretary HOOVER. I assume it is binding. Mr. LITTLE. Suppose there were no such agreement, what would be the effect of a Federal law of that kind? Secretary HOOVKR. I suppose that if the dam is erected by the Federal Government, the Federal (Jovernnient would be the poss.-s-or of any rights applicable to that dam - you will need legal instruction upon many of these quest ions. Mr. SINNOTT. Is that a navigable stream, Mr. Secretary'.' Secretary HOOVKR. The Colorado has been navigated above the mouth of the Cilu River; it is not navigated at the present time. Mr. SINNOTT. Is it navigable at the Boulder Dam? 56 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. Secretary HOOVER. Xn. Mr. SIXXOTT. How far from there is it navigable above and below? retary HOOVER. Navigation was once carried up to a point some 25 miles below, but systematically say to 100 miles below that canyon. Mr. HAYPEX. Years asro steamboats went from the mouth of the Colorado River up to and above Fort Mohave. That was before the transcontinental railroads were / constructed. Since that time there has been but little navigation on the river. ^ The effect of the construction of the Laguna Dam was to prevent navigation, although the river is declared to be navigable by a treaty between the United States and Mexico and is so considered by the \\'ar Department. Mr. SIXNOTT. Is there any public land at that dam site? Secretary HOOVER. Yes. sir; it would all be built on public land, and from the S-actical point of view I assume that every dam that could be built on the Colorado iver at any point would involve the use of public land, so that the Federal Gov- ernment has a very considerable voice in the entire matter. Mr. SMITH. What is the length of time that would be required to construct the Boulder Dam? Secretary- HOOVER. From 8 to 10 years. Mr. SMITH. In view of the emergency in the Imperial Valley is there any other relief that could be more speedily applied than the holding back of the water? Secretary HOOVER. It is possible to get relief to the people in the Imperial Valley at some intermediate stage of the construction of the dam at Boulder Canyon. I think it ought to be possible to get relief in there in three or perhaps four years. Mr. SMITH. Has any other plan been contemplated that would obviate the possi- bility of danger to the property interests there? Secretary HOOVER. There are a number of engineering suggestions that have been made. I doubt whether most of them will hold water, however, when put to the test . One of those suggestions is to blast in the canyon and make a dump in the river that would create a sufficient holdback to give some relief. But I doubt whether any serious engineer would contemplate placing the lives of ultimately from three to four hundred thousand people under the dangers of such construction. Mr. SMITH. A couple of years a?o we had under consideration a proposition to build an all-American canal. Could that work go on more speedily than the plan of im- pounding the water? Secretarv HOOVER. That work could go on coincidentally with the work on the da m if it were desired. Mr. LITTLE. Does your commission favor that all-American canal? Secretary HOOVER. We have never discussed that subject because it was one purely local to California. Mr. LITTLE. Have you an opinion on it personally? Secretary HOOVER. I think it ought ultimately to be done. There are many reasons why the United States should be independent of Mexico in the distribution of the Colorado River. At the present moment the Imperial Valley is dependent on the flow through Mexico, and it means constant concessions must be given to Mexico in respect to these waters. Mr. HAYDEX. Is the Colorado River Commission giving any consideration to water rights in Mexico in making the proposed apportionment? Secretary HOOVER. I have assumed that whatever rights Mexico may have in the matter will be amply satisfied by the residue of the flow after everybody else is finished. Mr. HAYDEX. That view is entirely satisfactory to me because I do not believe that Mexico has a legal right to any part of the flow of the Colorado River. With respect to the matter of power, I understand that there are a number of applications pending before the Federal Power Commission, one in particular at Diamond Creek, above Boulder Canyon. The applicant. Mr. James B. Girand, of Phoenix, initiated a claim to this power site some years prior to the passage of the Federal water power act and is very insistent that this right be accorded to him. Mr. Girand claims that he has fully complied with the terms of the Federal water power act and is ready to proceed with construction. I understand, however, that some representation was made by the Colorado River Commission to the Federal Power Commission by which the approval of his application has been withheld. Do you know anything about the facts in the matter? Secretary HOOVER. The Colorado River Commission made only the suggestion to the Federal Water Power Commission that none of the rights on the river should be given away that did not fall into mesh with a properly considered national plan for f this development and did not protect the irrigation rights. We might conceivably t have power rights given all along the river that would jeopardize its agricultural development. We muct give agriculture priority. So far as that {articular power DEVELOPMENT OF LOWER COLORADO RIVER BASIX. 57 >ite is concerned, on investigation I do not believe it would be found that it would affect the agricultural question more than a reservation that is established no right of continuous flow. IT has no storage importance. The governors of some of the States and the Department of the Interior did protest against this permit temporarily. The Colorado River Commission has no authority in the matter and, so far as I know. made no sugire-M ions l.eyond the above. The Federal Government has a serious prob- lem to consider as to the finance of construction of the dam at Boulder Canyon. It would involve a large sum of money, and the recovery of that sum of money will be dependent considerably upon the development of power. It has been contended that to admit a competitor in the sale of that power at once diminishes the return to the Federal Government upon the great burden that it must assume in providing storage. The Diamond Creek Dam would be cheaply constructed and provides no storage of consequence. We must consider that the raver belongs to the people, and that they have a right to develop their river in such fashion as to give them a maxi- mum return in power, storage, and control of floods. I have the feeling that the Boulder Canyon Dam will require a number of years for completion. It will require 10 years before it can be brought in as a large power unit, and during that period there will be a large development of a market for power, and it is possible, on a careful study of that situation, that the Diamond Creek power development would not inter- fere with the ultimate market of the Boulder Canyon. But both the Department of the Interior and some of the individual members of the Colorado River Commission considered it was wise to hold that application up until the subject was fully inquired into. Mr. SWING. May 1 add. in fairness to the commission, that I personally know that a great number of protests were tiled with the Federal Power Commission, many of them from California, and I know some in Colorado. retary HOOVEK. There was some feeling that Congress might be less inclined to a'ct'in saving this emergency situation in the Imperial Valley if the power develop- ment was not held up until Congress had all the factors before it. Mr. RAKER. I understand then that at the present time there are no prior rights granted, although there are some applications on file, that would in any way affect the Government construction of the Boulder Canyon dam to its highest capacity. retary HOOVER. Xo: I do not think there are any power rights that amount to anything. There are some rights in the upper river but they are of no importance in consideration of the Boulder dam. Mr. RAKER. It seems to be the policy to grant no rights until the right of the Government is fully established as to the capacity of the dam at Boulder Canyon and the amount of water that would come there to create a supply for power purposes as well as irrigation. Secretary HOOVER. I have felt that Congress ought to have the right to consider this situation before any portion of it was disposed of. Mr. RAKER. Then as I understand it, as far as determination by the Reclamation Service and the Colorado Jliver Commission has gone, it is that there is sufficient water, flood and otherwise, to justify btiilding the Boulder Canyon dam? Secretary HOOVER. Certainly. Mr. RAKER. Then, in the second place, the Government acting as an individual would act in constructing the dam. would make its filing, just as anybody outside of the Government would do. for this water right, and then when the dam was constructed and ready for use its right would date back to the time of its tiling so it would know what it originally started in for and believed it had. a sufficient water right, it could maintain at the completion of the dam in order that there would be no interfering with any subsequent rights acquired by virtue of prior construction necessary after filing notice by the Government. Secretary HOOVER. We have put it in a different way. I do not believe the Gov- ernment requires any water right. It does not need to go through any process of establishing a water risrht. The actual situation will solve that for itself. The flow of water will. I believe, keep the dam full even with full development above. But I believe that it is well to relieve the anxiety of the upper States by declaring that the Government would exercise no claims in respect to it. Mr. RAKER. In that connection would we not be met with the contention that if other dams were constructed, even alter the Government had started, thai they had complied with the law and that they might have a prior right over the Government, and therefore it. would lie better for the < iovernment to lay its foundation permanently so there could be no question of the loss of its rights u!'t'"- it had .-\ jn-tiiled an oMnniimin amount for the construction of the dam? Secretary iloovKR. We thought that c-nild he better safeguarded \ty providing that any water rights given on the river for power purposes should not constitute any claim 58 DEVELOPMENT OF LOWER COLORADO RIVER J'.ASIN. against agricultural users. In the discussion of the Diamond Creek water right I think it was agreed by all sides that if and when granted it should contain a provi- that the dam could not establish any water ri'_rht. not even a right to th-> continued ilnw of the river. In other words, that the person who erected the dam took all the ri-ks. I do not think those applicants could have any objection to it because they know the water will flow with sufficient certainty for a century or so. Mr. LITTLE. Could any private individual acquire any better rights if the Govern- J| ment declared it would take them as a result of this dam? .etary HOOVER. I would want to make further inquiry as to the effect of the recent decision of the Supreme Court upon the question. That is whether an indi- vidual below the dam by applying the water to beneficial use which arose through storage in the dam. would thereby create a right as against later application of the ! of water above the dam. That question would have to be inquired into in the Ik lit of the new decision. Ar the time this bill was discussed it was the view of the solici- tors for the department that the Congress could, by a provision in this act, remedy the fears of the upper States. Mr. LITTLE. They could fix private individuals' rights? Secretary HOOVER. Yes. This discussion, however, was before the recent decision. Mr. LITTLE. As I understand you now. the purpose of the commission is that this bill shall contain provisions by which the Government is not obliged to accept any water rights at all? retary HOOVER. Xo; that it contain a provision that will, to the satisfactior the upper States, protect them as' against any prior water rights created by the con- struction of the dam its<-lf. Mr. LITTLE. By the Government? Secretary HOOVER. Yes. Mr. LITTLE. But not against the individual: as to that you have not reached a final decision? Secretary HOOVER. Xo. Mr. HAYDEX. That no prior right is to be created by the construction of this dam? Secretary HOOVER. Yes: if it can be made to apply to that. Mr. LITTLE. May I ask whether it is the idea that the same character of legislation shall appear in the bill with regard to power rights, too? Secretary HOOVER. Xo. Mr. LITTLE. Certain power will be developed. Is there any provision put into this- bill as to that? Secretary HOOVER. Xo; I do not think there is any feeling that there needs to be any provision as to the distribution of power. Mr. SMITH. The Government has no power to provide that individuals would have no right under the law to make any claim on it. Every man would have the right to- create this power. Mr. HAYDEX. With reference to the provisions of the first section of the Swing bil! r Mr. W. S. Xorviel. a member of the Colorado River commission, who is also the Ariz- ona State water commissioner, has written me a letter in which he says: "In the.first section, beginning with line 8 to the end of the section, the languap objected to for the reason that it takes out of the control of the State of Arizona 01. her largest undeveloped resources, and one to which we have long looked to be of very great benefit to our State when developed. It would appear from the language that all persons, municipal corporations, private corporations or States would be prevented from constructing or owning any dams or diversion works in the Colorado River below the mouth of the Green River. I personally object to this presumed reservation on the part of the United States of the exclusive right to construct, etc.. because, as I deem it. the United States has no authority to make any such reservation, nor can such author- ity be granted by Conirr- I am sure that the committee would be pleased to have the benefit of your views. as to the necessity for such legislation as is proposed in section 1 of this bill. Secretary HOOVER. It seems to me it was an unnecessary provision from many points of view. It does raise a serious question in the minds of the States, but as a matter of fact there can be no building of dams without permission of the Govern- ment. Mr. HAYDEX. Anyone now has authority under the water power act to make application for a power site on public land and may obtain a permit to develop it. Secretary HOOVER. Yes, sir. Mr. HAYDEX. If section 1 was enacted as it stands, it would practically amount ^^. to a repeal of the water power act so far as the Colorado River below it junction f . with Green River is concerned. DEVELOPMENT OF LOWER COLORADO RIVER BAS1X. 59 Mr. SIXXOTT. An applicant has the right to apply under the water power act, but he has no vested right. Mr. HAYDEN". I suppose that the Federal Water Power Commission naturally con- sults the other Government departments before acting, but this section proposes to absolutely prevent the Water Power Commission from granting a permit, because all rights on the lower river are to be reserved to the United States. Se -ret.iry HOOVER. I have never S'vn any particular value in that provision. It iMH'-s a very contentious question. The States are maintaining thein rights to a voice in the assignment of power privileges so that even when a power right is granted by the I-',- i.'i'al I'o.'.vr < o'umission rhe possessors of that right must go back to the States and lieir permits. I doubt whether any State will want to sacrifice its own rights in matters, and I have never seen any real reason for introducing it here. The primary question here should be simply the construction of storage works that will give relief to the emergency situation in the Imperial Valley and increase the possi- bilities of irriga ion. Mr. SivNorr. How long will it take to construct the necessary works to remove that e:n Tgent situa f io:i? retary HOOVKR. I think it is the feeling of the reclamation engineers that at Borne perio 1. say ihree or four years after the commencement of the construction, they will be in a position to remove the major danger. Mr. SWIN ; . llH' "Tin , r to the questions previously asked, assuming, as I do, that you think the V>esi possible development of the Colorado River calls for a unified project for development upon a harmonious, comprehensive plan, is there any other agency, other than the Government, that. can work that out as a unified project? Secretary HOOVKR. Xu: the Government must preserve the unity in the develop- ment. It has the powers through control of the public lands and the Federal Power Commission and various other agencies. Mr-. RAKER. That being the fact, if the Government spends $40,000,000 to construct the Boulder dam the testimony is that that would supply the entire territory. Would it be advisable for the Government to yield this right and permit others to construct dams for hydroelectric power purposes and then have the two competing for cus- tomers? Secretary HOOVER. If it was a question of preventing the return of the Govern- ment investment, I would say no. But it is my impression that the demand for power in that territory will ultimately far exceed that which will be supplied by this particular development. I do not know that it is any objective of the Federal (iovernment to go into power development per se. The Government is concerned to secure a control works with irrigation storage erected at the least outlay. The Diamond Creek development is entirely a power development and would " have no influence on agriculture or flood control. Mr. RAKER. My point was and I got my impression from your answers that the two could be constructed and still there would be a demand for the power generated by both of them. Secretary HOOVKR. Yes: and I think for even greater amounts, eventually. The whole problem is one of time. At this moment there is probably an immediate need of, say, 200,000 horsepower; 10 years hence there is a possibility of a need of a million horsepower. Mr. Hrnsi'ETH. You spoke of the construction of the all -American canal for the immediate relief of the people in the Imperial Valley. How long would it take to const met that canal? Secretary HOOVKR. The ail-American canal will not control the flood waters. I have not looked into it in any detail, and I could not give you any reliable statement as to the time required. Mr. RAKER. Do I correctly understand your statement, Mr. Secretary, in regard to the water supply, that even if the Flaming Gorge dam, the Dewey Gorge dam, and the Glen Canyon dam were put in by private individuals or otherwise, and the Boulder Canyon was sver project? Professor DURA.ND. Yes; I so understand, and I know furthermore that the com- munities Lrcnerally in that section of the country are in immediate need of additional power and are desirous of its prompt development from the Colorado Ri\ er. To come back to the point I was speaking of Mr. liARBoru i interposing). Before you leave that, could you give us any state- ment as to the amount of horsepower, or electric energy in horsepower, that is now used by the city of Los Angeles? Professor DURAND. The present developments in its own plants, as I said a moment ago, represent 100,000 horsepower. Mr. l.ARnoru. And that is all along the aqueduct? Professor DURAND. Yes, sir. It is, furthermore, a purchaser of power to a large degree and I am sorry I am unable to give those figures. I should, perhaps, state foi the benefit of the committee that I am appearing here in some small way representing Mr. Seattergood, the electrical engineer of the city, who is, unfortunately, ill in the hospital and is unable for that reason to appear before the committee. I have myself just returned from Europe and was caught by a telegram when I landed in New York and asked to come over here to assist in presenting this situation before the committee. I have been quite familiar with certain phases of these problems but the chief elec- trical engineer of the city would have all of these figures at his fingers' ends while unfortunately I have not. Subsequent examination develops the figure of about 160,000 horsepower capacity as representing the present total requirements of the city of Los Angeles, with proper reserve in addition to insure reliability of service. I was about to say a moment ago, with regard to the aggregate amount of power which will be developed on the Colorado River at Boulder Canyon, 600,000 horsepower, that unquestionably the interests in the territory to be served from that site will not remain without some further power development in the meantime, but it is very sure, as far as we can in any way humanly forecast the situation, that the future power developments within the next six or eight years are going to run far short of the require- ments in that period, so that at the time the Boulder Canyon project shall be com- pleted and ready for service there will be a very large void for power ready to be filled up promptly from that source, and I am satisfied in my own mind that within a very short period of time after the completion of that project the entire output of the plant will be required and can be marketed at figures which, as I shall show in a moment, will represent an economic security for the money invested. Furthermore, I believe that the communities interested in this power will be ready, on the completion of the project, to become immediately responsible not only for such an amount of power from the Boulder Canyon plant as shall represent their immediate deficits, but also for such further amounts as will anticipate to some extent their future, and that in this manner the section of the country interested in this power will be ready to assume responsibility for the entire output of the plant and thus relieve the Government of all carrying charges. I believe that I am justified in say- ing that the city of Los Angeles is ready to assume such responsibility to an extent far beyond its presumable deficit of power at the time the Boulder Canyon project is ready for service, and I am confident that other communities will in like manner wish to safeguard against their future growth. I believe that on a conservative esti- mate, from one-halt to two-thirds of the total output will be immediately required by the time the project is ready for service and that responsibility for the balance will he eagerly accepted by communities interested, thus covering the entire carry- ing charges as already stated . Mr. RAKER. Through what means and from what source are you going to secure the power you say you need between now and the time the Boulder Canyon dam is completed? Professor DURAND. The private power companies in the southern part of the State have still other projects in contemplation and in progress of development. These projects, by and large, will cost more per unit than will the power at t he IJoulder Can- yon Dam, but the customers will not wait; there will be a market for power which will justify the development of some considerable amounts in the meantime but I can not undertake to say how much. Mr. RAKER. Is it your view that the private individuals and concerns that are now developing power arid will have developed it by eight years from now, if the Boulder ( 'anyon Dam is completed in eight years, will, at the time the Boulder Canyon Dam is working, lose their customers? Professor DURAND. Xo. I mean, they will not be able to develop power enough to supply the market. 66 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. Mr. RAKER. In the meantime? Professor DURAXD. Yes. Mr. RAKER. When the Boulder Canyon Dam is completed and 600.000 horsepower is developed will these private indiduals and concerns be put out of business? Professor DVRAXD. Xo: I take it they will not be put out of business, but there may be required some readjustment of rates. Mr. RAKER. Of course, that would be one of the things to be adjusted, but Mr. Hoover says that all of those things are now adjusted by commissions and, therefore, we do not have to worry about them, but if in the next 8 or 10 years there was a large development outside of Los Angeles by these private concerns and private individuals to supply the demand that is increasing all the time, I was wondering whether or not by the construction of the Boulder Canyon Dam they would thereby be put in the position that their property would be practically worthless? Mr. HARBOUR. Would not the developments in the other parts of the State result in the consumption of all that power? Even though Los Angeles did not use it other sections would be developing and thus result in a demand for more power in those s?ctions. Mr. RAKER. I was trying to get the professor's view on that. Professor Di HAND. My opinion as to that point is this: That there will possibly be required some careful consideration of rates on the part of the rate-making power at that period of time, but I do not foresee the putting out of business of any of these present or even immediately prospective power plants. I believe, furthermore, it is a fact that certain of these power companies are looking forward with considerable care to the projects which they propos? undertaking in the immediate future, having an eye on the possibilities of the developments at Boulder Canyon Dam: they are, in other words, discounting to some extent the possible developments at Boulder Canyon Dam. To develop this thought in a little further detail, I should consider that by the time the Boulder Canyon project is ready for power service, the actual deficit or void await- ing to be filled will amount to one-third of the total output or more, and this without counting on more than the normal growth in present modes of power use. Additional or new industrial uses of hydropower, stimulated by favorable rates, will undoubtedly be planned for operation concident with the completion of the project. Among such uses mention may be made of irrigation pumping, mining and chemical industries and the electrification of railroads in the section within economic reach of this source of power. It is a matter of common knowledge that the Sante Fe Railroad is already manifesting an active interest in the possibilities of power from this source. Those new or extended uses, over and above what may lie termed normal growth, will easily carry the total demand at the completion of the project to the amount of one-half or two- thirds the total output, as stated at an earlier point. This would leave say one-third of the output only, as reserve against future growth, an amount representing only a moderate provision against the future and certainly in nowi-e justifying the scrapping of any of the earlier existing plants. Furthermore there are certain areas served by these existing companies which would not so readily come within the scope of service from Boulder Canyon and normal growth within such areas would aid in furnishing an outlet for their power product. Again, it is common practice with power companies, as the time approaches for bringing in a new station or a new block of power, to allow the margin of reserve power (power capacity over and above that normally required and serving as an insurance against interruptions in service) to gradually decrease, thus diminishing the margin intended to secure reliability and continuity of service. This policy will undoubtedly be followed in the case of the Boulder Canyon project and all power companies will thus anticipate service from this source by a continuous decrease in the desirable margin of reserve power and in a correspondingly increased use of their steam plants. This is what was referred to a moment ago as an anticipation of or a discounting of the future with reference to the influence of Boulder Canyon on the general power situa- tion. It thus results that a considerable block of the Boulder Canyon power, when brought in. may be considered as no more Jhan restoring the proper margin of reserve power desirable in order to insure continuity .and reliability of service. Taking these various considerations into account, it seems clear that there need be no apprehension that the advent of Boulder Canyon power will result in putting out of business the earlier and smaller plants. There will be use for all the hydro- power which we shall be able to develop. Mr. SMITH of Idaho. Do you know whether or not the city of Los Angelee is in a position or is inclined to make a proposition to the Government to take over and use a certain amount of this power in the event the Boulder Canyon Dam is constructed, so that we might have some idea as to when the Government will be reimbursed for its expenditure? DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 67 Professor DURAND. I can say yes to that question. I believe the city of Lcs Angeles is ready to make an immediate proposition. Just what the tours of that proposition might be, of course, I am not prepared to state, but I do know that she is so anxious to insure for herself an adequate supply of power in the future as to be quite ready to enter into an immediate understanding with regard to the point you have mentioned. Mr. SMITH of Idaho. It has been represented in the newspapers that at least cne- half of the expense of constructing this dam would be taken care of by power sold to the city of Los Angeles, and that is a question which will have to be worked out before the matter comes up on the floor of the House. Professor DUHAXD. Whether it will be one-half or some other fraction, of couree, I could not tell offhand at the present time, but I am sure that the city of I cs A ngelcs is very desirous of entering into some understanding in regard to these matters. Mr. HARBOUR. Mr. Creswell, I understand, intends to discuss that feature of the matter. Mr. RAKER. Possibly I did not make myself plain. Taking your statement as to the demand for power during the next 10 years, and assuming that the Boulder Canyon Dam will not be completed and ready for 10 years, and these private concerns and private individuals proceed to develop their present projects, at the end of 10 years will there be a demand for the power created by the Boulder Canyon Dam, in addi- tion to the developments of the private concerns and private individuals I have spoken of, that will justify the private concerns and private individuals in con- tinuing in buisness and getting a fair return from the power they sell to the public &s .well as from the energy to be taken from the Boulder Canyon Dam? Professor DURAND. Yes. sir; I think there will be; I think the demand for power will l)o :--o in-oat that within a period of seven or eight vears it will absorb the output of the Boulder Canyon project and at the same time let these other projects continue on a reasonable business basis. Mr. RAKER. So that the contemplated construction and completion of the Boulder < 'an von Dam v.ith an ultimate capacity of (100,000 horsepov er. will not. in your view, interfere with the general development now contemplated by the private concerns and private individuals for the purpose of building up the countrv generally? Professor DURAXD. Xo. sir; it will not. I wiD now pass to the next point which I had in mind. A 'r. SINXOTT. Would you prefer to go on and not be interrupted until you complete what vou have to say? Professor DUKAXD. Xot at all; I am perfectlv willing to be interrupted at any point. T v ill now s-.'v a T'ord ith regard to the possible figures at which this pov- or might be sold. Of course-, it "ill be understood that any such estimates are entirelv tentative in character, especially go far in advance of the realization of any part of the project; sti'l ( an be made which will apparently indicate the order of figure at. which such power might be sold. I have taken the estimates of the Director of the Reclamation Service as to the cost of the dam, and I have made other estimates v.ith regard to the cost of the power plant and machinery: I am applying fixed charges of 9.V per cent which, I take it, will be sufficient to cover an interest charge of 5 per cent: depreciation on such part of the entire plant as will be subject to depreciation and provision for the retirement of the bonds at 2J per cent: this, together with a reasonable operating charge, would result in a total annual charge of -about $8, 000,000. The total annual output of the plant, operated as the equivalent of 600,000 horsepower continuous throughout the year. would be 3. <>20. 000. 000 kilowatt hours, and this works out nlni".-< exactly to one-fifth of a cent per kilowatt hour that is to say, this power could apparently be generated and delivered at the plant with a fixed charge, which would insure the in1<'iv are familiar with the cost of power will see that there is here a very attractive possibility f;>r p.nver users and at the same time at rates which should provide a safe economic basis for the return of the investment, and not only the return of the investment but of the interest charges at the same time. In this connection and in answer to a question asked of Mr. Criswell I would state, on behalf of the chief electrical engineer of the city of Los Angeles, that the losses in transmission over a distance of 250 to 30Q miles and at a voltage of 220,000 volts will average not far from 10 per cent and such loss has been assumed in the illustrative case assumed. With somewhat higher voltages which may be looked for in the future it is to be anticipated that this loss may, perhaps, be somewhat reduced. The only further point I have had in mind and which I do believe is of impor- tance is that with regard to the significance of this power at Boulder Canyon Dam in reference to our soil reserves. Last week while here I had a conference with Director Smith of the Geological Survey and was provided by him, as set forth in authorized public information, with the latest estimates which have been made by a special commission entrusted with the duty of determining, as far as was humanly possible, the amount of our oil reserves. The amount of such reserves is represented by a figure of about 9.000.000.000 barrels, according to the best estimate which can humanly be made at the present time. Mr. SINNOTT. Does that include the shale oils? Professor DURAND. Xo: I believe it does not include the shale oils; it is basically the oils which are recoverable by methods at present approved and in use. Mr. SMITH of Idaho. Is that in the entire United States or just in California? Professor DURAND. That is in the entire United States. The amount of the re- serves correspondingly on the Pacific coast, or in the State of California, is 2.000.000.000 barrels. Mr. RAKER. How does your estimate as to what this power could be produced for at the Boulder Creek Dam compare with the cost of power per kilowatt hour now? Professor DURAND. It is distinctly cheaper. Mr. RAKER. About how much? Professor DURAND. The present cost, of course, is extremely variable, depending on circumstances. Mr. RAKER. Well, on the average? Professor DURAND. I should say perhaps 60 per cent of the average cost under other conditions. Mr. RAKER. This would be 60 per cent cheaper? Professor DURAND. Xo: 40 per cent cheaper. Mr. RAKER. Forty per cent cheaper from the Boulder Canyon Dam than it is now produced for? Professor DURAND. Yes. sir. However, understand that that is a very general statement. Mr. RAKER. I understand. Mr. SINNOTT. Do the figures you have give the length of time it would take us to exhaust the 9.000.000.000 barn-is.' Professor DURAND. I was just coming to that. Our present rate of production is a little under 500.000,000 barrels per year and the consumption a little over 500.000.000 barrels, which means that we have to go abroad for the balance. If these various conditions should continue about as they are we should, exhaust these resources in about 20 years. Director Smith points out. however, that, taken by itself, this statement might be misleading, because conditions are not going to remain as they are. Our production is apparently going up a little more; it is progressing toward a peak and then it will gradually and neceeaarily decline. On the other hand, the future alone can determine as to where our consumption may go in the meantime. This will involve questions of world supply, of our representation in foreign fields, of the cost of imported oil and other economic and industrial factors. But as Director Smith states, we shall go on producing for some years to an increasing extent and then the production will gradually decline, so that the total oil reserves in the United States will last beyond the 20-year period. That is to say. there will be some oil of the reserves above referred to 'still available 20 years hence and some 30 years hence. Mr. Swixc;. lint importations will have to greatly increase? Professor DUKAXD. Absolutely, and I was about to emphasize that very poin-t. Importations will have to increase in order to balance the increased consumption. Xow. if we equate the power at Boulder Canyon into fuel oil we find that the 600.000 horsepower a year equated into terms of oil represents something like 23.000,000 barrels. DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 69 Mr. BARBOUR. And the supply is inexhaustible? Professor DURAND. And the supply is inexhaustible. That brings me to another point, and I am glad you emphasized it in that way, because I had it especially in mind to point out this fact: That when we are using oil we are using a deposit which was made by nature by the sun primarily thousands or millions of years ago. and so far as we know, nature is not engaged in the program of making oil at the present time. Here is a bank deposit which lay untouched through geologic ages until a few years ago, when we found out how to use it. We are now using up our principal, and when anyone constantly draws on his bank principal, and there is no interest accruing, there is only one end to the program. If instead, however, we utilize present day sun power which, of course, water power is we are drawing on and living on an interest account, and there is going to be just as much next year as there was last year, and so on through an indefinite period of years. It; therefore, seems of the most fundamental and serious importance that we should do our utmost to conserve the use of fuel oil wherever possible by substituting therefor this interest-bearing account represented by water power. Mr. RAKER. Not to be facetious, but really for information, when did old nature cease to produce this oil? Professor DURAND. Petroleum oils have apparently been formed in all geologic ages from the Devonian through the CarboniferoOs down to the Pleocene and Pleistocene, but presumably not in significant quantities since the latter period. Mr. RAKER. That was before my time, so I do not care to go into it. Professor DURAND. There is one further point in this connection to which, I think, attention should lie drawn. Mr. SMITH of Idaho. It seems to me the facts you are stating should be the basis of a very good argument in favor of this legislation, because it would save the consump- tion of fuel oils. Professor DURAND. Quite so, and I feel that it is a very important argument. And there is a further point, which relates to the same fundamental question. Petroleum furnishes a wide range of products: thus the lighter products, such as gasoline, kero- sene, engine distillate, etc., then heavier fuel oils, and again that mcst important series of products, the lubricating oils. Indeed it is not too much to say that industrially the entire world is lubricated by these special petroleum products. Mr. SWING. I will ask that Professor Durand be permitted to file later a written statement amplifying the remarks he has made to-day. Mr. SINNOTT. Without objection, that may be done. Professor DURAND. In that connection let me add that water power represents a practicable and effective substitute for fuel oil used for power purposes. This is not true for the lighter petroleum products, and especially for the lubricating oils. It is thus clear that there are certain products which we derive from petroleum and which are fundamentally necessary in our modern civilization and which can, so far as we can see, be derived from no other source. This serves to further emphasize the serious import of this entire question of the use of our petroleum oil and points to the absolute importance of substituting water power for oil fuel power wherever humanly possible to do so, thus conserving pur petroleum reserves as far as possible for those uses for which no substitute is available. Mr. RAKER. Is it your view that the construction of the Boulder Canyon Dam would be justified for the generation of power alone? Professor DURAND. Yes, sir. Mr. RAKER. What is your view as to whether or not the Government should under- take the enterprise or private individuals or corporations undertake it? Professor DURAND. Are you speaking of the dam? Mr. RAKER. The Boulder Canyon Dam and all this development. Mr. SWING. You mean from a power point of view? Mr. RAKER. I am speaking about power. He said it would justify its construction for power. I am asking for the professor's point of view as a man of great experience, as to the relative advantage of having the Government construct it, or having it con- structed by private enterprise. Professor DURAND. As I see it, Mr. Raker, the only agent which could adequately proceed with the construction of such engineering work is the National Government, having in view particularly the interrelation of the problems of irrigation, flood control, and the settlement of the various questions in controversy among the several States that will arise not only in connection with the construction of the work, but later on in connection with trie operation of the reservoir. I believe that the Federal Government is the only agent which could undertake this proposition, especially having in view this particular aspect of the situation. 70 DEVELOPMENT OF LOWER COLORADO RIVER BASIX. I would further point out, however, that in my opinion it is most desirable and most important, both for the Federal Government and for the communities or political subdivisions interested, that provision be made, as in section 5 of the pending bill, for time payments on the capital cost of the project, thus constituting in a way these communities or political subdivisions as partners with the Federal Government in the enterprise and greatly reducing the capital outlay required from the Federal Treasury. Mr. HARBOUR. Have you made any estimate of the time when the Government would be fully reimbursed by the sale of power? Professor PURAND. An annual charge of 2i per cent invested on a sinking fund basis at 5 per cent interest would provide for the retirement of the bonds in a period of about 23 years. Section 5 of the pending bill provides for distributed annual paymen's covering capital cost in 25 years. I believe that the territory interested in this project will be eager to take power from this source at figures which v\ill insure the repayment of the capital expenditure in a period of 25 or 30 years, and including as well, all interest charges on the same. Regarding the matter of oil reserves I would like to mention one further point, and that is that there is in that section of the country, immediately tributary to the Colo- rado River, a consumption of oil annually of something like 13,000.000 barrels by the railroads. That is one item which apparently could be wiped off the slate of con- sumption, once we bring about the utilization of electrical power by the railroads which, of course, is contemplated as one of the definite features of the market for this power. In addition to that something like 4,000.000 barrels are being burned under boilers in miscellaneous ways, making at the present time an aggregate of 17,000.000 barrels that could be immediately saved. This figure of 23,000,000 barrels per year represents therefore a very definite and important item of saving, having in view our total California reserves of something like 2,000,000,000 barrels. Or again, looking beyond the Boulder Canyon project to the total power possibilities of the Colorado River, we should have a total fuel oil equivalent of some 10 times as much or 230,000,000 barrels per year, which is something more than one-tenth of the entire reserve of fuel oil in the California region at the present time. All these things drive home, it seems to me, the very great importance of realizing at the earliest practicable moment this vast undertaking of national conservation. There are many other points of which mention might be made, but I will not take up the time of the committee further. Mr. SWING. I will ask permission that the statement of the Geological Survey be made a part of the record. Mr. SIXNOTT. Without objection, that may be inserted in the record. We are very much obliged to you, Professor, for your very interesting and instruc- tive statement. (The statement of the Geological Survey is as follows:) THE OIL SUPPLY OF THE UNITED STATES ESTIMATES MADE BY THE COUNTRY'S FOREMOST OIL GEOLOGISTS. A review of the producing, probable, and possible oil-bearing regions in the United States by a joint committee composed of members of the American Association of Petroleum Geologists and of the United States Geological Survey has resulted in an inventory estimate that 9,000,000,000 barrels of oil recoverable 'by methods now in use remained in the ground in this country January 1. H)22. Unlike our reserves of coal, iron, and copper, which are so large that apprehension of their early exhaustion is not justified, the oil reserves of the country, as the public has frequently been warned, appear adequate to .supply the demand for only a limited number of years. The annual production of the country is now almost half a billion barrels, but the annual consumption, already well beyond the half billion mark, is still growing. Tor some years we have had to import oil, and with the growth in de- mand, our dependence on foreign oil has become steadily greater, in spite of our own increase in output. It is therefore evident that the people of the United States should be informed as fully as possible as to the reserves now left in this country, for without such information we can not appraise our probable dependence upon foreign supplies of oil, on the expanding use of which so much of modern civilization depends. Fortunately estimates of our oil reserves can be made with far greater completeness and accuracy than ever before. During the last eight years a large part of the territory in the United States that may possibly contain oil has been studied in great detail by oil ge-i!ii,';-is: wildcatting has spread through "prospective" into many regions of "possible" and locally even into regions of "impossible" territory; old fields have DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 71 been definitely outlined and new ones discovered; and finally, improvement in methods and special training in the calculation of oil reserves and of the depletion of oil properties have been developed to meet the requirements of the tax laws. Ac- cordingly, in order that the public may get the fullest benefit of this newly available information, the United States Geological Survey in March, 1921, invited the American Association of Petroleum Geologists to cooperate with it in a review of the producing, probable, and possible oil territory of the United States and in the compilation of an estimate of the petroleum remaining in the ground and recoverable by present methods. This invitation was promptly accepted by the association, which designated a number of its ablest members of well-known wide experience, good judgment, and high pro- fessional standing to serve with the oil geologists of the survey as members of a joint committee. The committee responsible for the original preparation of the estimates and finally for the adjustment and revision of the results in joint conference comprised F. W. DeWolf, State geologist of Illinois: W. E. \V rather, of Dallas, Tex. ; Roswell H. Johnson, of Pittsburgh, Pa.: Wallace A. Pratt, of Houston, Tex.; Alexander W. McCoy, of Bartlesville, Okla.; Carl H. Beal, of San Francisco, Calif.: C. T. Lupton, of Denver, Colo.; Alexander Deussen, of Houston, Tex.: K. C. Heald, of Washington, D. C.; and G. C. Matson, of Tulsa, Okla., all representing the American Association of Petroleum Geologists: and, for the Federal Survey, David White, chief geologist, chairman: W. T. Thorn, jr., A. E. Fath, Kirtly F. Mather, R. C. Moore, State geologist of Kansas, and K. C. Heald. Mr. Heald represented both the survey and the asso- ciation. These men were assisted in subcommittees by a large number of the leading oil geologists of the'country, including oil-company geologists, directors of State geo- logical surveys, and consulting geologists, who were especially familiar with the regions considered. All these cooperated whole-heartedly in the canvas of our oil reserves, and many oil companies also furnished confidential data for use in the preparation of estimates. The calculations of the oil reserves in the proved and discovered fields are reasonably reliable, and those for regions regarded by the geologists as embracing "probable" future oil fields are based on all the available data and are entitled to high respect, but the committee wishes it most clearly understood that the estimates of oil in "possible" territory are absolutely speculative and hazardous and that, although they represent the best judgment of the geologists, they nevertheless may be, at least in part, wildly erroneous. The questions involved are not only how much a particular doubtful region will yield, but whether it will furnish any oil whatever. On the whole the estimates are undoubtedly the best that have ever been made for the United States and better than have hitherto been prepared for any oil country or district of the world . The estimates for local areas, fields, or districts have been consolidated by States, groups of States, or broad regions in the case of nonproductive States. Estimated oil reserves of the United States, by States or regions. Barrels. New York 100, 000, 000 Pennsylvania 260, 000, 000 West Virginia 200, 000, 000 Ohio 190, 000, 000 Indiana and Michigan 70, 000, 000 Illinois 440, 000, 000 Kentucky, Tennessee, northern Alabama, and northeastern Mis- sissippi 175, 000, 000 Missouri, Iowa, North Dakota, Wisconsin, and Minnesota 40, 000, 000 Kansas 425, 000, 000 Oklahoma 1, 340, 000, 000 Northern Louisiana and Arkansas 525, 000, 000 Texas, except Gulf coast (i70, 000, 000 Gulf coast, Texas, and Louisiana 2, 100, 000, 000 Colorado, New Mexico, and Arizona 50, 000, 000 Wyoming 525, 000, 000 Montana, Nebraska, and South Dakota 100. ()0<). 000 Utah, Nevada, Oregon, Washington, and Idaho 80, 000, 000 California 1, 850, 000, 000 Eastern Gulf, Coastal Plain, and Atlantic Coast States 10, 000, 000 Total 9, 150, 000, 000 72 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. The New England States are regarded as top unpromising to deserve considera- tion. Most of the northern peninsula of Michigan and the State of Minnesota are placed in the same category. The small quantities allocated to some other States indicate how little hope these geologists have of finding extensive oil fields in them. Some of these very doubtful regions will give no oil, but others will make good the deficiencies. The estimates are as a whole distinctlv conservative. Of the total estimated oil reserves of the United States, amounting in round num- bers to 9,000,000,000 barrels, 5,000,000,000 barrels may be classified as oil in sight and 4,000,000,000 barrels as prospective and possible. Rather more than 4,000,000,000 barrels should be assigned to the heavy-oil group. These oils will be recovered mainly in the Pacific Coast, Rocky Mountain, and Gulf States. The contents of the Lima-Indiana region, which yields oil of a distinctive type, are estimated at 40,000,000 barrels. In general, the so-called paraffin oils of moderate and high grade, as contrasted with the heavier oils, amount in all to about 5,000,000,000 barrels. The estimated reserves of high-grade oils of the Appalachian States are about 725,000,000 barrels. The estimated reserves are enough to satisfy the present requirements of the United States for only 20 years, if the oil could be taken out of the ground as fast as it is wanted . Should these estimates fall even so much as 2.000.000,000 barrels short of the actual recovery, that error of 22 per cent would be equivalent to but four years' supply, a relatively short extension of life. However, the committee expressly decries the too frequent assumption that inasmuch as the estimated reserves appear to be sufficient to meet the needs of the country at the present rate of consumption for 20 years, therefore the reserves will be exhausted at the end of that time or, at most, a few years later. This assumption is absolutely misleading, for the oil pools will not all be found that length of time, drilling will be spread over many years., as the pools are found, and the wells can not be pumped dry so quickly. Individual wells will yield oil for more than a quarter of a century and some of the wells will not have been drilled in 1950. In short, the oil can not all be discovered, much less taken from the earth, in 20 years. The United States is already absolutelv dependent on foreign countries to eke out her own production, and if the foreign oil can be procured, this dependence is sure to grow greater and greater as our own fields wane, except as artificial patroleum may be produced by the distillation of oil shales and coals, or some substitute for petroleum may be discovered. All the estimates except those for one region, noted below, include only the oil recoverable from the ground by present methods, but it is practically certain that the percentage of oil to be recovered from the American oil fields will be vastly increased by the application of new and improved methods of recovery. At present, however, this phase of production may be regarded as in the experimental stage. Little has benn definitely determined as to the applicability of "air pressure," "water drive," "gas pressure," "vacuum extraction," and other new methods to different regions, with their variation in conditions, or to the increase in production to be counted on from the use of these methods. The committee therefore feels that at present any estimates of such possible additional recoveries would probably contain errors enormously greater than those inherent in the estimates made on the basis of methods now in use. In only one region are the geologic conditions so well known and the experience with improved methods on a commercial basis so extensive and so long continued as to justify the formulation of estimates based on the results obtained. This is the region in north- western Pennsylvania and southwestern New York where the "water drive" is now employed to obtain oil from the Bradford sand, which was supposed to be largely ex- hausted. Under the peculiar conditions there the use of this method will result in the recovery of a large quantity of oil that can not be recovered by ordinary methods of production. Allowance for the additional oil thus recovered has therefore been made in the estimates. It has already been found, however, that this method is not appli- cable to some other districts, and accordingly no allowance has been made for possible additional recovery through its use where its suitability to the local conditions has not been actually demonstrated. In the light of these estimates as to the extent of our supplies of natural petroleum, the joint committee points out the stern obligation of the citizen, the producer, and the Government to give most serious study to the more complete extraction of the oil from the ground, as well as to the avoidance of waste, either through direct losses or through misuse of crude oil or its products. (Thereupon the committee adjourned to meet to-morrow. Thursday, June 22, 1922, at 10.30 o'clock.) X PROTECTION AND DEVELOPMENT OF LOWER COLORADO RIVER BASIN HEARINGS BEFORE THE SIXTY-SEVENTH CONGRESS SECOND SESSION / ON H. R. 11449 By Mr. SWING A BILL TO PROVIDE FOR THE PROTECTION AND DEVELOPMENT OF THE LOWER COLORADO RIVER BASIN PART 3 JUNE 22, 23, 24, 1922 WASHINGTON GOVERNMENT PRINTING OFFICE 131(i 1922 COMMITTEE ON IRRIGATION OF ARID LANDS. HOUSE OF REPRESENTATIVES. SIXTY-SEVENTH CONGRESS, SECOND SESSION. MOSES P. KINKAID, Nebraska, Chairman. NICHOLAS J. SINNOTT, Oregon. CARL HAYDEN, Arizona. EDWARD C. LITTLE, Kansas. C. B. HUDSPETH, Texas. ADDISON T. SMITH, Idaho. JOHN E. RAKER, California. JOHN W. SUMMERS, Washington. HOMER L. LYON, North Carolina. HENRY E. B ARBOUR, California. WILLIAM B. BANKHEAD, Alabama. E. O. LEATHERWOOD, Utah. WILLIAM WILLIAMSON, South Dakota. SAMUEL S. ARENTZ, Nevada. MANUEL HERRICK, Oklahoma. A. R. HUMPHREY, Clerk. PROTECTION AND DEVELOPMENT OF LOWER COLORADO RIVER BASIN, COMMITEE ON IRRIGATION OF ARID LANDS, HOUSE OF REPRESENTATIVES, Thursday, June 22, 1922. The committee met at 10.30 o'clock a. m., Hon. Edward C. Little presiding. Mr. LITTLE. Gentlemen, the committee will please come to order. I under- stand that Mr. Bacon is to speak first this morning. Mr. RAKER. Before you proceed with that, Mr. Chairman, there has been so much said about the decision of the Supreme Court of the United States in the case of the State of Wyoming versus the State of Colorado, the Greeley-Poudre irrigation district, and the Laramie-Poudre Reservoirs & Irrigation Co., that I would ask that the decision in that case, No. 3. original. October term, 1921, 'be printed in the record, so as to have it at the beginning here. fc Mr. LITTLE. Is there any objection? If not, that will be done. Mr. RAKER. I have the decision here. Mr. LITTLE. Might I suggest. Judge, that probably you do not want to put it all in? You might designate the parts that you wish to insert. Mr. RAKER. No ; there is nothing that you can leave out in reading it. The decision referred to by consent of the committee is to be printed follow- ing the statement of Director Davis. Mr. LITTLE. Now, Mr. Bacon, will you address the committee? Please state your name, residence, and sufficient of your antecedents to shed light upon the reason for your appearance here. STATEMENT OF MB. JOHN L. BACON, MAYOR OF SAN DIEGO, CALIF. Mr. BACON. My name is John L. Bacon, mayor of the city of San Diego, and representing the Southern Branch of the California League of Municipalities. Some time ago the matter of Boulder Canyon was brought to the attention of the organization in California which represents all of the municipalities of the State of California that is, the League of California Municipalities. We had not realized the gravity of the situation and knew very little about it. This matter was brought up about a year ago. Some information was given at that meeting and later a meeting was called of the southern branch of this organiza- tion, known as the Southern Branch of the California League of Municipalities, and action was taken at that meeting to get further information and to see what could be done to relieve this serious situation in the Imperial Valley. We went into it at some length, and about that time various Government reports were coming in ; various investigations had been made and Mr. Swing introduced his bill before the House which you are now considering. When it was known that this bill was coming up the organization got further information and then requested that some representative be sent on to Washing- ton to lay this information before the committee. The one thing that appeals to us most strongly is the imminent danger of flood in the Imperial Valley. We did not even realize it out there until we com- menced to investigate. You see, California is a State of magnificent distances, and we do not always realize our neighbor's difficulties. Before coming out here I took a trip down into Mexico on this project to be sure that I had the facts. There was some feeling of apprehension before, and after going down there there was a feeling of actual terror in connection with it. It is pretty hard to point out I did not realize it, and I realize that it is infinitely harder to give any idea here of the awful danger that threatens that valley. To go back a little ways, this map here I think will show more clearly than anything else the situation. There is a peculiar condition existing here that I 73 74 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. do not think exists anywhere else in this country. It was not very long since that the ocean beach line followed this line up around through here [indicating map of Imperial Valley and vicinity] and came up through here. This was all ocean. When I say " not very long since." I am speaking from a geological standpoint. That was only a few hundred years. Imperial Valley was all under water at that time. This was part of the ocean [indicating Imperial Valley and vicinity]. The Colorado River, coming down here [indicating], as it follows down its channel brings more or less silt with it dirt. There is not a man here but what has watched perhaps these little spring freshets that come in every part of the country, where a groove or a gulley will be washed down the side of the hill, and then when you reach your lowland at the bottom, where it is flat, the dirt that has been brought down from that gulley will spread out and form sort of a little triangular mound. The dirt washing down the side hills makes this mound and builds up the lowland. You have probably seen some lowlands built up 3 or 4 feet. That is exactly what took place here. The mud which came down this river built up a sort of a delta here until gradually it built up a mound out here [indicating], and the river was diverted and came out through here where these dotted Tnes are [indicating]. This water then evaporated and left a great deep basin 300 feet below sea level, and there is no way to drain it; it is simply a basin there down below the level of the ocean. Now, in the course of time this river repeated its process, and instead of filling up over in here [indicating], it has filled up this portion, with the result that the river n*>w is attempting to break back into irs old basin [indicating]. It did break through in 1905. and it took a year and a half to stop the break. In the meantime the Saitoh Sea was gradually filling up. S'nce that date this whole delta has filled up about 13 feet. You can get some idea of the amount of mud brought down that river when from a rough calculation it is found that that mud. if dumped on the District of Columbia, would raise the level of the land in the District of Columbia about 3 feet every year. In other words, there is enough mud ; n that river to put a layer of mud 3 feet deep over the entire District of Columbia every year. Now. here is the situation : A series of levees were put in here in an effort to control the river. Each year the river has brought down this mud and built up the delta on the river side of the levee. It is getting higher and higher all the time. We checked that up last week. Mr. Swing telegraphed back to get the actual elevation, and we found that since 1908 the point right there at Volcano Lake levee [indicating] has risen 16 feet higher than it was. That river bed has raised 16 feet since 1908. This point is about 35 feet lower than the point right here at Bee River and Pascadero Cut where the river is now [indicating]. Mr. LITTLE. Will you say that again, please? Mr. BACON. About the elevation? Mr. LITTLE. Yes, sir. Mr. BACON. This map to-day is not correct, because the land is changing so fast. It may be correct to-day, and this i< as dose an approach to correctness as we can get. That just shows you how the river changes. Mr. LITTLE. In what way is it not correct? Mr. BACON. Because the river bed is constantly changing. A tree may come down there, lodge against the side of the levee, and the current may scour out and break the levee, simply from a tree coming down. That could happen in half an hour, and has happened in half an hour. Here is a map gotten out by the United States Geological Survey in 1908. It is not quite the same scale as that map is [indicating], but you can see what that is, as shown on the map here. Now, that map was correct in 1908. To-day all of this land down in here has been filled up. with the result that that river has been forced, as you can see. off to the left toward Imperial Valley. This year an effort was made to control the river and force it through here at Pascadero Cut. It was successful, but from an engineering standpoint I can not see how it can last over three or four years. It is a race against time to keep the river out of that valley. If it ever breaks in, I don't see how they can ever stop it. When the river broke here in 1905, it washed a great deep u r ull\ . starting here at Salton Sea. and gradually it is. working back across the border into Mexico beyond Calexico way up to this point. Now. that gully only has about 35 miles farther to go to hit the river this time. That time it cut over 40 miles. Once it cuts that gully, they tell us it will scour right back up here and probably take out the Yuma Bridge, part of the town of Yuma, DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 75 and will work back pretty well up toward Laguna Dam. Laguna Dam is built on bed rock, so it can not scour out. It will probably be a century and a half before any of tbat valley can ever be used again if that happens. It will not fill up over night, but it will fill up in a series of years. You can not stop the river once it breaks through. Mr. RAKER. Now, take Volcano Lake and the dam from the western point. From where the dam begins what is the elevation of that as compared with the Gulf of Mexico? Mr. BACON. To-day this land [indicating] is 40 feet above sea level. This is about 250 feet above sea level. Mr. RAKER. But I just wanted to get before the committee the relative eleva- tion along Volcano Lake, where the embankment is, and the Gulf of Mexico. You say it is about 40 feet elevation? Mr. BACON. About 40 feet. This is 40 feet above sea level right at that point there [indicating]. It is 76 feet above sea level at this point here at the Vol- cano Lake levee, and the top of this levee is 28 feet below the water level at Pasoadero Cut and the Bee River. Mr. RAKEK. Please designate that levee so that we can refer to it later in the record. Mr. BACON. The Volcano Lake levee? Mr. RAKEK. That commences from the west, or on the west, near by the rail- road and runs on across to the point how is it marked there? Mr. BACON. Black Butte. Mr. RAKER, About what is the size of Volcano Lake now? Mr. BACON. I do not know. I do not want to give you that information, because I do not have it correct, and Mr. Nickerson can give you that far more accurately than I can. Now. in order that you might have some idea of the magnitude of this I took some photographs down there. These photographs are less than a month old, so that they are fresh. They will give you an idea of the condition. This was taken right up there at the point marked Bee River and shows the levee at that particular point. Here is another photograph, which show T s it a little more clearly, and a third photograph shows the intake to the canal. Now. just to show some of the difficulties that the Imperial Valley people are meeting with I want to say in explanation that as far as San Diego and some of the cities are concerned we have very little to gain or very little to lose in connection with this, excepting as Imperial Valley gains or loses. That is the feeling in San Diego, but we feel that the situation there is so serious that it is our neighbors problem, and we are trying to do everything we can to help them solve it. Mr. RAKER. Do you not go farther than that? You have got a wonderful valley, producing almost everything on earth, with a wonderful State boulevard, a highway across the mountains, and also a railroad. All those things are concerned. Mr. BACON. Yes ; but we consider that the seriousness of our neighbor's posi- tion there the serious difficulty that faces them is the thing we are really worried about. If that river should break, it would wipe out the Southern Pacific Railroad down here, take out the canal system, and flood the valley; it would take out the Southern Pacific Railroad up through here along the Salton Sea [indicating] : it would wipe out that region there absolutely. Mr. I'ARKori:. About how large is that region you have just referred to that would be practically destroyed? Mr. BACON. It would destroy over half a million acres of as fertile land as there is in this country. .Mr. SMITH of Idaho. Do you know the population there and the assessed valuation of the property that is in jeopardy? Mr. BACOX. The assessed value of the property is between seventy-live and one hundred million dollars, and the population between 50,000 and 75,000. Air. RAKER. That is all on the California side? Air. BACON. Yes, sir. Mr. RAKER. How much is there on the Mexican side? Air. BACON. I do not know. Mr. RAKER. Now. I am not at all squeamish on this matter. I think you people ought to be open and aboveboard and give us the entire territory involved and how much it affects, not only as to ourselves, but the other fellows. 76 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. because you people are dividing that water now, and while we are for the United States I believe that it is the proper thing to plan out the whole question involved relative to what we are working on, and I hope you will not just leave out the other fellow's interests, because the whole railroad to Yuma until it gets across the California line is involved also, is it not? Mr. BACON. Yes, sir. Mr. RAKER. And we ought to see the whole picture at once, ought we not? Mr. BACON. Yes, sir. Mr. BARBOTTB. How would you determine the assessed valuation of land in Mexico? Mr. BACON. I would not determine it, because I do not have the information. I am not trying to withhold any figures, but I do not have them. Mr. SMITH of Idaho. Can you give the area under cultivation and the num- ber of people on the farms? Mr. RAKER. I did not mean the assessed valuation. The only thing I was asking or speaking of was that this not only involves the railroad which brings traffic from the East, from this great valley on into San Diego. Los Angeles, and the West generally, but there are a great many interests and people South that are now using part of that water. Mr. NICKERSON. I can not answer that question, Mr. Chairman. Mr. LITTLE. As Mr. Nickerson is to speak later, I believe, he can state it then. Mr. HAYDEN. That data, I might say, is all included in the Davis report. Mr. BACON. Yes ; on page 20 you will find that matter laid out. It would mean simply quoting figures from the map if I gave them to you. Mr. RAKER, Well, it does not matter. Mr. LITTLE. Will you please mark these figures before you go, so that we will know just what they are? Mr. BACON. Yes, sir. Mr. LITTLE. What is your profession. Mr. Bacon? Mr. BACON. Engineeer. Mr. LITTLE. Civil engineer? Mr. BACON. No, sir; I have had general engineering practice largely on construction work out in California, but I would not want to pose as an expert in connection with this matter, because this is a specialized branch of engineering that you have had expert advice on already from your Recla- mation Department. Our feeling is just this in connection with this project: We realize the danger ; we are in actual fear, almost terror, in connection with it. We do not want to even suggest how it should be corrected. We believe that the Government departments have investigated and determined how the dangers there in that valley can be righted, and we are simply ac- cepting the Government reports and say that we indorse them in every way. In connection with this, this matter has been taken up and there has not been one single dissenting voice among the California cities so far as I know. The widest publicity that we can give in a short time has been given to it, and I have original indorsements and resolutions that have been passed by some 20 cities in California, adopted since the 1st of May. in support of the pro- position. I want to say a little further that we have not always been unani- mous in our opinions out there. We have had our local disputes. There has been a little jealously sometimes between the cities, but in this particular in- stance all of that end of California is working solidly together. Mr. RAKER. What is the attitude of the railroad company relative to this project, so far as it affects their property, do you know? Mr. BACON. They are anxious to see it go through, so far as I know. I know very little except just general hearsay. I believe these is a feeling of anxiety on their part. Mr. RAKER. What is the attitude of the Californians who own the Mexican land, land on the Mexican border? Do you know? Mr. BACON. I do not know. It would simply be hearsay, anything that I could say. Mr. Xickerson can give you exact figures in connection with that. Mr. RAKER. Very well. Mr. BACON. I do not want to give you figures that I am just guessing at. Mr. LITTLE. How much time have you spent recently in Imperial Valley and in this adjacent country? Mr. BACON. This last time? Mr. LITTLE. Yes. DEVELOPMENT OF LOWER COLORADO RIVER BASIST. 77 Mr. BACON. This last trip I was only down there three days. I have been there going to and from the Imperial Valley, I presume, for six or eight years. I own a little property over there, but not tery much. Mr. RAKER. Just tell us. if you can, how the expense of the new diversion dam is allocated between those various parties, in a rough way. Part of the water is used in California, part is used across the Mexican border, and the railroad company has its property there. Do you know offhand what that division is? Mr. BACON. All I can do is to give you the information I got from their engineers. The engineers told me that all of the protective work here, every cent that is spent on these levees, every cent that is spent in protecting this property, and every cent that is spent in keeping the river out, is paid for by the land in Imperial Valley on the American side of the border; that the Mexican lands bear no share whatever in this protective work. Mr. BARBOUB. And all of that protective work that you refer to lies in Mexico? Mr. BACON. It all lies in Mexico. They told me that last year here is a very interesting thing that shows you some of the difficulties they are working under they told me that last year they spent approximately $60.000 in duties which were paid to the Mexican Government on material which went down into Mexico and was used on Mexican soil to protect this land ; that over half a million dollars was spent on this protective work, and that the $60,000 had to be paid in duties. Mr. RAKER. That tract of land lying north and west of this embankment is on the Mexican side, and the necessity for its protection is the same as that on the California side? Mr. BACON. Yes. sir. Mr. RAKER. And you say those people in Mexico have paid nothing towards the $60.000 that you have been talking about? Mr. BACON. It is more than $60,000; $60,000 was simply the duty. About a half million dollars was spent on the work and they have not paid one cent for this. Mr. RAKER. They made these people pay a duty, and then they paid nothing for putting the work in? Mr. BACON. Yes, sir. Here is another example : There was a minor break in the levee, which it was very necessary to close. Men were sent down there hurriedly ; supplies were sent down ; a train was made up carrying emergency supplies for these men and carrying additional men, and through the officious- iiess of some under-official in Mexico that train was held up for 11 hours at the boundary line until word could be gotten to the higher Mexican officials to release the train and allow it to go down into Mexico. That is just one of the difficulties that is met with in that connection. Mr. RAKER. I may seem a little peculiar in my questions, but I think all of these matters throw light on why you people are figuring for the ail-American canal. Mr. LITTLE. Do you favor this all-American canal project? Mr. BACON. Yes, sir ; it does not seem right that the American farmers here in this district should be at the mercy of the Mexican Government, which is here to-day and gone to-morrow. The Mexican Government changes almost as often as the river does. Mr. LITTLE. Are there any more questions to ask of Mr. Bacon? Mr. SMITH of Idaho. Has the question been discussed among the people in southern California as to the advisability of negoti.-iting with the Government of Mexico for the transfer of that section to the United States? Mr. BACON. I do not think anything could be done by the Federal Govern- ment that would be hailed with greater joy than the acquiring of that land down in Lower California by this Government. Mr. SMITH of Idaho. Might it not be a good idea for the people interested to initiate a proposition of that kind and have it presented to the Secretary of State? Mr. SWING. Let me observe that the legislature of the State of California memorialized Congress to purchase that land several years ago, but nothing has been done and nothing can be done, because the constitution of Mexico prohibits the alienation of any territory of Mexico. Mr. RAKER. Let me ask you just a couple of questions. You have some in- terest in Imperial Valley and I suppose you have met their chambers of com- merce and landowners and prospective landowners. This all-American canal is estimated to cost about $30,000,000. 78 DEVELOPMENT OF LOWER COLORADO RIVER BASIX. Mr. BACON. Yes, sir. Mr. RAKER. It is the view of your people that you are ready and willing to reimburse the Government if intrusted construction to reimburse the Govern- ment for the money expended in building this all-American canal? Mr. BACON. That is my understanding. Mr. RAKKR. With a reasonable rate of interest? Mr. BACON. I have not been actively enough connected with affairs down in the valley to be sure about that. Mr. RAKER. Who is ready to present those facts to the committee? Mr. BACON. Mr. Nickerson can give you all those facts. I do not want to duplicate what he will say. He is president of the Imperial irrigation district and is thoroughly conversant with the valley. He is one of the pioneers of the valley and understands absolutely the entire problem from start to finish. Mr. BARBOUR. Mr. Bacon, would the city of San Diego be directly interested in this power development as a prospective purchaser of a portion of the power? Mr. BACON. I think not only the city of San Diego but every city in Cali- fornia that could possibly come in under this project would be glad to get all the power it can. Mr. BARBOUR. Can you, as mayor, now give us any definite assurance that the city of San Diego will purchase part of the power and pay a reasonable price for it? Mr. BACON. No; not absolute assurance, outside of a guess as to what would be done, because, as you understand, it would mean a bond issue, and until the bond issue was carried you are not sure of anything. But I will say we are as sure of that as we are of anything that is to take place in the future in connection with the municipality. Mr. BARBOUR. But it is your opinion that they will take a certain amount of that power and will be willing to pay a reasonable price for it? Mr. BACON. Yes. sir. Mr. BARBOUR. That is a question, of course, that we will have to meet, as to what will become of this power and whether there will be really a market for it sufficient to enable the Government to reimburse itself for this cost of con- struction. Mr. SMITH of Idaho. Does the city of San Diego own its own power plant now. or does it purchase from private concerns? Mr. BACON. We own our water plant. We have our own water system, but we do not own a power plant. But I think when it came to the qxiestion of the distribution of power the difficulty would not be to dispose of the power; the difficulty would be in allocating the power among the people who will want it. There is just one other thing I would like to submit in connection with this. Just as I was leaving my office to come East, the May 1 issue of the Journal of Electricity and Western Industry was dropped on my desk, and in it I find an article by Mr. C. E. Grunsky, who was one of the engineers that had to do with the building of the Panama Canal, containing an airplane photograph of this district, which probably will show more graphically than anything else just what those conditions are. This photograph carries this caption : " The major argument for immediate action on the Colorado." This shows the sec- tion immediately south and east of the Volcano Lake Levee and will fit on the map just about like that [indicating], with the upper left-hand corner of the picture fitting against the Volcano Lake Levee. That shows how the river comes down there and breaks out when it hits this heavily underbrushed sec- tion down here [indicating], and then after spreading out and dropping its silt, it comes back and gathers into more or less of a stream and goes down into the ocean. This whole section here is just building up [indicating]. It is interesting as showing about how that river looks ; it looks like a great big devilfish reaching out for something, and I think that just about describes the condition of the river, it is a great big devilfish reaching out over into the valley and trying every way to get there. Mr. SMITH of Idaho. Could that be reproduced for the record. I wonder? Mr. BACON. If you see fit. Mr. BARBOUR. Those resolutions that you said you had, do you want to intro- duce those in the record? Mr. BACON. I should like to ; yes. I have the original copies here. Mr. RAKER. For 40 or 50 years before there was any development of the Imperial Valley, and when the railroad was built down through the Imperial Valley on the west side, where the Salton Sea is now, there was no water run- DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 79 ning in there and no one was making any pretense of keeping the water out. What brought about the change? Mr. BACON. Simply this: There was a pretty well denned delta built up there with the river running along this eastern edge. Now the silt kept coming down. There is a high line of hills here, a mesa [indicating]. That silt gradu- ally tilled up this marshy land at the mouth of the river, and the river gradually came back here. Each year that added quantity of silt filled that up until the delta was raised to such a point that the river started breaking off in this direc- tion toward the valley. Now this was down in Mexico. If you have ever been over in that country you know you know it dosn't look as though there ever could have been a drop of water in it. Naturally there was no apprehen- sion felt at all by the railroad people when they built that railroad, but within the last few years there has been great apprehension. The change has been taking place so gradually that nobody noticed it. but now it is getting up to the danger point. Probably in prehistoric times it was 100 feet deep there, but the silt gradually filled up this whole delta. You have exactly the same situation on the Delta of the Nile and the Delta of the Mississippi. It forms a cone pretty well defined by these little branches of the river [indicating], and then it breaks on one side or the other of the cone and keeps breaking, and each year the silt adds that much more mud to the river bed and it breaks again, and now it is attempting to break each time over toward the valley, be- cause all this land here has been filled up [indicating]. ' Mr. RAKER. Then, none of the works that have been put in the river in an attempt to divert the water have had any effect relative to this water breaking over west and north? It just comes naturally? Mr. BACON. It just comes naturally. The works tend to keep it east try to force it east but the constant tendency of the river is to break over west. Every time it has broken it pushes its way farther toward the valley, until if that river had been left alone in 1908 it would to-day be flowing right down tlirouu'h here, down through the valley here [indicating]. There would be the course of the river and it would continue to flow there until this entire area was scoured out. Mr. HAKKK. Let me ask you this question. In the protection of the Imperial Valley, would we be doing this for American citizens? Mr. BACON. Yes, sir. I think it would be the greatest calamity of modern times for that river to break into that valley. Mr. RAKKR. I hope you got my question. I am asking you now if this develop- ment would be entirely for the benefit of American citizens? Mr. P>A>.\. Entirely? Mr. RAKER. Yes. Mr. BACON. No ; Mexico is bound to reap a little benefit from it. Mr. RAKER. Well, then, in California and in Imperial Valley, we would be doing this improvement and protecting the homes and farms of the American citizens? Mr. BACON. Yes, sir ; absolutely. Mr. SMITH of Idaho. Has any estimate been made of the length of time that it would take the Salton Sea basin to fill up if the entire river were deflected into it? Mr. BACON. Yes, sir; I have had an estimate made of that kind and checked it myself before I came out here. It would require approximately 15 years to fill up completely, and it would require approximately, if it filled up, prob- ably five or six years more to silt up here so that you would commence to get an evaporation process again. It would probably take 7. r > or 100 years to evaporate. It will continue to run into here until this is silled up again. You will have duplicated the process you had several hundred years ago and then it will break over on this side again, and it will just keep alternating back and forth through periods of 300 or 400 years. Mr. RAKER. I am always in favor of protecting any of our people. Is there anything in the statement that has been going around that Imperial Valley is practically being colonized by Japanese and .Mexicans? Mr. BACON. I do not think there is a thing in it. Now. here is probably what that statement is founded on : This section in here Mr. LITTLE (interposing). In Mexico? Mr. BACON. In Mexico. This section in here in Mexico [indicating] is being worked by foreign labor entirely and there is where the danger to the American farmer comes from. 80 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. Mr. LITTLE. Where is most of that land owned? Who owns it? Mr. BACON. I understand that a good share of that land is owned by a Los Angeles man, Mr. Harry Chandler. Mr. LITTLE. Owned by capitalists? Mr. BACON. Yes, sir. Mr. LITTLE. And they have the work done by Japanese largely? Mr. BACON. That is what I understand, by Japanese and Mexicans. Mr. RAKER. Is it or is it not a fact that in the last two or three years the Imperial Valley people have rented out their lands and have practically Japan- esed that entire valley? Mr. BACON. No, sir. Mr. SWING. There has been a law against it, Judge Raker. You know that. Mr. RAKER. I was asking about the facts, irrespective of the law. Mr. SWING. We are law-abiding citizens down there. Mr. BACON. There is a colonization scheme starting in here [indicating] for '.\-stTvice men, and I believe the only successful one in this country. Some of those men went in there and started from nothing and paid for the land in the last two or three years. Mr. LITTLE. Went in where? Mr. BACON. Right here, up near Brawley. Mr. LITTLE. That is the northern end of the Imperial Valley ? Mr. BACON. That is about the center. There were some 150 men in there at one time. I believe that there are 50 there now. That is a pretty good average, I think, to make. Mr. RAKER. Now, you have been in Imperial Valley, and you think I am safe in saying that the farmers there, during the last three years have not been and are not continuing there to practically leave the land and rent it to the Japanese? Mr. BACON. Oh, no. But here is where the farmers are awfully handicapped : No bank is lending money on land there on account of this flood menace. The Federal farm loan bank has refused to make, loans. They say that this danger is so great that they do not consider they are justified in making loans on that property. Mr. RAKER. So that handicaps you? Mr. BACON. Very much. They are working under an awful handicap. Mr. LITTLE. Are we to understand that by reason of this menace of the inflow of the Colorado River the farm loan banks decline to loan money to these farm- ers in the valley? Mr. BACON. Yes, sir. Mr. LITTLE. How long has that been the case? Mr. BACON. That was brought out at the hearing held before this committee about two years ago. Mr. LITTLE. It was brought out then, but how long has it been the case? Mr. BACON. I know it has been the case for two years ; how much longer I do not know. Mr. RAKEB. That would practically apply to private individuals loaning on ranches, too. would it not? Mr. BACON. Yes ; of course, when a bank refuses to loan, the private individual with little capital does not consider he is safe in loaning. Mr. RAKER. So you are handicapped in getting money enough to keep im- provements going, and you are handicapped with this danger always before you that this might destroy all you have? Mr. BACON. Yes, sir ; they are handicapped decidedly. Here is another pe- culiar phase of the situation : You have down here in Mexico land colonized by Japanese Mr. RAKER (interposing). Where? Mr. BACON. Below the line in Mexico. You have this area in here in Cali- fornia [indicating] populated by the American farmer. Mr. RAKER. That is in California? Mr. BACON. In California. Now the California American citizens are being assessed to-day about half a million dollars a year through their irrigation project. This money is sent down into Mexico and spent on levees which protect this Mexican land that is raising produce to compete with the American farmer on the American side of the line. You are penalizing the American farmer about $500,000 a year, which helps out this man in Mexico. Mr. RAKER. Then in addition to that, on the Mexican side just below Mexicali, you maintain a Monte Carlo to take the rest of his money. Mr. BACON. I would not say that was maintained for the American farmer. DEVELOPMENT OF LOWEE COLORADO RIVER BASIN. 81 Mr. RAKER. I did not say the American farmer; I said there is maintained. Mr. BACON. There is, I believe. I am not advised on that. Mr. RAKKR. I did not make such an assertation as to the American farmer. Mr. BARBOUR. I understood your question to Mayor Bacon to be that " you maintained "? Mr. RAKER. Did I say "you"? I should have said "There is maintained." Mr. LEATHERWOOD. Where is the produce that is raised in Mexican territory marketed ? Mr. BACON. In the United States largely. I would not be surprised- if some of the cantaloupes that you have been eating here in the last week have come from Mexican territory. Mr. LEATHERWOOD. Does the emergency tariff now in force have any effect upon that? Mr. BACON. I do not know. It certainly is not prohibitive, because I know I have seen great quantities of Mexican produce coming into American territory, and they evidently can stand the tariff and still sell their goods in this country. Mr. LITTLE. Are there any more questions to ask of Mr. Bacon? Mr. BARBOTTR. I was just going to ask unanimous consent, or to suggest, that the resolutions that Mayor Bacon has be incorporated in the record. Mr. LITTLE. If there is no objection, that will be done. (The papers referred to follow:) WASHINGTON, D. C., June 22, 1922. COMMITTEE ON IRRIGATION OF PUBLIC LANDS, House of Representatives. GENTLEMEN : In submitting the accompanying resolutions of various munici- pal, civic, and other organizations for your information, it would seem to be appropriate for me as president of the League of Southern California Munici- palities and chairman of called conventions of this and associated organizations to acquaint you with what I believe to be the unanimous sentiment of the people in southern California regarding the present bill known as H. R. 11449. together with a brief historical survey of the public movements leading up to such conclusions. HISTORICAL. Immediately after the publication of the Preliminary Report on the Problems of the Imperial Valley and Vicinity, the Director of the Reclamation Service, as required by act of Congress approved May 18. 1920. entitled. "An act to provide for the examination and report on conditions and possibilities of irri- gation development of the Imperial Valley in California." attention of the people of southern California became riveted upon the possibilities of a practical solution of the problem of the flood peril, which threatens the complete and permanent destruction of a large section of this State. The pressing necessity for additional electric power resources for the use of the Southwest by reason of its industrial, commercial, and agricultural growth immediately suggested to the people of southern California a possibility of practical financial cooperation on its part with other public agencies, such as a Federal Government and the States of Arizona and Nevada, in arriving at a solution of a problem otherwise locally impossible and nationally difficult of accomplishment. Somewhat spontaneously, therefore, a convention of the cities and districts of southern California was held at Pasadena, Calif., on July 22, 1921. This first meeting effected a permanent organization, known as the League of Southern California Municipalities. Members in attendance, representatives of all of the larger and most of the smaller communities, thereupon adopted resolutions urging action by Congress and the Federal Power Commission which would exclude private interests in the development of Boulder Canyon project and permit its immediate construction and control by the Federal Government. Other conventions were subsequently held, namely, at Ontario, Alhambra. and Santa Ana, and delegations presented the collective sentiment of the people of southern California to the convention of the League of the Southwest at Riverside and the official hearing called at San Diego by the honorable Secre- tary of the Interior. A. B. Fall. December last. Official representatives were present at Phoenix, Ariz., in March on the oc- casion of the hearing of the Colorado River Commission, Secretary of Com- merce, Hon. Herbert Hoover presiding. 82 DEVELOPMENT OF LOWER COLORADO RIVER BASIX. On no occasion has there been anything hut a unanimous and insistent demand for the principles expressed in H. K. 11449, bill now before the Committee on Irrigation of Arid Lands. H. K. 11449 INDORSED. After the introduction of the bill providing for the protection and develop- ment of the lower Colorado River Basin (H. R. 11449) a meeting of the League of Southern California Municipalities, in conjunction with irrigation and farm districts, was called by its president, John L. Bacon, mayor of Santa Diego, to consider the measure. At this meeting held at Santa Ana. Calif., on May 4, 1922, the aforesaid bill was carefully considered and unanimously indorsed by resolution attached hereto. A committee was appointed to take proper steps to apprise Congress of the sentiment in southern California in way of its speedy passage. Subsequently a large number of cities, districts, and other bodies indorsed this or passed appropriate resolutions, a number of which are likewise attached. STATEMENT OF LEAGUE OF SOUTHERN CALIFORNIA MUNICIPALITIES. Southern California, as represented by this organization, now desires to make the following statement of its position and understanding of H. R. 11449, authorizing the construction of the Boulder Canyon project. We understand that it is proposed that the Federal Government construct a dam on the lower reaches of the Colorado River, in Boulder Canyon, and develop, regulate, and control the flow of the river and prevent disastrous flood conditions as a part of the project. It is proposed to construct certain irrigation canals which will permit of the irrigation of large tracts of arid land as an incident to the construction of the dam. There will be created power rights. The cost of the dam project will be charged against these power rights which are to be fairly allocated to the States and districts. The cost of irrigation canals and works is to be charged against the land to be brought under irrigation. COLORADO RIVER LONG A PROBLEM. The Colorado River, with its tremendous watershed, has long been a terri- fying agent of destruction. The melting snow from the mountains through which it runs creates flood conditions of unmanageable proportions. At the same time its great flow of water and its rapid fall makes it a great poten- tiality for irrigation and power development. Being an interstate and international stream, no State and no private in- terest can be in a position either to control its floods or utilize its power and irrigation. It presents, therefore, a national problem solvable only by Federal initiative. WHY SOLUTION IS NOW POSSIBLE. Two circumstances have brought the matter of control and usage of the Colorado River to the front for action, and likewise permits a practical so- lution. The gradual deposit of silt along the lower reaches of the river continuing through years has served to increase the flood menace. If, while in flood, the river breaks its banks, the entire Imperial Valley, which is below sea level, will be flooded and destroyed. When the waters once find their way into the valley nothing but the evaporation by the heat of the sun through centuries of time can remove the water. While the Imperial Valley and various interests there have done everything in their power against floods, such measures are only temporary and may fail and result in disaster to Imperial Valley any year. The only thing we can do for this territory is the control of the flow of the river by storage, and this is possible only by Federal action. While this Hood peril has been thus growing more acute, the Southwest has been rapidly increasing in population and its resources commercial, industrial, and agricultural. The demand for power exceeds the available supply. Thus there has been created a market for the power which will be produced by a dam at Boulder Canyon, so that the financing of the project can be made- feasible. DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 83 In brief, the Imperial Valley needs protection from floods. The territory around the lower reaches of the Colorado River needs the power which will be created by the agencies which protect the valley from flood. Furthermore, as an incident to the protection of the Imperial Valley from Hood, water will be available for irrigation, and it will be possible to open thousands of acres of the public domain which are now arid and useless. H. R. 11449 gives to the ex-service men preferential right to this land. PLAN CAREFULLY WORKED OUT. Southern California appreciates that the plan of the Boulder Canyon project, as expressed in concrete form in the bill now before Congress, has been worked out by the Secretary of the Interior and the Reclamation Service after extensive investigation and as a result of many years and long discussions ; that it is a carefully balanced scheme ; that its consummation will not affect the rights or claims of those interested in the upper reaches of the river ; that the project will, within a reasonable time, finance itself; that the plan recognizes in a fair and reasonable way the powerful sentiment in the Nation against per- mitting this, perhaps the Nation's greatest resource in hydroelectric power, to pass into private hands ; that public agencies are given a preferential right to the power to be developed ; and that any power passing into private hands is subject to recapture within a reasonable time, the latter two provisions being an established national policy written into the Federal water power act. STRONG SUPPORT TO PROJECT. Southern California believes that so carefully has the honorable Secretary of the Interior and the Reclamation Service worked out its plan for this project, and so accurately has the public sentiment been gauged, that there is a feeling that the plan is sound in all its fundamental features. City after city in the Southwest as well as large agricultural organizations have indorsed it. Cham- bers of commerce and other civic bodies have expressed their approval. At least, as far as southern California is concerned, sentiment is unanimous. Respectfully submitted. JOHN L. BACON, Mayor San Diego, Calif., President League Southern California Municipalities. RESOLUTION No. 27690. Be it resolved. By the common council of the city of San Diego, Calif., as follows : That the following resolution adopted at Santa Ana, Calif., May 4, 1922, at a called convention of representatives of the southern section of the League of California Municipalities, of the farm bureaus and farm centers of southern California and of the Imperial irrigation districts, be, and the same is hereby, adopted as an expression of opinion of the common council of said city : " Whereas it is apparent to all persons acquainted with the facts that the gr^it Imperial Valley in California is annually in imminent danger of being overflowed and flooded by the Colorado River; that the menace of this river is increasing with the years; that its bed is filling and rising about 1 foot a year ; that its bottom is now several feet higher than it was when it broke into the valley several years ago and formed the Salton Sea ; that its levees must be built higher each year ; that the only available dirt for levee construc- tion is very poor material for the purpose ; that should the Colorado River break through the levees again its destruction would be immeasurable ; and that the havoc of its deluge would be great and appalling, because it would not only be immediately destructive but its evil effects would be permanent for the reason that its waters would not run off or subside, as in floods most everywhere else, but would gather in the basin of the valley, which is below sea level, as in the formation of the Salton Sea, and remain until the river again turns to another outlet and until the sunshine of centuries again lifts these waters by evaporation ; and " Whereas relief can be had from this portending catastrophe and the 50,000 people and the millions of dollars' worth of land and other property in this 84 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. valley can be made safe by the construction of flood-control dams in the river basin, and hundreds of thousands of acres of additional lands can be irrigated and immense amounts of hydroelectric power can be developed; and " Whereas House of Representatives bill No. 11449, ' To provide for the pro- tection and development of the lower Colorado River Basin,' introduced in the House- of Representatives by Congressman Phil Swing and in the Senate by Senator Hiram W. Johnson, is a measure looking to the early accomplish- ment of these purposes in the best and most practical manner : Now, therefore, be it "Resolved, By the joint convention of the representatives of the southern sec- tion of the League of California Municipalities, of the farm bureaus and farm centers of southern California and of the Imperial irrigation districts, duly assembled in the city of Santa Ana, Calif., on Thursday, the 4th day of May, 1922, pursuant to call and notice regularly made and given, that House of Representatives bill No. 11449, ' To provide for the protection and development of the lower Colorado River Basin,' be approved and indorsed ; that we urge upon the Committee on Irrigation of Arid Lands and upon the Congress the imperative necessity of an early report and passage of this bill, that the relief therein proposed may soon be given ; that we request the Senators and Con- gressmen from California to give their special attention to this measure and press its adoption." And be it further resolved, That this common council urges that all possible means be taken to expedite the passage of the bill mentioned in the above resolution ; and Be it further resolved, That a copy of this resolution be forwarded by the city clerk to each of the Representatives and Senators from the State of California. I hereby certify that the above and foregoing is a full, true, and correct copy of resolution No. 27690 of the common council of the city of San Diego, as adopted by said council May 15, 1922. [SEAL.] ALLEN H. WRIGHT, City Clerk of the City of San Diego, Calif. Los ANGELES, CALIF., June 7, 1922. R. L. CBISWKLL. Hotel Raleigh. Washington, D. C.: At a meeting of the city council held this day the following resolution was adopted : " Be it resolved, That the council of the city of Los Angeles strongly urges the passage of the companion bills pending in Congress, being Senate bill 3511 and House bill 11449, providing for the construction of the Boulder Canyon project on the Colorado River and of the all-American canal, connecting Im- perial and Coachella Valleys with Laguna Dam ; that the council regards these great projects as of vital importance to the welfare and development of the whole Southwest, and requests the Senators and Representatives from Califor- nia in the National Congress to employ their utmost efforts to bring about the adoption of such legislation ; that certified copies of this resolution be trans- mitted to Secretary Fall and Secretary Hoover and to our Senators and Mem- bers of Congress." ROBERT DOMINGXJEZ, City Clerk. RESOLUTION. Whereas it is apparent to all persons acquainted with the facts that the great Imperial Valley in California is annually in imminent danger of being overflowed and flooded by the Colorado River ; that the menace of this river is increasing with the years; that its bed is filling and rising about 1 foot a year; that its bottom is now several feet higher than it was when it broke into the valley several years ago and formed the Salton Sea; that its levees must be built higher each year; that the only available dirt for levee construction is very poor material for the purpose; that should the Colorado River break through the levees again its destruction would be immeasurable: and that the havoc of its deluge would be grent and appalling because it would not only be immediately destructive, but its evil effects would be permanent for the reason DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 85 that its; waters would not run off or subside, as in floods most everywhere else, but would gather in the basin of the valley, which is below sea level, as in the formation of the Salton Sea, and remain until the river again turns to another outlet and until the sunshine of centuries again lifts these waters by evapora- tion ; and, Whereas relief can be had from this portending catastrophe, and the 50,000 people and the millions of dollars worth of land and other property in th's valley can be nvade safe by the construction of flood-control dams in the river basin, and hundreds of thousands of acres of additional lands can be irrigated, and immense amounts of hydroelectric power can be developed; and, Whereas House of Representatives bill No. 11449, " To provide for the pro- tection and development of the lower Colorado River Basin." introduced in the House of Representatives by Congressman Phil Swing and in the Senate by Senator Hiram W. Johnson, is a measure looking to the early accomplishment of these purposes in the best and most practical manner: Now. therefore, be it Resolved. By the joint convention of the representatives of the southern section of the League of California Municipalities, of the farm bureaus and farm centers of southern California, and of the Imperial irrigation districts, duly assembled in the city of Santa Ana, Calif., on Thursday, the 4th day of May, 1922, pursuant to call and notice regularly made and given. That House of Representatives bill No. 11449. " To provide for the protection and development of the lower Colorado River Basin," be approved and indorsed ; that we urge upon the Committee on Irrigation of Arid Lands and upon the Congress the imperative necessity of an early report and passage of this bill that the relief therein proposed may soon be given ; that we request the Senators and Con- gressmen from California to give their special attention to this measure and press its adoption. Respectfully sumbitted. GEORGE L. HOODENPYL, J. S. NICKERSON, GBANT M. LORRAINE, Committee. I. Grant M. Lorraine, secretary of the joint convention of the representatives of the southern section of the League of California Municipalities, of the farm bureaus and farm centers of southern California, and of the Imperial irrigation d stricts. do hereby certify that the foregoing resolution was unanimously adopted by said joint convention on the 4th day of May, 1922, in Santa Ana, Calif., as appears in the minutes of said meeting. Dated, Alhambra, Calif., May 20, 1922. GRANT M. LORRAINK. Secretary. RESOLUTION. Whereas it is apparent to all persons acquainted with the facts that the great Imperial Valley in California is annually in imminent danger of being over- flowed and flooded by the Colorado River ; that the menace of this river is in- creasing with the years; that its bed is tilling and rising about 1 foot a year; that its bottom is now several feet higher than it was when it broke into the valley several years ago and formed the Salton Sea; that its levees must be built higher each year; that the only available dirt for levee construction is very poor material for the purpose; that should the Colorado River break through the levees again its destruction would be immeasureable: and that the havoc of its deluge would be great and appalling because it would not only be immediately destructive, but its evil effects would lie permanent for the reason that its waters would not run off or subside. as in flood most everywhere else, but would gather in the basin of the valley, which is below sea level, as in the formation of the Salton Sea, and remain until the r ; ver again turns to another outlet and until the sunshine of centuries again lifts these waters by evapora- tion ; and Whereas relief can be had from this portending catastrophe, and the 50,000 people and the millions of dollars worth of land and other property in this valley can be made safe by the construction of flood-control dams in the river basin ; and hundreds of thousands of acres of additional lands can be irrigated, and immense amounts of hydroelectric power can be developed ; and 86 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. Wliereas House of Representatives bill No. 1149, " To provide for the protec- tion and development of the lower Colorado River basin,' 1 introduced in the House of Representatives by Congressman Phil Swing and in the Senate by Senator Hiram W. Johnson, is a measure looking to the early accomplishment of these purposes in the best and most practical manner; now, therefore, be it Resolved, By the joint convention of the representatives of the southern section of the League of California Municipalities, of the farm bureaus and farm centers of the southern California and of the Imperial irrigation districts, duly assembled, in the city of Santa Ana, Calif., on Thursday, the 4th day of May, 1922, pursuant to call and notice regularly made and given; that House of Representatives bill No. 1149, " To provide for the protection and develop- ment of the lower Colorado River basin," be approved and indorsed ; that we urge upon the Committee on Irrigation of Arid Lands and upon the'Congress the imperative necessity of an early report and passage of this bill that the relief proposed may soon be given ; that we request the Senators and Congress- men from California to give their special attention to this measure and press its adoption. I, Otto H. Duelke, city clerk of the city of Inglewood, Calif., do hereliy certify that the foregoing resolution was unanimously adopted by the board of trustees of the city of Inglewood. Calif., on the 22d day of May, 1922, as appears in the minutes of said meeting. In witness whereof I have hereunto set my hand and the seal of the city of Inglewood, Calif., this 24th day of May, 1922. [SEAL.] OTTO H. DUELKE. City Clerk. RESOLUTION ADOPTED BY THE BOARD OF TRUSTEES OF THE CITY OF ORANGE, CALIF., MAY 19, 1922. Whereas to all persons acquainted with the facts that the great Imperial Valley in California is anually in imminent danger of being overflowed and flooded by the Colorado River; that the menace of this river is increasing with the years ; that its bed is filling and rising each year ; that its bottom is now several feet higher than it was when it broke into the valley several years ago and formed the Salton Sea ; that its levees must be built higher each year ; that the only available dirt for levee construction is very poor material for that purpose ; that should the Colorado River break through the levees again its destruction would be immeasurable ; and that the havoc of its deluge would be great and appalling, because it would not only be immediately destructive but its evil effects would be permanent, for the reason that its waters would not run off or subside, as in floods most everywhere else, but would gather in the basin of the valley, which is below sea level, as in the formation of the Salton Sea, and remain until the river again turns to another outlet and until the sunshine of centuries again lifts these waters by evaporation ; and Whereas relief can be had from this portending catastrophe and the 50,000 people and the millions of dollars' worth of land and other property in this valley can be made safe by the construction of flood-control dams in the river basin, and hundreds of thousands of acres of additional lands can be irrigated and immense amounts of hydroelectric power can be developed ; and Whereas House of Representatives bill No. 11449, " To provide for the protec- tion and development of the lower Colorado River Basin." introduced in the Senate by Senator Hiram W. Johnson and in the House of Representatives by Congressman Phil D. Swing, is a measure looking to the early accomplishment of these purposes in the best and most practical manner : Now. therefore, be it Resolved, by the board of trustees of the city of Orange, assembled this 19th day of May in regular adjourned session in the city of Orange, Calif., that the House of Representatives bill No. 11449, " To provide for the protection and development of the lower Colorado River basin." be approved and in- dorsed : that we urge upon the Committee on Irrigation of Arid Lands and upon the Congress the imperative necessity of an early report and passage of this bill, that the relief therein imposed may soon be given ; that we request the Senators and Congressmen from California to give their special attention to this measure and press its adoption. Introduced and adopted by the board of trustees of the city of Orange, May 19, 1922. O. E. GUNTHER. Preident of the Board of Trustees of the City of Orange. DEVELOPMENT OF LOWER COLORADO RIVER EASIEST. 87 I hereby certify that the foregoing resolution was duly and regularly intro- duced and passed by the board of trustees of the city of Orange at a regular adjourned meeting of .said board, held on the 19th day of May, 1922, by the following vote : Ayes. Trustees Ainsworth, Walton, Heniphill, Whit sell, and President Gunther : noes, trustees, jione ; absent, none. W. O. WHITE, City Clerk. RESOLUTION ADOPTED BY THE BOAKD OF TIJVSTEES OF THE CITY OF UPLAND, CALIF., AT A SPECIAL CALLED MEETING, MAY 19. 1922. Whereas it is apparent to all persons acquainted with the facts that the great Imperial Valley in California is annually in imminent danger of being over- flowed and flooded by the Colorado River; that the menace of this river is increasing with the years; that its bed is filling and rising about 1 foot a year; that its bottom is now several feet higher than it wns when it broke into the valley several years ago and formed the Salton Sea ; that its levees must be l>uilt higher each year; that the only available dirt for levee construction is \(>ry pror material for the purpose; that should the Colorado River break through the levees again its destruction would be immeasurable and that the havoc of its deluge would be great and appalling because it would not only be immediately destructive but its evil effect would be permanent for the reason that its waters would not run off cr subside, as in floods most everywhere else, but would gather in the basin of the valley, which is below sea level, as in the formation of the Salton Sea, and remain until the river again turns to an- other outlet and until the sunshine of centuries again lifts these waters by evaporation ; and Whereas relief can be had from this portending catastrophe, and the 50.000 people and the millions of dollars worth of land and other property in this valley can be made safe by the construction of flcod-control dams in the river basin and hundreds of thousands of acres of additional lands can be irrigated and immense amounts of hydroelectric power can be developed ; and Whereas House of Representatives bill No. 11449, " To provide for the pro- tection and development of the lower Colorado River Basin," introduced in the House of Representatives by Congressman Phil Swing and in the Senate by Senator Hiram W. Johnson, is a measure looking to the early accomplish- ment of these purposes in the best and most practical manner : Now, there- fore, be it Resolved, By the board of trustees of the city of Upland, at a special meeting held in the council chamber of the city of Upland, on Friday the 19th day of May, 1922, at 7.30 p. m., pursuant to call and notice regularly made and given, that the House of Representatives bill No. 11449 " To provide for the protection and development of the lower Colorado River Basin." be approved and indorsed. That we urge upon the Committee on Irrigation of Arid Land and upon the Congress the imperative necessity of an early report and passage of this bill that the relief therein proposed may soon be given. That we request the Senators and Congressmen from California to give their special attention to this measure and press its adoption. Approved. F. C. BUFFINGTON, President of the Board of Trustees, City of Upland. Attest : E. C. MEHL, City Clerk. I, E. C. Mehl, city clerk of the city of Upland, do hereby certify that the fore- going resolution was unanimously adopted by the board of trustees of the city of Upland, at a special called meeting held on the 19th day of May, 1922, as appears in the minutes of said meeting. E. C. MEHL, City Clerk. May 20, 1922. RESOLUTION No. 1262. Resolved, By the mayor and common council of the city of San Bernardino, Calif., in regular session duly assembled on the 22d day of May, 1922, that we unqualifiedly indorse House Bill No. 1149. now pending in Congress, providing for the protection and development of the lower Colorado River Basin, and urge that Congress pass said measure at as early a date as possible in order 131& 22 PT 3 2 88 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. that steps may be taken to protect the vast property interests endangered by the Colorado River ; and Be it further resolved, That a certified copy of this resolution ' be sent to G. M. Lorraine, secretary southern section League of California Municipalities, and also to Herbert Hoover, Secretary of the Interior, Washington, D. C. I hereby certify that the foregoing resolution was duly adopted by the mayor and common council of the city of San Bernardino at its regular meeting thereof held on the 22d day of May, 1922, by the following vote, to wit : Ayes : Pittman, Rogers, Rouse, Stromee, Adkins. Noes : None. Absent: None. [SEAL.] J. A. OSBORN, City Clerk. STATE OF CALIFORNIA, County of San Bernardino, City of San Bernardino, ss: I, J. H. Osborn, city clerk of the city of San Bernardino, do hereby certify that the foregoing resolution is a true and correct copy of resolution No. 1262, as appears on the records in my office. [SEAL.] J. H. OSBORN, City Clerk City of San Bernardino. RESOLUTION ADOPTED BY THE BOARD OF TRUSTEES or THE CITY OF SAN FERNANDO, MAY 22, 1922, RELATIVE TO THE CONTROL OF THE COLORADO RIVER. Whereas it is apparent to all persons acquainted with the facts that the great Imperial Valley in California is annually in imminent danger of being overflowed and flooded by the Colorado River; that the menace of this river is increasing with the years ; that its bed is filling and rising about 1 foot a year ; that its bottom is now several feet higher than it was when it broke into the valley several years ago and formed the Salton Sea ; that its levees must be built higher each year ; that the only available dirt for levee construction is very poor material for the purpose ; that should the Colorado River break through the levees again its destruction would be immeasurable ; and that the havoc of its deluge would be great and appaling because it would not only be im- mediately destructive but its evil effects would be permanent for the reason that its waters would not run off or subside as in floods most everywhere else but would gather in the basin of the valley, which is below sea level, as in the forma- tion of the Salton Sea, and remain until the river again turns to another outlet and until the sunshine of centuries again lifts these waters by evaporation; and Whereas relief can be had from this portending catastrophe, and the 50,000 people and the millions of dollars worth of land and other property in this valley can be made safe by the construction of flood-control dams in the river basin, and hundreds of thousands of acres of additional lands can be irrigated and im- mense amounts of hydroelectric power can be developed ; and Whereas House of Representatives bill No. 11449, " To provide for the protec- tion and development of the lower Colorado River Basin," introduced in the House of Representatives by Congressman Phil Swing and in the Senate by Senator Hiram W. Johnson, is a measure looking to the early accomplishment of these purposes in the best and most practical manner : Now, therefore, be it Resolved, By the board of trustees of the city of San Fernando, that House of Representatives bill No. 11449, " To provide for the protection and develop- ment of the lower Colorado River Basin," be approved and indorsed. That we urge upon the Committee on Irrigation of Arid Lands and upon the Congress the imperative necessity of an early report and passage of this bill that the relief therein proposed may soon be given. That we request the Senators and Congressmen from California to give their special attention to this measure and press its adoption. Respectfully submitted. F. D. PARKER, President Board of Trustees City of San Fernando. I, H. C. Caldwell, city clerk of the city of San Fernando do hereby certify that the foregoing resolution was unanimously adopted on the 22d day of May, * 1922, by the board of trustees of the city of San Fernando. H. C. CALDWELL, City Clerk of the City of San Fernando. SAN FERNANDO, CALIF., May 22, 1922. DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 89 i RESOLUTION No. 274, BY THE BOARD or TRUSTEES OF THE CITY OF FULLERTON, URGING THE PROTECTION AND DEVELOPMENT OF THE LOWER COLORADO RIVEK BASIN. The board of trustees of the city of Fullerton do resolve as follows : Whereas it is apparent to all persons acquainted with the facts that the great Imperial Valley in California is annually in imminent danger of being over- flowed and flooded by the Colorado River ; that the menace of this river is in- creasing with the years; that its bed is tilling and rising about 1 foot a year; that its bottom is now several feet higher than it was when it broke into the valley several years ago and formed the Salton Sea ; that its levees must be built higher each year ; that the only available dirt for levee construction is very poor material for the purpose ; that should the Colorado River break through the levees again its destruction would be immeasurable and that the havoc of its deluge would be great and appalling, because it would not only be imme- diately destructive, but its evil effects would be permanent, for the reason that its waters would not run off or subside, as in floods most everywhere else, but would gather in the basin of the valley, which is below sea level, as in the formation of the Salton Sea, and remain until the river again turns to another outlet and until the sunshine of centuries again lifts these waters by evapora- tion ; and Whereas relief can be had from this portending catastrophe, and the 50,000 people and the millions of dollars' worth of land and other property in this valley can be made safe by the construction of flood-control dams in the river basin and hundreds of thousands of acres of additional lands can be irrigated and immense amounts of hydroelectric power can be developed ; and Whereas House of Representatives bill No. 11449, " To provide for the protection and development of the lower Colorado River Basin," introduced in the House of Representatives by Congressman Phil Swing and in the Senate by Senator Hiram W. Johnson, is a measure looking to the early accomplishment of these purposes in the best and most practical manner : Now, therefore, be it Resolved, by the board of trustees of the city of Fullerton, Calif., that House of Representatives bill No. 11449, " To provide for the protection and develop- ment of the lower Colorado River Basin," be approved and indorsed. That we urge upon the Committee on Irrigation of Arid Lands and upon the Congress the imperative necessity of an early report and passage of this bill, that the relief therein proposed may soon be given. That we request the Senators and Congressmen from California to give their special attention to this measure and press its adoption. I hereby certify that the foregoing resolution was duly and regularly intro- duced and adopted by the board of trustees of the city of Fullerton at its regular meeting held on the 16th day of May, 1922, by the following vote : Ayes : Drake, Marsden, Davis, and Coulter. Noes: None. Absent : Moore. Attest : F. C. HEZMALHALCH, [SEAL.] City Clerk of the City of Fullerton. The foregoing resolution is hereby approved this 16th day of May, 1922. W. F. COULTER, President of the Board of Trustees of the City of Fullerton. I, F. C. Hezmalhalch, city clerk of the city of Fullerton, do hereby certify that the foregoing is a full, true, and correct copy of the resolution introduced and passed by the board of trustees of the city of Fulfterton on the 16th day of May. 1022. and approved by the chairman of the board of trustees on the 16th day of May, 1922, the original of which is on file in my office. in witness whereof, I have hereunto set my hand and affixed my official seal this 22d day of May, 1922. [SEAL.] F. C. HEZMALHALCH, City Cleric of the City of Fullerton. RESOLUTION No. 13-TKV-N. S., TNHOIJSINI; HOCSE OF REPRKSKNTATIVKS BILL No. 11440. "To PROVIDE KOK THK PROTECTION AM) I M VKI.OI'.M KNT OF THE LOWER ('(II OKADO KlVKK." W]*>rcas it is apparent <"<> a11 persons acquainted with th<- facts that the great Imperial Valley in California is annually in imminent danger of being over- flowed and tlooded by the Colorado River; that the menace' of this river is 90 DEVELOPMENT OF LOWER COLOKADO RIVER BASIN. increasing with the years; that its bed is filling and rising about 1 foot a year; that its bottom is now several feet higher than it \vas when it broke into the valley several years ago and formed the Salton Sea: that its levees must be built higher each year ; that the only available dirt for levee construction is very poor material for the purpose; that should the rrado River break through the levees again its destruction would be imineasureable and that the havoc of its deluge would be great and appalling, because it would not only be immediately destructive but its evil effects would be permanent for the reason that its waters wou'.d not run off or subside, as in Hoods most everywhere else, but would gather in the basin of the valley, which is below sea level, as in the formation of the Salton Sea, and remain until the river again turns to another outlet and until the sunshine of centuries again lifts these waters by evaporation ; and Whereas relief can be had from this portending catastrophe, and the 50,000 people and the millions of dollars' worth of land and other property in this valley can be made safe by the construction of flood-control dams in the river basin and the hundreds of thousands of acres of additional lands can be irri- gated and immense amounts of hydroelectric power can be developed ; and Whereas House of Representatives bill No. 11449, " To provide for the pro- tection and development of the lower Colorado River Basin," introduced in the House of Representatives by Congressman Phil Swing and in the Senate by Senator Hiram W. Johnson, is a measure looking to the early accomplishment of these purposes in the best and most practical manner: Now. therefore be it Resolved, By the joint convention of the representatives of the southern section of the League of California Municipalities of the Farm Bureaus and Farm Centers of Southern California, and of the Imperial irrigation districts, duly assembled in the city of Santa Anna. Calif., on Thursday, the 4th day of May, 1922, pursuant to call and notice regularly made and given, that House of Representatives bill No. 11449, *' To provide for the protection and develop- ment of the lower Colorado River Basin." be approved and indorsed. That we urge upon the Committee on Irrigation of Arid Lands and upon the Congress the imperative necessity of an early report and passage of this bill that the relief therein proposed may soon be given. That we request the Senators and Congressmen from California to give their special attention to this measure and press its adoption. Adopted by the council of the city of Berkeley by the following vote : Ayes : Councilmen Bartlett, Harms, Hey wood, Schmidt, and President Bartlett. Noes : None. Absent : None. Louis BARTLETT, Mayor and President of the Council. Attest : E. M. HANN, City. Clerk and Clerk of the Council. Per F. E. TURNER, Deputy. MAY 19, 1922. RESOLUTION. Whereas it is apparent to all persons acquainted with the facts that the great Imperial Valley in California is annually in imminent danger of being overflowed and flooded bj; the Colorado River; that the menace of this river is increasing with the years; that its bed is filling and rising about 1 foot a year; that its bottom is now several feet higher than it was when it broke into the valley several years ago and formed the Salton Sea ; that its levees must be built higher each year ; that the only available dirt for levy construc- tion is very poor material for the purpose ; that should the Colorado River break through the levees again, its destruction would be immeasurable; and that the havoc of its deluge would be great and appalling, because it would not only be immediately destructive but its evil effects would be permanent for the reason that its waters would not run off or subside as in floods most everywhere else but would gather in the basin of the valley, which is below sea level, as in the formation of the Salton Sea, and remain until the river again turns to another outlet and until the sunshine of centuries again lifts their waters by evaporation ; and DEVELOPMENT OF LOWER COLOEADO RIVER BASIN. 91 Whereas relief can be had from this portending catastrophe and the 50.000 people and the millions of dollars worth of land and other property in this valley can he made safe by the construction of flood-control dams in the river basin, and hundreds of thousands of acres of additional lands can be irrigated and immense amounts of hydroelectric power can be developed; and Whereas House of Representatives bill No. 11449, "To provide for the protec- tion and development of the lower Colorado River Basin," introduced in the House of Representatives by Congressman Phil Swing and in the Senate by Senator Hiram W. Johnson, is a measure looking to the early accomplishment of these purposes in the best and most practical manner: Now. therefore, he it Reftolrcd. By the city council of the city of Long Beach, Calif., in regular session held on Tuesday, the 9th day of May, 1922, that House of Representa- tives bill No. 11449. " To provide for the protection and development of the lower Colorado River Basin." be approved and indorsed. That we urge upon the Committee on Irrigation of Arid Lands and upon the Congress the imperative necessity of an early report and passage of this bill that the relief therein proposed may soon be given. That we request the Senators and Congressmen from California to give their special attention to this measure and press its adoption. I, H. C. Waughop, city clerk of the city of Long Beach, Calif., do hereby certify that the foregoing resolution was unanimously adopted by the city council of the city of Long Beach on the 9th day of May, 1922, as appears in the minutes of said meeting, by the following vote: * Ayes : Condit, Downs, Pillsbury, Workman, Beck. Noes : None. Absent : Welch. Buffum. LONG BEACH, CALIF., May 9, 1922. [SEAL.] H. C. WAUGHOP, City Clerk. STATE OF CALIFORNIA, County of Los Angeles, City of Long Beach, ss: ' I, H. C. Waughop. city clerk of the city of Long Beach, do hereby certify that the foregoing is a true and correct copy of a resolution that was adopted by the city council of the city of Long Beach, Tuesday, May 9, 1922, as ap- pears of record in my office. [SEAL.] H. C. WAUGHOP, City Clerk of the City of Long Beach. RESOLUTION No. 910. Whereas it is apparent to all persons acquainted with the facts that the great Imperial Valley in California is annually in imminent danger of being overflowed and flooded by the Colorado River ; that the menace of this river is increasing with the years; that its bed is filling and rising about 1 foot a year; that its bottom is now several feet higher than it was when it broke into the valley several years ago and formed the Salton Sea; that its levees must be built higher each year ; that the only available dirt for levee construction is very poor material for the purpose ; that should the Colorado River break through the levees again, its destruction would the immeasurable ; and that the havoc of its deluge would be great and appalling, because it would not only be immediately destructive but its evil effects would be permanent, for the reason that its waters would not run off or subside, as in floods most everywhere else, but would gather in the basin of the valley, which is below sea level, as in the formation of the Salton Sea, and remain until the river again turns to another outlet and until the sunshine of the centuries again lift their waters by evaporation ; and Whereas relief can be had from this poi'tending catastrophe and the 50.000 people and the millions of dollars worth of land and other property in this valley can be made safe by the construction of flood-control dams in the river basin, and hundreds of thousands of acres of additional lands can be irrigated and immense amounts of hydroelectric power can be developed; and Whereas House bill 11449, " To provide for the protection and development of the Lower Colorado River Basin." introduced in the House of Representatives 92 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. by Congressman Phil Swing and in the Senate by Senator Hiram W. Johnson, is a measure looking to the early accomplishment of these purposes in the best and most practical manner: Now, therefore, be it Rcsolri'tl Inj the roin-inixxinn of the citi/ of Alhainbm. Calif., at their regular meeting held on Monday. Mai/ 1~>. /<>..'>. That House bill 11449, " To provide for the protection and development of the Lower Colorado River Basin," be approved and indorsed ; that we urge upon the Committee on Irrigation of Arid Lands and upon the Congress the imperative necessity of an early report and passage of this bill, that rhe relief therein proposed may soon be given ; that we request the Senators and Congressmen from California to give their special attention to this measure and press its adoption. Signed and approved this 15th day of May, 1922. N. W. THOMPSON, President of the Commission of the City of Alhambra. Attest: R. B. WALLACE, City Clerk. I hereby certify that the foregoing resolution was duly passed and adopted by the commission of the city of Alhambra at its regular meeting held on the 15th day of May, 1922. by the following votes : Ayes. Commissioners Garrison, Battelle, Bailey, and Thompson ; noes, none ; absent, Commissioner Gibboney. [SEAL.] R. B. WALLACE. City Clerk. I, R. B. Wallace, do hereby certify that I am the duly qualified and acting city clerk of the city of Alhambra, Calif., and that the attached is a mie and correct copy of resolution No. 910, which was adopted by the commission of the city of Alhambra, Calif., at its regular meeting held on the loth day of May, 1922. Witness my hand and the seal of the city of Alhambra this 17th day of May, 1922. [SEAL.] R. B. WALLACE, City Clerk. RESOLUTION ADOPTED BY THE MAYOR AND COMMON COUNCIL OF RIVERSIDE, CALIF., ON MAY 16, 1922. Whereas it is apparent to all persons acquainted with the facts that the great Imperial Valley in California is annually in imminent danger of being over- flowed and flooded by the Colorado River ; that the menace of this river is increasing with the years; that its bed is rilling and rising about 1 foot a year; that its bottom is now several feet higher than it was when it broke it into the valley several years ago and formed the Salton Sea ; that its levees must be built higher every year; that the only available dirt for levee construction is very poor material for the purpose; that should the Colorado River break through the levees again its destruction would be immeasurable; and that the havoc of its deluge would be great and appalling. 1 it-cause it would not only be immediately destructive but its evil effects would he permanent, for the reason that its waters would not run off or subside, as in floods most everywhere else, but would gather in the basin of the valley, which is below sea level, as in the formation of the Salton Sea, and remain until the river again turns to another outlet and until the sunshine of centuries again lifts these waters by evapora- tion ; and Whereas relief can be had from this portending catastrophe and the 50.000 people and the millions of dollars' worth of land and other property in this valley can be made safe by the construction of flood-control dams in the river basin, and hundreds of thousands of acres of additional lands can be irrigated and immense amounts of hydroelectric power can be developed ; and Whereas House bill 11449, to provide for the protection and development of the lower Colorado River Basin, introduced in the House of Representatives by Congressman Phil Swing and in the Senate by Senator Hiram W. Johnson, is a measure looking to the early accomplishment of these purposes in the best and most practical manner : Now, therefore, be it Resolved, That we hereby approve and indorse House bill 11449, to provide for the protection and development of the lower Colorado River Basin ; that DEVELOPMENT OF LOWER COLORADO RIVER BASIN". 93 we urge upon the Committee on Irrigation of Arid Lands and upon the Congress the imperative necessity of an early report and passage of this bill that the relief therein proposed may soon be given ; that we request the Senators and Congressmen from California to give their special attention to this measure and press its adoption. I, C. B. Burns, clerk of the city of Riverside, Calif., do hereby certify that the foregoing is a true and correct copy of a resolution adopted by the mayor and common council of said city of Riverside at its meeting held on the 16th day of May, 1922. [SEAL.] C. B. BURNS, City Clerk. RESOLUTION INDORSING THE RESOLUTION ADOPTED AT A MEETING HELD IN SANTA AXA. MAY 5, 1922, URGING THE HOUSE OF REPRESENTATIVES TO PASS BILL No. 11449. Whereas there is now pending in the House of Representatives of the United States a bill " To provide for the protection and development of the Lower Colorado River Basin," the same being No. 11449 ; and Whereas at a public meeting of the League of California Municipalities, held in Santa Ana, Calif., on the 4th day of May, 1922, a resolution was adopted by said meeting urging the passage of said bill; and .Whereas every city and property owner in southern California is vitally interested therein : Now, therefore, be it RexoU-ed by the Council of the City of Santa Barbara, That the sentiment expressed in said resolution be, and the same is hereby, indorsed. STATE OF CALIFORNIA, County of Santa Barbara, ss : I, J. E. Sloan, mayor of the city of Santa Barbara, hereby certify that the foregoing resolution was read in full at a regular meeting of the council of the city of Santa Barbara, held on the 18th day of May, 1922, and was adopted by the following vote on roll call : Yeas: Councilman S. L. Buck, F. W. Cole, H. L. Hitchcock, Geo. M. Mc- Guire, J. E. Sloan. Nays : None. Absent : None. In witness whereof I have hereunto set my hand and caused the official seal to be affixed this 19th day of May, 1922. J. E. SLOAN, Mayor. Attest : [SEAL.] S. B. TAGGART, City Clerk. I hereby certify the above to be a true and correct copy of the resolution passed by the city of Santa Barbara at its meeting on May 18, 1922. [SEAL.] S. B. TAGGART, City Clerk. RESOLUTION No. 4321. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF PASADENA INDORSING HOUSE OF REPRESENTATIVES BILL No. 11449, Whereas it is apparent to all persons acquainted with the facts that the Great Imperial Valley in California is annually in imminent danger of being overflowed and flooded by the Colorado River: that the menace of this river is increasing with the years ; that its bed is filling and rising about 1 foot a year; that its bottom is now several feet higher than it was when it broke Into the valley several years ago and formed the Salton Sea ; that its levees must be built higher each year; that the only available dirt for levee construc- tion is very poor material for the purpose; that should the Colorado River break through the levees again its destruction would be immesasurable ; and tluit the havoc of its deluge would be great and appalling because it would not only be immediately destructive but its evil effects would be permanent for the reason that it waters would not run off or subside, as in floods most everywhere else, but would gather in the basin of the valley which is below sea level, as in the formation of the Salton Sea, and remain until the river 94 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. again turns to another outlet and until the sunshine of centuries again lifts these waters by evaporation: and Whereas relief can he had from this portending catastrophe, and the 50,000 people and the m'llions of dollars worth of land and other property in this valley can he made safe by the construction of flood-control dams in the river basin, and hundreds of thousands of acres of additional lands can he irrigated^ and immense amounts of hyroelectric power can be developed: and Whereas House of Representatives bill No. 11440. "To provide for the pro- tection and development of the lower Colorado River Basin." introduced in tin- House of Representatives by Congressman Phil Swing and in the Senate by Senator Hiram W. Johnson, is a measure looking to the early accomplishment of these purposes in the best and most practical manner: Now, therefore, be ic Renoir fd btt th< tionnl of directors of the city of Pasadena: SECTION 1. That House of Representatives bill No. 11449, "To provide for the protection and development of the lower Colorado River Basin," be ap- proved and indorsed. That the city of Pasadena urges upon the Committee on Irrigation of Arid Lands and upon the Congress of the United States the imperative necessity of an early report and passage of said bill that the relief therein proposed may soon be given, and further requests and urges that the Senators and Congressmen from California give their special attention to this measure and press its adoption. SEC. 2. The city clerk shall certify to the adoption of this resolution and cause copies thereof to be prepared, certified, and forwarded to Grant -M. Lor- raine, secretary southern section of the League of California Municipalities for transmission by him to the Members and committees of Congress herein men- tioned. I hereby certify that the foregoing resolution was adopted by the board of directors of the city of Pasadena at its meeting held May , 1922. Clerk of the City of Pasadena. Signed and approved this - - day of May, 1922. Chairman of the Board of Directors of the City of Pasadena, STATE OF CALIFORNIA, County of Los Angeles, City of Pasadena, ss: I, Bessie Chamberlain, clerk of the city of Pasadena, do hereby certify that the attached document is a full, true, and correct copy of a resolution of the city of Pasadena, which same was adopted at its meeting held May 19, 1922. In testimony whereof I have hereunto set my hand and affixed the corporate seal of the city of Pasadena this 19th day of May, 1922. Clerk of the City of Pasadena, Calif. RESOLUTION No. 788. A RESOLUTION OF THE BOARD OF TRUSTEES OF THE CITY OF SANTA ANA, CALIF., INDORSING AND RECOMMENDING THE PASSAGE OF BILL No. 11449 Now BEFORE CONGRESS, TO PROVIDE FOR THE PROTECTION AND DE- VELOPMENT OF THE LOWER COLORADO RIVER BASIN. The board of trustees of the city of Santa Ana, Calif., resolve and declare as follows : Whereas it is apparent to all persons acquainted with the facts that the great Imperial Valley in California is annually in imminent danger of being overflowed and flooded by the Colorado River ; that the menace of this river is increasing with the years; that its bed is filling and rising about 1 foot a year; that its bottom is now several feet higher than it was when it broke into the valley several years ago and formed the Salton Sea ; that its levees must be built higher each year ; that the only available dirt for levee cons ruction is very poor material for the purpose ; that should the Colorado River break through the levees again its destruction would be immeasurable : and that the havoc of its deluge would be great and appalling because it would not only be immediately destructive, but its evil effects would be permanent for the reason that its waters would no" run off or subside, as 1 in floods most everywhere else, but would gather in the basin of the valley, which is below sea level, as in the formation of the Salton Sea, and remain until the river again turns to another outlet and until the sunshine of centuries again lifts these waters by evapora- tion; and DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 95 Whereas relief can be had from this portending catastrophe and the 50,000 people and the millions of dollars' worth of land and other property in this valley can be made safe by the construction of flood-control dams in the river basin and hundreds of thousands of acres of additional lands can be irrigated and immense amounts of hydroelectric power can be developed ; and Whereas House of Representatives bill No. 11449, " To provide for the pro- tection and development of the lower Colorado River Basin," introduced in the House of Representatives by Congressman Phil Swing and in the Senate by Senator Hiram W. Johnson, is a measure looking to the early accomplish- ment of these purposes in the best and most practical manner : Now, therefore, be it Resolved, by the Board of Trustees of the City of Santa Ana, Calif., That House of Representatives bill No. 11449, " To provide for the protection and de- velopment of the lower Colorado River basin," be approved and indorsed ; that we urge upon the Committee on Irrigation of Arid Lands and upon the. Congress the imperative necessity of an early report and passage of this bill that the relief therein proposed may soon be given ; that we request the Sena- tors and Congressmen from California to give their special attention to this measure and press its adoption. Adopted and approved this 15th day of May, 1922. J. G. MITCHELL, President of the Board of Trustees City of Santa Ana, Calif. . Attest: [SEAL.] E. L. VEGELY, City Clerk. RESOLUTION OF THE BOARD OF TRUSTEES OF THE CITY OF SAN GABRIEL INDORSING HOUSE OF REPRESENTATIVES BILL No. 11449. The Board of Trustees of the City of San Gabriel do resolve as follows : W'hereas it is apparent to all persons acquainted with the facts that the Great Imperial Valley in California is annually in imminent danger of being over- flowed and flooded by the Colorado River ; that the menace of this river is increasing with the years ; that its bed is filling and rising about 1 foot a year ; that its bottom is now several feet higher than it was when it broke into the valley several years ago and formed the Salton Sea ; that its levees must be built high each year; that the only available dirt for levee construction is very poor material for the purpose; that should the Colorado River break through the levees again its destruction would be immeasurable ; and that the havoc of its deluge would he great and appalling, because it would be not only im- mediately destructive, but its evil effects would be permanent, for the reason that its waters would not run off or subside, as in floods most everywhere else, but would gather in the basin of the valley, which is below sea level, as in the formation of the Salton Sea. and remain until the river again turns to another outlet and until the sunshine of centuries again lifts these w r aters by evaporation : and Whereas relief can be had from this portending catastrophe and the 50,000 people and the millions of dollars worth of land and other property in this valley can be made safe by the construction of flood dams in the river basin, and hundreds of thousands of acres of additional land can be irrigated and immense amounts of hydroelectric power can be developed ; and Whereas House of Representatives bill No. 11449. " To provide for the pro- tection and development of the lower Colorado River Basin." introduced in the House of Representatives by Congressman Phil Swing and in the Senate by Senator Hiram W. Johnson, is a measure looking to the early development and accomplishment of these purposes in the best and most practical manner : Now. therefore, be it ResoJretl inj xaiil Board of Trustees of the City />f Xan Ualtrid. That House of Representatives hill Xo. 11440. "To provide for the protection and development of the lower Colorado River Basin," be approved and indorsed; that the city of San Gabriel urges upon the Committee on Irrigation of Arid Lands and upon the Congress of the United States the imperative necessity of an early report and passage of said bill that the relief therein propose.] may soon be given ; and further requests and urges that the Senators and Congressmen from California give their special attention to this measure and press its adoption. 96 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. The city clerk shall certify to the adoption of this resolution and cause copies thereof to be prepared and forwarded to Grant M. Lorraine, secretary southern section of the League of California Municipalities for transmission by him to the Members and committees of Congress herein mentioned. I, Ira H. Stouffer, city clerk of the city of San Gabriel, do hereby certify that the foregoing resolution was duly adopted at a regular meeting of the board of trustees of the city of San Gabriel, held on the 23d day of May, 1922, by the following vote: Ayes : Brownrigg, Dake, Fisk, Lettler, and Lugo. Noes : None. Absent : None. IRA H. STOUFFER. City Clerk of the city of San Gabriel. Signed and approved this 23d day of May, 1922. [SEAL.] GEO. D. DAKE, President of the Board of Trustees of the city of San Gabriel. RESOLUTION No. 327. Whereas the President has introduced in the House of Representatives of the present Congress House bill No. 11449, which said bill provides the means whereby the lower basin of the Colorado River may be protected from floods and additional lands further developed ; Whereas during periods of every year the people who have, with com- mendable courage and great expenditure of money, reclaimed a trackless desert into one of the most productive sections of our Nation are threatened with the loss of their lives and their entire investment by reason of the un- controlled waters of > the Colorado River ; and Whereas the bill above mentioned if passed will not only provide security for these people, but will also reclaim hundreds of thousands of acres of addi- tional lands now valuless : Now, therefore, be it Resolved by the council of the city of Santa Monica, That the said bill be, and the same is hereby, indorsed, and its passage in the House and Senate and approval by the President urged, and, further, that the clerk of the city of Santa Monica be authorized to communicate by wire with Hon. H. Z. Osborne. our Representative in Congress, requesting that he use every en- deavor to procure that result, and that a copy of this resolution be forwarded to the following : Hon. Herbert Hoover, Secretary of Commerce ; Hon. H. Z. Osborne, Representative in Congress ; Committee of the House of Representa- tives on Flood Control. I, Frank A. Helton, commissioner of finance, ex officio clerk of the city of Santa Monica, do hereby certify that the above is a copy of a resolution duly nnd regularly adopted by the council of the city of Santa Monica at its meet- ing held in said city on the 19th day of May, 1922. F. A. HELTON, Commissioner of Finance, Ex-offlcio Clerk of the City of Santa Monica. CORONADO, CALIF., July 2, 1922. JOHN L. BACON, Care Congressman Phil D. Swing, Washington, D. C.: Coronado heartily indorses House bill No. 11449. Authorize you to represent us at hearings. W. E. HARPER, President of the Board of Trustees, City of Coronado. DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 97 RESOLUTION No. 27690. Be it rctoJred lt;< the common council of the citi/ of Xan Diego, Calif., as folJoirs : That the following resolution, adopted at Santa Ana, Calif., May 4, 1922. at a called convention of representatives of the southern section of the League of California Municipalities, of the farm bureaus, and farm centers of southern California, and of the Imperial irrigation districts, be, and the same is hereby, adopted as an expression of opinion of the common council of said city : " Whereas it is apparent to all persons acquainted with the facts that the great Imperial Valley of California is annually in imminent danger of being overflowed and flooded by the Colorado River ; that the menace of this river is in- creasing with the years : that its bed is filling and raising about 1 foot a year ; that its bottom is now several feet higher than it was when it broke into the valley several years ago and formed the Salton Sea ; that its levees must be built higher each year; that the only available dirt for levee construction is very poor material for the purpose ; that should the Colorado River break through the levees again its destruction would be immeasurable ; and that the havoc of its deluge would be great and appalling because it would not only be immedi- ately destructive but its evil effects would be permanent for the reason that its waters would not run off or subside, as in floods most everywhere else, but would gather in the basin of the valley, which is below sea level, as in the formation of the Salton Sea, and remain until the river again turns to an- other outlet and until the sunshine of centuries again lifts these waters by evaporation ; and " Whereas relief can be had from this portending catastrophe, and the 50,000 people and the millions of dollars' worth of land and other property in this valley can be made safe by the construction of flood-contral dams in the river basin ; and hundreds of thousands of acres of additional lands can be irrigated, and immense amounts of hydroelectric power can be developed; and " Whereas House of Representatives bill No. 11449, " To provide for the protection and development of the lower Colorado River Basin. " introduced in the House of Representatives by Congressman Phil Swing and in the Senate by Senator Hiram W. Johnson, is a measure looking to the early accomplish- ment of these purposes in the best and most practical manner : Now. therefore, be it "Resolved 'by the joint convention of the representatives of the southern* xcction of the League of California Municipalities, of the farm bureaus, and farm centers of southern California, and of the Imperial irrigation districts, dutii nxxcnibled in the city of Santa Ana, Calif., on Thursday, the .'/th day of Mf the amount of the installation. We are getting about three- fourths. The city of Los Angeles is in this position; we do not want to say at this time the amount of horsepower we would like to have allocated to us, fur- ther than this, that after all communities in the Southwest Arizona, Nevada, and California -after all other communities have been allocated the power which they want and which the Secretary of the Interior feels he is justified in allocating to them, the city of Los Angeles will agree to take all that is left. We will enter into a contract to that effect. Mr. WILLIAMSON. Would that plan of utilization insure the full development of the plant in the beginning? Mr. CRISWELL. It would. It is our opinion that a certain amount of power or power possibilities should be reserved by the Secretary of the Interior for future allocation to communities that can not act at 'the present time that might be slower to act than are some of the cities that have been figuring on this for sometime and are ready to act; that those power possibilities should be reserved for future allocation, but the city of Los Angeles would agree that if nobody took any power and if half of that power, we will say, was reserved at the present time, we will pay for the power that is allocated to us a sum sufficient to meet the interest and the sinking fund charges, and we will get cheap power then. Mr. HAYDEN. Do you mean interest and sinking fund on the entire cost of the project? Mr. CRISWELL. On the entire cost of the project. Mr. HAYDEN. That was stated yesterday to be about $8,000,000 a year. Mr. CRISWELL. Something like that. Mr. LITTLE. Do you believe that Los Angeles could afford to pay $8,000.000 a year for this proposition on the Colorado River if they could get the power? Mr. CRISWELL. Well, I would not want to say $8,000,000, because I do not have the figure in mind, and I haven't it in my notes here, but, I do say that we have figured the cost of the dam and the cost of the installation of generat- ing machinery and the cost of the transmission line, and we would be willing to bear the burden, if necessary, on the whole proposition. Mr. LITTLE. Providing you got power? 102 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. . Mr. CRISWELL. Providing we got the power. But we are not asking that, understand that, gentlemen we are imt asking for any power until all of these other communities have heen satisfied. Mr. LITTLE. You refer to the Boulder Canyon Dam? Mr. CKISWELL. To the Boulder Canyon Dam; yes. Mr. P,ARi:oru. Following right along that line, would the city of Los Angeles be willing to take over this Boulder Canyon project and construct the dam, if the Government, permitted it to do s>. at ;s own expense? Mr. CKISWELL. On account of limitations in our charter for bonding provisions we could not do that, and that leads me to another point: Tn the suggestion that is made by the Secretary of the Interor in his report to this committee he suggests that bonds be issued for the building of* these works and that those bonds be sold at a bonus if possible. I presume the idea he had in mind was that the bonus would cover the interest on the bonds during the period of construction. The charter of the city of Los Angeles would prohibit us from ] laying a bonus, but we can accomplish it directly by contracting that we will agree to pay this interest during construction, but we could not agree to nay a bonus for bonds, and I doubt very much whether there is a municipality in southern California that could pay a bonus for the bonds; and many of them, including perhaps Los Angeles, could not purchase bonds but we could find a purchaser. Mr. BARBOUR. What is your idea for the city of Los Angeles as a munici- pality to purchase some of these bonds? Mr. CRISWELL. I just said that I doubt whether we could under our charter limitations do so. but we could find a purchaser. Mr. BARBOUR, If they could be purchased at par? Mr. CRISWELL. I doubt whether we could purchase them even at par. Mr. LEATHERWOOD. Have you heard any suggestion as to the per cent of power to be reserved for future development? Has there been a suggestion made along that line? Mr. CRISWELL. No ; there have been no percentages figured out that I know of. You understand that the installation of power machinery there would ex- tend over a number of years before it could all be installed, even though we worked as rapidly as possible. Mr. LEATHERWOOD. In the statement which you made a moment ago. did you have in mind the future development in the State, which you enumerated for allocation? Mr. CKISWELL. I did : in my suggestion that a portion of this power, a cer- tain percentage of it, should be reserved for future allocation. Mr. LEATHERWOOD. That is, the city of Los Angeles, after allocation to Ari- zona, Nevada, and California outside of Los Angeles, would be willing to take the surplus power? Mr. CRTSWELL. That was my statement. That is what I meant to say. Mr. LEATHERWOOD. With reservation for future development in those particu- lar States? Mr. CRISWELL. Yes. sir. Mr. RAKER. Mr. Cri swell, does your city charter permit you to dispose of elec- tric energy that the city has control of outside of the city of Los Angeles? Mr. CRISWELL. Would it permit it? Mr. RAKER. Yes. Mr. CRISWELL. It would permit us to dispose of it yes but under a contract which we entered into with the Southern California Edison Co. when we purchased their distributing system inside of the city we agreed not to interfere with their market outside of the city, but any surplus power we generate shall be sold to that company at a price fixed by the State railroad commission. Mr. RAKER. Now, supposing the power was allocated to Utah, Colorado, and New Mexico, Arizona, and Nevada, to certain large cities outside of Los Angeles, and the balance to be taken by Los Angeles, would it be your pur- pose and intent in taking your line from Boulder Canyon to Los Angeles to supply the small cities and communities in southern California with elec- tric energy at the same price that you supplied it to the people of Los Angeles ? Mr. CRISWELL. That is a detail that I have never heard discussed. Mr. RAKER. Well, it is a detail so big what I am getting at is this: Here are a number of thriving communities south and east of Los Angeles that in and of themselves are financially unable, say, to install a plant or to get any DEVELOPMENT OF LOWER COLORADO RIVER BASIX. 103 Allocation: would it he the disposition of Los Angeles to supply these people with this electric energy, you people having secured a very large block of it? Mr. CUISWELL. It would lie the disposition of the city of Los Angeles to assist those other municipalities in any way that it could. Mr. HAKER. Would there he any disposition to not supply it? Mr. CRISWELL. I think not. Mr. KAKKR. I make myself plain on that, I hope. Mr. CRISWELL. Yes, sir. Mr. RAKER. Do you not think it ought to be arranged so that if. say, 300,000 horsepower was allocated to Los Angeles, because she could pay for it and take it and agree to do it, that you should in turn supply these smaller communities on the line and within a reasonable distance from your main line'.' Mr. CRISWELL. I think, Judge, it would be necessary to enter into some kind of an arrangement with the smaller municipalities themselves for a general transmission line to a central substation in the territory that might then break up the big voltage and supply the smaller communities. Mr. KAKKR. That would in substance be carrying out what I asked. Mr. Cut SWELL. Yes. Now, I might say, Mr. Chairman, that Mr. E. F. Scat- tergood, the chief electrical engineer of Los Angeles, who came here with us on this matter, was taken ill and is now in the hospital, but I would like permis- sion for him to file a statement covering some of these technical points after he is able to do so. Mr. LITTLE. Is there any objection to that? If not, that will be authorized. Mr. CRISWELL. I believe that is all I have to say. -Mr. BANKHEAD. I am rather surprised I have not been out in that section, and I am rather surprised to know of the large consumption of power electric power in Los Angeles. What are the main industries in your city that con- sume this large amount of power, outside of your own municipal plants? Mr. CRISWELL. There are a large number of factories perhaps none of them so great in themselves, except the (Joodyear Tire Co.. which takes a large block of power but I think the last census of the United States shows that the city of Los Angeles is. in value of manufactured products, the tenth city in the United States. Mr. BANKHEAD. Are they of the general nature usually made in industrial centers? Mr. CRISWKI.L. Yes. sir. Mr. BARKOI-R. And those industries consume electric power to a very large extent? Mr. CRISWELL. To a very large extent: yes. sir. And those that now derive rheir power from fuel oil would prefer to change over to electric power. Mr. BANK HEAD. How far is Los Angeles from Boulder Canyon? Mr. CRISWELL. About 260 miles, approximately. We are now bringing our \vater from 240 miles away, so that we are not concerned about bringing electric energy i_'(5i> miles. Mr. WILLIAMSON. In bringing electrical energy from Boulder Canyon to tbe city of Los Angeles what percentage is lost in transmission? Mi-. CIJISWEIL. That is a technical question that I will call Mr. Scattergood's attention to and have him incorporate his answer in his statement. Mr. BARROVR. The Southern California Kdison Co. is already bringing power into Los Angeles from as great a distance, is it not, as Boulder Canyon? Mr. CRISWELL. Yes: a greater distance. The Southern California Edison Co. brings power in from the P.ig ('reek country up in the Sierra Nevadas. which is nearly 300 miles away. Mi-. RAKER. Mr. Criswell. you are chairman of the City Council of Los Angeles? Mr. CRISWELL. Yes, sir. Mr. RAKER. Now. I suppose that with the water transportation facilities, the railroad transportation facilities that now exist, and the prospective boule- vards and roads leading from all parts of the West to Los Angeles, with the climatic conditions and the territory surrounding Los Angeles, judging from what has occurred, you expect in the near future Los Angeles to be the first city in the United States in manufacturing? Mr. CRISWELL. Now. I am afraid. Judge, that if I answered that question truthfully as I see it I might be accused of coming down here to boost Los Angeles. 1316 22 PT 3 3 104 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. Mr. UAKER. No; now, that question involves this Boulder Canyon construc- tion project, and it is a matter for them to investigate now to see whether or not your statement is true. Mr. CRTS WELL. I will say this in. answer to your question, that if we can have assurance that the Boulder Canyon dam is to be built and that Los Angeles will receive an allocation of a fair share of that power, the next census the next Federal census will show not more than two cities in the United States larger than the city of Los Angeles. Mr. BARBOUR. That is. in population or in industries? Mr. CRISWELL. In both. Mr. RAKER. Then in substance you answer my question affirmatively V Mr. CRISWELL. Yes, sir. Mr. HAKER. And that ought to be an inducement for the construction of a dam like the Boulder Canyon Dam. Mr. SMITH of Idaho. What is the present population of Los Angeles? Mr. CRISWELL. About 715,000. Mr. LEATHERWOOD. Your district lies north of San Francisco, does it not, Judge Raker? [Laughter.] Mr. LITTLE. Mr. Criswell, do I understand, then, that your estimate is that by the time this Boulder Canyon Dam could be built your town would be the third city in the United States? Mr. CRISWELL. If we can have the assurance that we can supply power to the manufacturers who wish to locate there. Mr. LITTLE. Is there anything in the past history of the city that shows a comparative development that would tend to that that soon? Mr. CRISWELL. Yes, sir. Mr. LITTLE. You have been going that way, have you ? Mr. CRISWELL. The history of the city of Los Angeles confirms my statement. Mr. LITTLE. You have been growing at that rate? Mr. CRISWELL. We have been growing at that rate. Mr. HAYDEN. I am very much interested in your statements relative to the allocation of power. There appear to be two theories on that subject. One is that the city of Los Angeles has sought to obtain all the power to be developed at Boulder Canyon to the exclusion of other users, and that there will not be power enough to go around. Then there is another theory which has been advanced before this committee, that all other power development on the Col- orado River should be prohibited for fear there will not be market for all the power that can be developed at Boulder Canyon. Now. which theory do you believe that the committee should adopt in that regard? Mr. CRISWELL. I think you should go along the line that the Boulder Canyon project should be built and the financing of it taken care of before other projects are taken up. That is simply to make you people here in Washington feel absolutely safe on the investment. Mr. HAYDEX. But, in your judgment, there is no doubt but what all the power generated at Boulder Canyon will be promptly used? Mr. CRISWELL. I have no doubt whatever on that point. Mr. RAKER. To carry Mr. Hayden's question a little further, a market can be provided for it, and if there is a doubt that certain industries and places might use it all. so much the better, but there is enough opportunity up the river to develop almost as much again. Mr. CRISWELL. The river will develop about 10 times as much. The firm horsepower will be between 600.000 and 700,000 developed there. Mr. BANKHEAD. At Boulder Canyon? Mr. CRISWELL. At Boulder Canyon. The installation would probably be one million horsepower and it would develop about two-thirds of that. Mr. BANKHEAD. Primary power. Mr. CRISWELL. Firm horsepower all the year round. And there can be de- veloped on the river, the engineers say. about 6.000.000 horsepower. Mr. RAKER. So the development of Boulder Canyon and the allocation of the power to actual use, the determination of construction charges and interest would not deter any other communities from future development, because there is plenty of opportunity up the river for developing almost ten times as much. Mr. CRISWELL. There is. And in regard to the statement that was made that Los Angeles had been charged with a desire to take all or control all of the power on the Colorado River, the city of Los Angeles has never at any time had any such vision in its mind ; all we want is a fair share of the power for DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 105 ourselves, and we want all the other communities in the Southwest to have allocated to them all the power that they can use. Mr. LITTLE. How many people have you in Los Angeles now? Mr. CRISWELL. About 715.000, according to our last school census. Mr. LITTLE. How many did you have 10 years ago? Mr. OKI SWELL. Ten years ago in 1910 we had 319.000. Mr. RAKER. And in 1883 you had 15,000. Mr. LITTLE. Are there any other questions, gentlemen? If not, Mr. Hoodenpyl, will you state your relation to the matter and just whom you represent? STATEMENT OF MR. GEORGE HOODENPYL, CITY ATTORNEY OF LONG BEACH, CALIF. Mr. HOODENPYL. I am city attorney of the city of Long Beach. Long Beach is a city of some 50,000 people according to the last census, situated a little east of south of the city of Los Angeles. Mr. LITTLE. How long have they been getting that bunch together? Mr. HOODENPYL. In 1900 we had 2.250 people; in 1910 we had 17,000; in 1920, 55,000. Mr. LITTLE. What is going to happen next? Mr. HOODENPYL. One hundred thousand probably 125,000 by the next census. Mr. LITTLE. What are the resources of that city? Mr. HOODENPYL. Well, we have one particular resource that most everybody laughs about when we mention it. and that is climate. We have the ocean ; we have a wonderful residence section. A great many people are coming to southern California for homes who desire to live in the city of Long Beach because it has a mild climate. It has a south exposure on the ocean and is protected from the winds by the Palo Verde Hills, which makes it one of the most attractive, eveu-temperatured cities on the coast. Mr. SMITH of Idaho. What proportion of the able-bodied men there are engaged in some active work? Mr. RAKER. One hundred per cent. Mr. HOODENPYL. I think the percentage is larger than that. [Laughter.] I will say very frankly that we have a population of at least 33J per cent that are there simply to spend the money they make back East, or have made back East, and I think !t is the most delightful place in the world for business men who have made their fortunes in business. Mr. LITTLE. You are fishing to have us move out there? Mr. HOODENPYL. Well, it is a dangerous proposition to come out there unless you want to stay. [Laughter.] Mr. LEATHERWOOD. Is ir the prediction of some of the residents of Long Beach that when the next census is taken Los Angeles may be a suburb of Long Beach V Mr. HOODENPYL. No, I think not. I am like Mr. Crlsswell. I would not go fhat far. but the city of Long Beach although it is a long distance, comparatively, from Imperial Valley, is interested in two ways in this proposition, otherwise they would not have sent me here as a representative to come before this com- mittee and present what I could to aid in getting the Government to promptly improve and develop the Colorado R'ver. The Imperial Valley is what we call our back country, our agricultural section, and in a general way the prosperity of southern California and of the Southwest, depends upon the protection of that valley and the protection of the territory in Arizona : and whatever pro- tection can he afforded there, and whatever Improvements can be made in Arizona <>r in Nevada, are a benefit to the whole Southwest, and to that extent the city of Long Beach is indirectly benefited because the prosperity of that section will be shared in by the city of Long Beach equally with other cities. 1 can conceive of no greater calamity eveij to the city of Long Beach than the destruction of the Imperial Valley and it would affect the whole southwest in the same way. It would be a permanent destruction if this water goes into the valley. In that way the city of Long Beach is interested, and sufficiently interested to expend its money to send a representative here to let you gentle- men know its interest in the matter and to urge you to action along th's line. Mr. LITTLE. May I ask the gentleman a question? Have you formed any estimate as to how much value would be immediately destroyed if that Im- perial Valley were flooded? Mr. HOODENPYL. Well, it is difficult to say what you mean by immediate destruction. If an opening in the river is permitted there, as Mr. Bacon said. 106 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. and as the engineers generally agree, it would be a difficult problem to close the opening in the river. Mr. LITTLE. What I mean is. if they did not close it. Mr. HOODENPYL. If they did not close it there would be an enor.nous in- jury. The engineers can give yon the area, the exact figures of what would bo flooded, but it would destroy the cities of Calexico, Brawley, El Centre, and Imperial. And I understand that the crop reports last year showed $65,000,000 worth of produce from that valley of California. Mr. LITTLE. And all that produce would be destroyed, that $63.000,000 worth, would it not? Mr. HOODENPYL. Absolutely. The people would be driven out of their homes, and besides that all of the improvements in the city, the railroad, and every- thing else there, would be under water. Mr. UAKEK. It would not only be the $65,000,000, or $80,000,000 a year, but it would be a permanent destruction. Mr. HOODENPYL. It would be a permanent destruction of the present values, also. Mr. LITTLE. And in addition to that, the balance of the land, if irrigated, would be brought into production and add almost as much as you are produc- ing now. Mr. HOODENPYL. The limit of this will at least double the irrigable area in that section, not all of which would be under the sea level, though. Another point along that line that has not been touched upon is this, that the Imperial Valley produces a crop which is early, largely cantaloupes and things like that berries that would not compete with the general farmers throughout the country, and the urging of the objection that there is enough land tillable at the present time would not be effective as against the Im- perial Valley because the products there are largely not competitive with the balance of the country. The city of Long Beach is directly interested in this proposition of power. We believe that if this dam is constructed by the Federal Government, power can be laid down in southern California much cheaper than we get it now from the private corporations. The industrial section of the city of Long Beach is just across the line from an industrial section of the city of Los Angeles. Los Angeles has extended its quarters to the coast. We are handicapped in our efforts to obtain industries by reason of this fact : The city of Los Angeles having its municipal system not only its distributing system, but owning also its producing system is able to sell electricity across the line from the city of Long Beach at 5* cents per kilowatt hour that is the domestic rate while the city of Long Beach, across this imaginary line, is required to pay to the private corporation 7.92 cents per kilowatt hour. Now, the ratio of this rate, this domestic rate, is carried out proportionately in the industrial rates. There are no physical differences between the territory inside of the city of Long Beach and the territory inside of the city of Los Angeles. We both have city water and can meet any competition for municipal water in the city of Long Beach, but we can not meet the power situation. Mr. RAKER. Explain to the committee what is the matter with the railroad commission that they are not adjusting this difference. Mr. HOODENPYL. The railroad commission has recently rendered a decision reducing the rate in the city of Long Beach from 9 cents to 7.92 cents per kilo- watt hour. Now. it is claimed that under the investments on the privately owned utility, in order to give them a return of 8 per cent, it is necessary that this rate be maintained. That brings me to another reason as to why tin's should be developed by the Federal Government instead of by private cor- porations to meet that very proposition. The Edison Co. the Southern California Edison Co. is one of the largest producers of electricity in the country, and I presume it has as high a standing and can borrow money as cheaply as* any private corporation or private utility in the United States. The railroad commission lias permitted it, and it has paid s per cent for money borrowed to use for development purposes. Now. it is necessary for that return to be made. The Federal Government can undoubtedly borrow money for at least 2 to 3 per cent less than any public utility can borrow it. In view of that, if the Federal Government constructs this dam it will save to the consumer, who must ultimately pay the cost of construction and for all money that is hired to go into the project, not less than 2 per cent on the invest- ment. Now, that is one reason that the city of Los Angeles can serve electric energy at a rate less than the railroad commission fixes for the public utilities, DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 107 because of the fact that the city of Los Angeles does not have to make that high return. At the time that the public utility corporations were permitted to borrow money at 8 per cent the city of Los Angeles was able to borrow it at 6, which allowed it 2 per cent difference there, and that contributed to the cheapness of the project. Now, I think the Federal Government should not make a profit out of this power or out of the construction of this dam ; but I think it is to the interest of the country at large, and particularly the interest of the Southwest, that this electric energy be given to the people at cost. The cost of the electric energy is reflected in all the manufactured products that are produced in that section, and it is reflected in all the agricultural products, because it is necessary for every agriculturist in southern California, practically all of them, to use elec- tricity more or less ; and the cheaper this is placed upon the farm and placed to the manufacturer, the cheaper the product will be, and therefore the cheaper will be the product to the public that is the ultimate consumer. Mr. SMITH of Idaho. When you speak of furnishing power and light at cost, you moan including, of course, interest at 44 or 5 per cent on the amount invested? Mr. HOODENPYL. Yes. sir. Mr. RAXKHEAD. I^et me ask you this question : Conceding that the Government could do that upon the basis of the statement made by Mr. Smith, at consid- erably less cost than the companies that are now engaged in that private in* <]ustry in thnt section, do you think it is entirely fair to them to have Govern- ment competition of that sort based upon actual cost of production, plus amor- tization of the plant? Mr HOODEXPYT,. Well. I do not know any reason why they should not meet that competition. They have to in the city of Los Angeles, Pasadena, and Riverside. Mr. BAXKHEAD. Does your California commission figure that the Government should he repaid in interest ; that that plant should bear 4 or 5 per cent interest on the cost of investment? Mr. HOODEXPYL. Well, you could do that and still make it cheaper than the cost at present. Mr. BANKHEAD. Then, would not the practical effect of that be to put them out of business? Mr. HOOUKNPYL. Not necessarily: because there will be. from our view of it. as Mr. Crisswell stated, a greater demand than can be supplied. The power developed in Boulder Canyon will not be sufficient to put the Edison Co. out of business. Mr. BANKHEAD. Do you advocate Government ownership and operation of a utility of that sort in competition with private industry engaged in the same character of business? Mr. HOODENPYI,. Absolutely. Mr. SMITH of Idaho. Especially in this instance, where you are preventing the destruction of a great deal of property and also making available water for the reclamation of lands that now have no value. Mr. BAXKHEAD. I was just discussing the question of principle on that par- ticular phase of it. Mr. I-TOOIXEXPYT,. This water belongs to the people, it should be developed by the people, and the people should have the benefit of it. Mr. RAKEK. What is the investment in reservoirs, dams, ditches, and trans- mission lines in this territory south of the Tehachapi. owned by private indi- viduals? Mr. HOODKXPVL. I could nol give you any estimate on that. Mr. YEAGER. I can give you that. Mr. RAKEK. Just tell us that, will you? Mr. YEAGER. The Southern California Edison Co.. which serves im in the San Joaquin Valley and part of southern California, lias about * 102.500,000, as valued by the railroad commission: and (hen there is the Southern Sierras, a much smaller company, and I do not know the figure on that. Mr. RAKEK. I suppose it will run altogether about $1 .",0.000,000? Mr. YKAGEK. A little less than that. T would say. Mr. LITTLE. D you believe the Government ought to furnish the use of the Mississippi River for navigation in competition with the railroads? Mr. HOOOF.NPYL. Yes; I think so. I think they are doing it. Mr. LTTTI.K. They have been doing it a long time. The Colorado is not navigable to amount to anything? 108 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. Mr. HOODENPYL. Not for practical purposes. Mr. LITTLE. But it does have an exceptional amount of resource as a de- veloper of electric power, does it not; more so. iwrhaps, than any other river in the United States? Mr. HOODKNPYL. I think so. Mr. Lrrn.K. And don't you think that you people who live under it have just as much right to expect the Government to assist in developing the electric- power and irrigating resources of it as the people along the Mississippi have to expect the Government to keep up their means of navigation? Mr. HOODENPYL. That is our view of it. Furthermore. I do not think you need to anticipate that there is going to he any destruction or diminution of the value of the properties of the public utilities. The sentiment in southern California particularly is to huy out the distributing systems of the various cities at a reasonable and fair price, not only of the value but also of the severance damages. Los Angeles has recently taken over all of the distributing systems of the Southern California Edison Co. within its limits. Pasadena has done the same thing, and Santa Ana has done the same thing, and other cities are moving to that end. Mr. LITTLE. May I ask you another question? Suppose that the development of this power should, by competition or otherwise, develop a smaller rate of profit in some big investment companies ; do you think that that would be any worse than it would be for the Government to sit by and allow the farmers of Imperial Valley, who produce 865.000.000 a year, to be wrecked and destroyed entirely? Mr. HOODENPYL. I do not. Mr. LITTLE. You think the farmers down there, who produce $65.000,000 worth of crops a year, are entitled to as much protection as the gentlemen who get 7 or 8 per cent on their present investments, do you not? Mr. HOODENPYL. I think they are entitled to equal protection, if not more. Mr. HAKER. Let me ask you. from your observation, taking that southwestern territory as it exists now. is there a sufficient electric energy, or is there a general shortage all over that country? Mr. HOODENPYL. There is a general shortage. We have had to wait for months there to get some 150 horsepower for a manufacturing plant in the city of Long Beach. Mr. RAKER. Now. may I ask a question in order to get the record clear, as I understand it: and if I am wrong. I hope I will he corrected by some of you gentlemen. Under the law as it now exists the California Railroad Commis- sion fixes the rates of fares or charges for the furnishing of electric energy by the public utility corporations? Mr. HOODENPYL. Yes. sir. Mr. RAKER. But the commission has not the power to do so in the case of the city of Los Angeles: is that right? Mr. HOODENPYL. It has not. Mr. RAKER. That being the case, over all the rest of the State except Los Angeles it fixes the rate Mr. JOHN S. NICKEKSON (interposing). It has that i>ower. Mr. RAKER. Now? Mr. NICKEKSON. It has that power now. Mr. HOODENPYL. Not over the city's plant. Mr. RAKER. I am talking about the city plant. Mr. XK KKI:SON. If there is a public utility furnishing power in the city no\\. they have the power over them. Mr. RAKER. In other words, they charge the same as the city fixes. Is that correct? Mr. HOODENPYL. I am not sure that I understand you, but the railroad commission fixed the rates in the city of Los Angeles as long as it was served by the Southern California Edison Co.. but when the city of Los Angeles took over the distributing system, that portion of it that they did not take over within the city of Los Angeles belonging to the Southern California Edison <'.. then the railroad commission lost its jurisdiction of that that was owned and o])eratecl by the nmnicipality. and I want to say on that score that im- mediately upon taking over that system the city of Los Angeles reduced materially the rates which had been fixed and which had been collected by the Edison Co. with the approval of the railroad commission. Mr. RAKER. Yon would not be in favor of having a competing system that would drive out or absolutely ruin a business that had been built up. that DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 109 had done so much for the country as it is now, and that was regulated by a State commission, would you? Mr. HOODENPYL. Absolutely not. and 1 do not think there is any fear of that. Mr. BANKHEAD. In other words, you believe that this water power there is essential and profitable to the people, and that the Government should use it so that the people at large will derive the greatest amount of benefit from its use. Mr. HOODENPYL. That is my view. Mr. RANKHEAD. I think you are entirely right, sir. Mr. LITTLE. Gentlemen, it is 12 o'clock. I presume we will be called to the lioor of the House very soon. My understanding is that to-morrow is the regular meeting day and we will meet to-morrow morning at 10.30. If you have anything more to add I wish you would be here to-morrow, Mr. Hoodenpyl. Do you want to add a few words now? Mr. HOODENPYL. I just wanted to add a few words. This is on the matter of the suggestion of one apparent objection to this proposition of going ahead immediately, and that is on the question of the allocation of power and the allocation of water rights and priority use and such as that. Now, then, this objection is met. absolutely and unequivocally and com- pletely, if the engineers are correct that there is sufficient water to serve all of the lands irrigable by the river. In other words, it is immaterial what alloca- tion of power is made as between the States, if there is sufficient water. That is the engineering answer. Mr. SINNOTT. You have the same information from your engineers as to the final resources of the river that Mr. Criswell had, have you? Mr. HOODENPYL. The same that Mr. Criswell had. Now, I want to add this further thought: This power compact commission 'has, I understand, until the 1st, of January to make its agreement. If it does not agree by that date and make its report, it is dissolved. If it does make an agreement and report by that date that will have to go to the various States and be ratified by the legis- latures, and by Congress, and that will take considerable time. And as Mr. Hoover said yesterday, this matter should go ahead immediately. When that commission makes a report and evidently it will make a report dur- ing the year if that report is approved it can be written into the distribution of this water and the distribution of this power, pending the construction of this dam and this project; and it should not be delayed on that account; because there will be no distribution of the power, and no distribution of the water, until plenty of time shall have elapsed to permit of the adjustment of questions involving the allocation of power and water, or the determination not to allocate them ; and then it will be up to the Federal Government to proceed. \o\v. just one other thought on that question and I am through : I do not believe under the law any water is turned to beneficial use. or that any prior right to the power is established by the construction of this dam. for this reason: Whatever prior right is established would rest in the Federal Govern- ment, and not in any individual nor in any property, nor would it become vested in any way, except that it would lodge in the Federal Government ; and all the States should have confidence in the Federal Government as to the proper distribution of that power and the proper distribution of that water, and to protect both the upstream and the lower stream. Just one illustration to make that clear: There are 500.000 acres of land in southern California and southern Arizona that could be irrigated. The Gov- ernment builds this dam. but the right of that land to the water will not become affixed and there will be no appropriation until the Federal Government permits the water to go upon the land. And that is equivalent to saying this: Suppose there are 100.000 acres of land in southern California that is irrigable by this dam, and the Government says there is not sufficient water for that land and the Government does not issue a permit for the water to go over it. Von can not say tinder those circumstances that the water right attached to that land, when the Government never permitted that water to go there. And that argues, to my mind, that there will be no attachment of a prior right until the water is permitted by the Government to go on the particular piece of land. I call your attention to that particularly, owing to the urgency of this matter, and I hope that this matter will not be delayed indefinitely to wait for a decision of the commission, or of the States pursuant to the decision of the commission, or in the event that there is no decision until the time expires. 110 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. Mr. RAKKR. Before you get through I would like to have you discuss this question, or to have some one else discuss it during the hearings: Do you think that the thing should be left up in the air. and that every legal step should not be taken to secure the Government's permanent right in this water, so that when it built the dam it would know definitely what its rights were? Mr. HOODKNI-YL. The Government would have the permanent right. Mr RAKER. But I do not think you people believe that it should all be left in the air. but that there should be steps taken so that the Government will know exactly what its rights arc. Mr. HOOUKNPYL. That is true when this thing is concluded. But unless y.-u h'nd some reason whereby the construction of this dam will violate a possible right and I think it docs not violate any possible right I think you should proceed to the construction of it. Mr. SWING. Your point is that the walls of the place where the dam is to be built, being 2.000 feet high, there could be no diversicn at the dam? After the dam is completed, there will subsequently be installed in the river below at some point the necessary works for the diversion cf the water on the Cali- fornia side or on the Arizona side, and that the diversion is the initial step for the acquiring of the water right? Mr. HOODENPYL. Yes: that would be the actual step. But I think whenever the Government issued a permit for that diversion, that that would fix the right as to the land covered by the permit ; and if there are 100.000 acres there as to which the Government does not issue a permit, there can be no right. Mr. RAKER. Well. I think there is something wrong in that theory, because there is nothing to give a right there; when you build the dam there and held back the Hood waters, you have got something for the Government: now. I think you should hold that down legally, so that you have not only the dam and the water under it. but have the right to go up the stream and control that water. The Government should have the same right as an individual or corporation if it puts in the dam and stores the flood waters. Mr. SMITH. Well, as this is to be constructed on the public domain, the Gov- ernment will have absolute control of it: no private individual can acquire any rights without the consent of the Government. Mr. RAKKR. I am not discussing that. I am saying that the Government ought to be protected in its rights. Mr. BARBOUR. I do not see any real disagreement between you and Mr. Hoodenpyl in this matter. Mr. RAKER. Possibly there is not. but I am strong in protecting the Govern- ment when it expends the peoples' money on enterprises like this, just as it has been done on all the Government reclamation projects. (Thereupon, at 12.05 p. m.. the committee adjourned until Friday. June 24. 1022. at 10.30 o'clock a. m.) C'OMMITTKE OX IRRIGATION OF AKII) L.\M)S. HOUSE OF REPRESENTATIVE. rriil'iit. .lunr .?.?. J!)22. The committee met at 10.30 o'clock a. in.. Hon. Nicholas J. Sinnott (acting chairman) presiding. Mr. SIXXOTT. We will now hear Senator Evans, the mayor of Riverside. Calif. STATEMENT OF HON. S. C. EVANS, MAYOR OF RIVERSIDE, CALIF. Mr. KVANS. Mr. Chairman. I will be very brief, because I want Mr. Xicker- soii. of the Imperial Valley, to have as much time as possible. I was sent here by the mayor and council of Riverside and the county supervisors to represent them in this matter. I went to California in 1876. I do not pose as an ex- pert, but my life has been spent on problems of this kind that is. in endeavor- ing to prevent our lands from overflowing along the Santa Anna River and other streams in California and in the development of land and the placing of settlers thereon. A short time ago we had a very serious flood in the Palo Verde Valley, which is shown on this map you have, I believe. I would like to leave these photographs with you to show you the seriousness of that flood. I went down at the request of the county supervisors and the Riverside city council, and we were there three or four days forming a Red Cross organiza- DEVELOPMENT OF LOWER COLORADO RIVER BASIN. Ill tion that took charge of anywhere from 40 to 75 families, about 30,000 acres of land having been overflowed and about 2.000 crops having been destroyed. I want to tell you that it would make your heart ache to see those families huddled up there on the damp ground and little children without anything to eat, without a blanket or anything at all. They had to get off in rowboats. on planks, and in every other old way in order to get out at all. You can imagine what a distressing thing it was. Mr. SINNOTT. Where does that appear on this map? Mr. EVANS. That is the Palo Verde Valley, right at Blythe. The town of Ripley. shown on these pictures, was entirely under water, including a $200,000 hotel. The water was standing about 4 feet on the lower floor of the hotel. The Hood came so quick, and they usually come quick, that the people did not have any time at all to even take the chickens out. or rheir clothing. They had to practically run for it. As I see it. this problem is an emergency one. I have been familiar with the Imperial Valley since its development first started. I went down there first with a team of horses before there was any- thing in the Imperial Valley, before there was even a road run. and I have seen every one of those towns start up and grow. I have been across thte Mexican border about 60 miles below the border and have seen those other lands that belong to the people in Mexico. There is no question at all about the tremendous urgency of this matter. As has already been stated to you, if that valley tills, of course it absolutely no outlet. I saw it when the river broke over into the Salton Sea. Many Riverside people went down there to look at it. It looked as though the South- ern Pacific Railroad tracks would be entirely destroyed. When I first went there, there was no transcontinental Southern Pacific Railroad through that section. When this flood broke through, in 1905 or 1906. or after that flood, the track was moved farther up the hill. It has been moved farther upon the hill each time there has been a flood. The flood continued to come in and, of course, that meant that the land was damp, which made the problem more difficult, and it would not take much more to absolutely destroy that valley. My county is so intimately interested in the Imperial Valley that it is hard to talk of anything concerning one without talking about the other. The State highway authorities of our State are building a concrete road clear through the eastern end of Riverside County into Imperial County and clear down to the Mexican border. There are many communities in our county, including Coachella, Mecca. Thermal, and Blythe. that have the same nature of soil as that in the Imperial Valley, and hundreds of our farmers are financially inter- ested in this matter in a great many ways. They raise in that soil a product that is not raised at any other place. In Riverside County, in the higher lands, where the cost of water is considerable, we can raise crops like lemons, oranges, and other citrus fruits, because those are crops that will stand that cost of water. On this lainl where only trees grow, you find very few dairies. The operations are almost altogether handled by tractors. In this other class of land you find large dairies, with horses, cattle, sheep, hogs, and all kinds of animals. Dean Hunt, of the University of California, has traveled tip and down that section of the State calling attention to the importance to our agriculture of the development of dairies and the absolute necessity for an increase of animal husbandry in our part of the State if our agriculture is to endure. He made a very startling statement not long ago when he said that the people of Riverside County could afford to pull up a whole lot of orange trees and other citrus fruit trees and put in alfalfa and other vegetable crops. if ny doing so they could encourage the dairy industry, because that would give them proper fertilizer in the growing of citrus fruits. Mr. RAKER. The dairy industry in the Imperial Valley would have to he on land that is not now irrigated? Mr. EVANS. Yes. sir; those are the only lands that would appeal to those people who would like to go into that industry. Of course, some citrus fruits are raised down there, but they are not anything like what they have in other counties where they raise them on higher land. There are some very tine and excellent fruit grown, hut it is mainly devoted to general farming, on account of the peculiar soil conditions and the ease with which it is- cultivated, to- gether with the relative cheapness of the water. Mr. SMITH. Are there not a great many cantaloupes raised in the Imperial Valley? Mr. EVANS. Yes. sir: there are a great many cantaloupes, cotton, and onions grown. It is the only place, with the exception of a very limited area in River- 112 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. side County, where dates are successfully raised. It might interest you to say that I have seen date trees, larger than those round columns on the Capitol transported successfully from one place to another. Now, let me say that Riverside is a city of about 22,000 population, and that valley is something like the rest of that country. Twenty years or more ago we started our municipal electric lighting system. We buy power from the Southern California Edison Co. and some from the Southern Sierras Co.. generat- ing a small portion of it ourselves. We are municipal ownership people, as are most of the people in that section of the country, including Los Angeles. Long- beach, San Bernardino, and other places. I try in a small way. to run some pumping plants, and there is a large number of people about my size that run two, three, four, or five sets of pumping plants. Personally, I run four. I run three of those plants on power procured from the city of Riverside, and the fourth one I am not able to attach electricity to, because only an outside com- pany could serve it, and I can not get a rate from them that would justify me in attaching electricity to it. I think it is a fair question, and you have indi- cated that in some of the questions you have asked the others, why this lower rate can be given by our city: Public utility companies are supposed to pay all of the State expense. We have an ad valorem tax for county and municipal purposes, and, of course, with them paying a State tax and our municipal plant not paying any is, perhaps, one reason why they, in justice to themselves, must be allowed a little higher rate than we are allowed. .Mr. SMITH. What do you mean by an ad valorem duty? Mr. EVANS. We are assessed and taxed on an ad valorem basis. They are allowed their rate by the State railroad commission. We believe in regulating public utilities. 1 think that is about all I care to say, other than this: I never have heard a word uttered in southern California, and I go around a good deal, indicating any desire on the part of Los Angeles or any particular city or locality to get more than its due portion of this water or power. We realize that primarily this is for flood control, and I think we realize the great urgency of the situation there. It would really be a catastrophe if Imperial Valley were obliterated, and that is what it would mean if the river broke over, as it intends to some day, unless something is done to prevent it. Mr. SMITH. You said that your city of Riverside and other cities in southern California would be willing to come in on the same basis as Los Angeles toward the reimbursement of the Government for the most of the proposed project. Mr. EVANS. So far as I have heard, our people express themselves; yes, sir. Of course we are not in as favorable a position 'as the city of Los Angeles. Los Angeles is in a unique position. In population and assessed values Los Angeles exceeds all of these other places. In its total assessed value it exceeds a num- ber of the Eastern States or a number of the Middle ?]astern States. If you have a visual presentation of it. you will realize that it is really wonderful how that section of the country has grown. Of course we would be bound by the laws, rules, and regulations that would govern in this matter. Certain towns in that section, like Riverside, Santa Ana. San Bernardino, and places of that size, would get together and figure out their fair proportion of this power. I have attended some of those meetings in Arizona and several in Los Angeles, and I have never heard anyone voice the thought that any one of the cities along the Colorado River would have more than its fair proportion of this power. We realize that this is a tremendously big thing, and we feel that the United States Government is the only power or the only agency to build it. Now, this Government is yours and mine, and if we have not faith in its justice and ability to work these things out. where in the world can we go to have anything done on a big scale? It is too tremendously big for us to undertake it locally, and we want you people in your wisdom to take it up. As to the details of the laws you will enact for the future development of the Colorado River, all of our people are perfectly willing to leave that to Congress. All that we want is a fair distribution of the water and power, upon such terms as will in time take care of this whole expense with a reasonable rate of interest upon the cost. We are perfectly willing in our section of the country to do that. I have never heard anybody say anything to the contrary- Mr. WILLIAMSON. About what is the total population of those smaller cities that you have mentioned? Mr. EVANS. They are all about the size of Riverside. They are cities of about from twelve, fifteen, eighteen, twenty, or twenty -two thousand people. DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 113 Mr. WIIJUAMSON. Are they growing rapidly V Mr. EVANS. All of them are growing rapidly. You have no idea how those concrete roads are building up the cities. Those roads are drawing the towns right together. I remember that I went through what is now Longheach years ago in a farm wagon, and I camped there right on the sand, where the town is now located. There was absolutely nothing there then, and I am still a com- paratively young man. I have seen Los Angeles grow from a very few thou- sand population to nearly 80O.IMM) population. I want to tell you gentlemen that you do not realize what the climate, the roads, and the boosting spirit of south- ern California can accomplish. You can not realize the absolute money-making possibilities, both in industrv and agriculture, that are being built up there. Mr. SINNOTT. Is it due to the climate or the soil? Mr. EVANS. It is both the climate and the soil, and it is the everlasting stick- at-it-iveness of the people, and their go-get-it spirit. They go out after those things, and they certainly get them. Primarily I am an agriculturist, and I look upon the agricultural side of it more than upon the industrial side of it, because that has been my life work. Mr. SMITH. The great success of that country down there is largely due to the enthusiastic spirit of the people. Mr. EVANS. Y'es. sir : we are all of one mind down there. Mr. RAKER. You say that you went to California in 1876, and are still com- paratively young. I went there in 1873. and I consider myself a kid. Four or five months ago There was some propaganda started by various cities in south- e'rn California with regard to the power situation, and they sent us clippings in regard to it. Mr. EVANS . v,. s . sir. Mr. RAKKR. That was in regard to Los Angeles getting the Colorado River? Mr. EVANS. Yes. sir. Mr. RAKKR. That has all been adjusted now? Mr. EVANS. Yes. sir: it has been adjusted very nicely. Naturally. I might say. the people of the small communities have had some suspicion in regard to these things, and there has been some feeling against the great centers of population, with their financial ability and quickness of action in taking hold of things. Naturally, the common people in these smaller communities be- came suspicious, and a lot of small papers came out with those statements. However, that has been adjusted at several public meetings. Mr. RAKKR. I suppose that your statement, so far as Riverside is concerned, would apply as well to the other towns you have referred to outside of River- side'/ Mr. EVANS. Yes. sir. Mr. UAKKR. You would like to see it allocated among all of those cities, so that, if the (iovernment should put in a main transmission line, all of them could have an opportunity to use this power at such a price as would pay back the original investment, with a reasonable rate of interest'/ Mr. EVANS. Yes. sir. I was at a meeting at Santa Ana. in which the mayors of about 10 of those cities took part, and they all gave voice to the same sentiment. Mr. RAKKI:. I understand that Santa Ana. Orange, and some other of those cities are short of power now? Mr. EVANS. Yes. sir. Mr. RAKKR. And the development of this Moulder Canyon Dam. with its 600.(MMI horsepower, would not in any way interfere with the general develop- ment there now'/ Mr. EVANS. No. sir. Mr. RAKKR. There would be sufficient use for the power now generated, as well as for that which might be generated by the Boulder Caiiyan I>am'/ Mr. EVANS. Yes. sir: I do not know where else they could go to get it. Mr. WIIXIAMSON. As to those smaller towns, would they have to have the current distributed by Los Angeles, or would they be able to cooperate and build some central distributing station of their own so as to distribute the electric current'/ Mr. EVANS. That is a detail, and I do not know whether Los Angeles would build a distributing system from which those towns would take current, or whether we would have to provide for the distribution ourselves. In Cali- fornia we have been up against this proposition before, and when we did not have a law to meet the emergency we went to the State legislature and had them to make one. We will come throuirh on this proposition ]\\ some means, and we will pay this bill. 114 DEVELOPMENT OF LOWER COLORADO RIVER BASTX. Mr. WILLIAMSON. You have no doubt that you will secure cooperation, so that this current will he taken care of and used? Mr. EVANS. I have no doubt about it, for the reason that we have practically reached the limit in that direction now. If we do not secure this, we have practically reached the limit of our growth. Mr. KAKKK. Your view is this, that your people would arrange at an early date so as to be able to assure the authorities before the money was expended that you would be on hand to use the power as soon as it was ready for de- livery. Mr. EVANS. We will either do that, or let Los Angeles take all of it. Mr. KAKKK. I suppose you would all get together and pi>t in a main transmN- sion line and have a main distribution point. Otherwise, it would be almost criminal negligence or destruction of property, because one main distribution line would serve the purpose. Mr. EVANS. Yes. sir. STATEMENT OF HON. W. J. CARE,, PASADENA, CALIF. Mr. CAKK. Mr. Chairman and gentlemen of the committee, I represent th*> city of Pasadena. I live at Pasadena, and am a practicing attorney in the city of Los Angeles. I am not a city official, but I am employed by the city of Pasadena to come here and state its [position in regard to this matter. Pasa- dena, of course, like all the cities of southern California, is tremendously in- terested in the Imperial Valley problem and menace. We feel there that whatever hurts the Imperial Valley will hurt us, and that whatever helps the Imperial Valley will help us. AYe are very much impressed with the appealing character of this project. We are directly interested in the power end of it. The city of Pasadena, like the city of Riverside, has had its own municipal lighting system for a great many years. It has its own generating plant, and it has a complete distributing system. I might say that the city of Pasadena has perhaps, 50,000 inhabitants. At the present time Pasadena buys its power at wholesale, and it finds it much more advantageous to do that. For the part obtained from the city of Los Angeles, under an old contract which is very ad- vantageous, they pay 0.06 cent per kilowatt hour, and for the part ir obtains from a private company it pays a price about twice that. The city of Pasadena, looking toward the future and endeavoring to pro- vide for its future wants, desires a more permanent power supply for its needs. Pasadena has a large bonding capac'ty. It is extremely anxious to participate in this project, and will he glad to take such power as may be fairly allotted to it. I think we can act more promptly in a financial way than any ordinary private corporation. The people of Pasadena have always voted bonds by very large majorities for anything that was necessary for the extension or develop- ment of its lighting system, and none of the propositions that have ever been put up to the people have been as attractive as this would be. having in mind the very low cost at which we could secure power. I agree with Senator Evans as to tin 1 sp'rit of cooperation among the cities. There has been a great deal of talk about how the matter would be handled, and the consensus of opinion lias been that, perhaps, cities like Los Angeles and Riverside, which are pre- pared to take it a little more rapidly than the other cities, and which are financially in a stronger position, would take the lead. I am sure, however, that they will be very glad to reserve any benefit to the other cities that is fair and proper, and I believe that it would be a good suggestion to provide that the Secretary of the Interior may attach proper conditions to any permirs issued, so that they would have to allot it fairly. Mr. KAKKK. Is it your view that if the Government should build Hie Houlder Canon Dam ar a cost of about $40.000,000. and. in addition, distributing lines, or a main distributing line for a certain distance, to cost another considerable sum. it should be repaid for the full amount of the construction charge and for the maintenance and upkeep cost, with a reasonable rate of interest upon the outlay from the time the work began? Mr. CAKH. Yes. sir: I do not see any reason why that should nor be done. Mr. KAKKR. Do you think that your people would be willing to meet those conditions? Mr. CARR. Yes, sir: we are ready to do business upon the same basis that private companies are. and pay interest during the construction period. That would be perfectly satisfactory. Mr. RAKER. And that would be satisfactory to the people of Riverside? Mr. EVANS. Yes, sir. DEVELOPMENT OF LOWER COLORADO RIVER HAS IX. 115 Mr. RAKER. Do you think that is about the attitude of the people of Southern California generally? Mr. CAKR. Yes. sir; I think so. The power would be so cheap that they could well afford to do it. I do not think you will have a bit of difficulty in disposing of the power, and I think there will be quite acute competition to secure it. We might need to see that the rules governing the distribution of the power are fair, so that every section may have a fair chance. Mr. KAKKK. Leaving out for the present any question of benefits in the way of flood control or in the way of irrigation, and looking at it solely from the point of view of generating electric power at the Boulder Canyon Dam. your view is that the entire 600,000 horsepower that can be generated by this dam would be readily taken up by the people of Southern California, and you think that they would be willing as they must be, of course to allocate it among the cities in an equitable way? Mr. CAKR. Yes, sir. Mr. RAKER. And that, as a matter of power alone, you people would be willing to build the dam, but you have not the ready money and can not arrange of the bill is a grant to the Secretary of the Interior to allow the purchase of property in the State of Arizona by such political subdivisions " That would mean counties and cities in California ' that shall have been allocated rights for the generation of power. This, of course, has particular reference to the city of Los Angeles, Imperial Valley, and other cities in southern California and the State of California, and it does not appear to me that either the State of California or any political subdivision of the State of California should be permitted to purchase and own property that might be determined to be real property, of the character referred to, in the State of Arizona in perpetuity, and. therefore. I object to section 5 in its 1 1 resent form. "I realize that if the Boulder Canyon dam were constructed at the present time it would be necessary to allow a portion at least of the power to go to California points, as well as Nevada and I'tah. because there would not be a market for all the power that could be produced there within the State of Arizona, and I see no objection in that : but to allow Los Angeles, for instance. to come into the State of Arizona and purchase the power plant and lands necessary in its operation, or the dam and plant to hold in perpetuity. I think is going tp!0 far. There should be a time limit on any possessory right owned, by outside political subdivisions, at the termination of which either the Gov- ernment of The Tinted States or the State of Arizona should have the right to take over the property and rights attached thereto." It appears from this letter that the same thought is in the minds of the people of Arizona as'that which you have expressed here, that if the Boulder Canyon Dam is built by the Government of the United States this bill should 116 DEVELOPMENT OF LOWER COLORADO RIVER BASIX. make it perfectly plain that only the Government should have any right in per- petuity in it. Mr. GARB. My observation is that States and cities frequently get into appar- ently very heated controversies, but when they sit down around the table and talk it over they have no particular difficulty in adjusting their controversies and they get along pretty well. That has been our experience. We have our local fights, but we always adjust them very nicely, and I have no doubt that could be done in this instance. There, is no doubt in my mind but what Arizona. Nevada, and all the other States should be very fully protected. I do think there is an absolute community of intei-est there and when the whole matter is talked over and adjusted by the Secretary of the Interior I do not believe you will find anything remaining to be adjusted as between Arizona or any of the other communities and our people. I think you people will want to be more than fair with us and our people will want to be fair with the other communities. Mr. RAKER. Mr. Hayden's question and your answer do not intend to leave the impression with the committee, which would go to the House, that this dam or any part of it would be turned over, or any interest in it, in perpetuity to anyone. Mr. CARR. No; the bill specifically provides that title to the dam shall always, remain in the Federal Government. He is talking and I had that in mind in answering with regard to the power plant. Mr. RAKER. Well, the Government would own the power plant, which would be a part of the dam. They would all be connected together? Mr. CARR. Yes and no. Mr. RAKER. Just a moment. Because of this diversity of interest in the sev- eral States the Government ought to retain full control so as at all times not only now but in the future to properly allocate that power to the various interests and so they would all get a fair deal. Mr. CARR. I think the Government could retain control so as to see that there is a fair allotment to the respective interests. I agree with you on that. I said yes and no because the. original bill did not contemplate that the Govern- ment should actually build the power plant, while Secretary Fall's suggested scheme does. However, that is a detail the committee will have to work out. Mr. RAKER. \Vhat is your view as to the power plant and the main transmis- sion line? Mr. CARR. My idea is that it should be left optional with the Secretary, after a full hearing, to decide whether he should build the power plant or not. Mr. RAKER. Leaving out the transmission line, the Government owns the dam? Mr. CARR. Yes. Mr. RAKER. Then why turn over the power plant to individuals? Mr. CARR. I think it will be largely a financial question with the Government and one that ought to be worked out by the Secretary of the Interior, taking everything into consideration. I think our idea generally is that they should give him fairly broad discretion in working out the best way. because you can not foresee everything. Mr. BARHOTR. The people down there have no objection to the Government retaining possession and ownership. Mr. CARR. No. I believe that is purely a matter of detail to be worked out after a full hearing. If you will excuse me. I know Mr. Nickerson can help the committee most, although I dearly love to answer questions. Mr. RAKER. This is a big matter, and we did not want you to leave ns too quickly. Mr. SixNOTT. The next witness is Doctor Walker, president of the State farm bureau. STATEMENT OF DR. W. H. WALKER. Doctor WALKER. I have been over the Imperial Valley several times and Mr. SIXNOTT (interposing). Will you state to the committee who yon are and whom you represent? Doctor WALKER. I am Dr. W. H. Walker, president of the California Farm Bureau Federation and a member of the executive committee of the American Farm Bureau Federation. I am here representing the California farmers. Mr. SIXNOTT. Where do you reside? Doctor WALKER. I am a resident of Willows. Calif., nd my office is in Berkeley. DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 117 Mr. RAKER. How long have you been in this work? Doctor WAI.KKK. Alxnit four years in the farm bureau work. Mr. RAKER. What was your work before that? Doctor WALKER. Physician. Mr. RAKER. You were doctoring' agricultural interests? Doctor WALKER. No; I was doctoring Senators and Representatives. I have been over this area all over the State and through the Imperial Valley many times. I know of no State on earth where the whole work is up to the man as much as it is in the Imperial Valley. Water is an absolute necessity for the men in that valley in that it becomes very vital to them. Now. as to tlie matter of protection : In my opinion the situation they are in right now. and under the conditions they are working. Financial assistance is practically denied them. That is because of the manner in which they are compelled to operate, and they can not develop that country with the handicap they are carrying now. The Federal land bank has denied them credit and the local banks are practically denying credit because of the conditions under which they are working and with this fear hanging over them. As to the matter of the danger of silt and that is all in these reports, and I can not but agree with them you will rind a tremendous amount of silt coming in there, even along the irrigating ditches, and it sometimes gets so high as to bank the fields from the roadway as you drive along. That is building up this dam and rendering a danger there. As to the matter of objections to the opening of new territory because of the precipitation of increased production, I would like to say that I have heard some people say that there is an overproduction in the country at the present time, but the California Farm Bureau and the American Farm Bureau Federa- tion do not stand for any such statement as that. We are strongly in favor of reclamation and development because we know America is fast approaching the period when it will be an importing Nation on foodstuffs. We have almost reached that point now. and the best authority as to that and I have looked that up is the Assistant Secretary of Agriculture, and. if I may, I will read what he says in that respect : "This Nation is rapidly approaching a critical period in her development. She has long been one of the greatest food-producing nations of the world and has also been a large exporter from her abundance. Now. however, she is rapidly approaching the time when she will need all her own production and possibly more. * * * Taking the crop production as a whole, statisticians have figured that we are becoming a food-importing rather than a food-exporting Nation within the period of from 15 to L'5 years. In fact, the situation is worse than that we are to-day importing more food than we are exporting, measured by money value." I have heard it stated that the ratio of increase is something like 15 per cent, while our increase of food production runs only about 10 per cent, so that there is about a 5 per cent margin between the two. and we will need this additional land. It must be developed if we are to keep pace in supplying our food and also our raw materials as a Nation, and yet, in face of that fact, some People hold up their hands in horror and say we are about to precipitate condi- tions which will make that worse when, as a matter of fact, it is not over- production that is troubling us. Mr. SIXXOTT. That was the argument advanced against the homestead bill. Doctor WAI.KKK. Yes. Mr. SMITH of Idaho. What particular individual or organization of any im- portance is contending that we do not need more land under cultivation? Doctor WALKER. I have seen it in magazine articles. I would not say any organization: but we want to go on record, the American Farm Bureau Fed- eration and the California Farm Bureau Federation, as not believing in that theory and we are not working along those lines. Mr.' SMITH of Idaho: There is a farm paper published in Springliel 1. Mass.. of which Mr. Herbert Myrick is editor, which argues from that standpoint: in other words, applying the "closed shop" idea to agriculture. Mr. SINXOTT. The legislative representative of the National Grange appeared before the Public Lands Committee and advanced that argument two years ago. Doctor WAI.KKK. That which I have quoted is from Dr. E. D. Ball, Assistant Secretary of Agriculture. Mr. HAYDEX. Is it not also true that even if there were any merit in the contention that more foodstuffs are being produced in the United States than 118 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. are necessary, that the character of crops grown in California, and particu- larly in the Imperial Valley, are such that they do not directly compete with the communities in the East where that argument is advanced? Doctor WALKER. Not so much. That section of the country would not com- pete with the corn belt, and yet I have gone into the Imperial Valley and made contracts for grain deliveries under our cooperative marketing down there and we got considerable grain. But, of course, there are other products which would not compete, such as vegetables, lettuce, melons, and such as that. Mr. HAYDKN. Crops which can not be grown in other parts of the United States at the season of the year during which they are produced in the Im- perial Valley? Doctor WALKER. I was in Portland before the chamber of commerce less than a year ago and the charitable societies there had 600 families on their hands. Afterwards I learned that within three hours' ride of Portland hundreds of carloads of produce were rotting in the fields, and yet they had there hun- dreds of families in need. That was not overproduction of food, hut it was inability to distribute and there is where your trouble is. You will find that condition not only in Portland but right here in Washington. Mr. RAKKI:. Doctor, in your connection with the American Farm P.ureau and the California Farm Bureau during the last four years have you had an op- portunity to make a study and investigation of agricultural production in the United States? Doctor WALKER. Well, in a general way. Mr. RAKER. From that observation, taking the development of the Imperial Valley under this irrigation scheme, the land in Arizona and the general idea of reclaiming this arid land, would that mean an overproduction of farm prod- ucts in the United States? Doctor WALKER. Not at all : I do not consider it would at all. Mr. RAKER. According to your view would the production in these Western and Southwestern States in any way interfere with or be detrimental to the farmers of Kansas, Iowa. Illinois, and Indiana? Doctor WALKER. I do not think so. Mr. RAKER. That argument has been made, not only before the Public Lands Committee but before this committee. Doctor WALKER. Speaking for California alone, we do not raise enough pork to supply California, we do not raise enough wheat to supply California, and we do not raise enough barley to supply California : we ship it in, although there is an export type of barley that we do export. So that of the grains that affect the Middle West, there is demand for them right there in California, a demand for more than we are producing at the present time. Mr. SMITH of Idaho. Is it not true that about 60 per cent of the farmers of the country simply raise sufficient products for their own use and do not enter the markets very extensively? I know that was true in eastern Ohio, where I was reared. The farmers did not have much to sell; they raised enough for their families and sold only enough to buy some sugar, coffee, and a few clothes, and it seems to me we ought to look to the interests of the great mass of the people who want a home on the soil and only can raise enough to sustain them- selves and raise their families as well as to those who farm for the purpose of getting rich. Doctor WALKER. Of course, all farmers have to sell something in order to get other necessaries and they sell it in the form of some food. But if we should go into that and I should attempt to tell you what has happened to fanners in the last four years it would make you weep their inability to dispose of their products at a reasonable figure. Mr. SMITH of Idaho. The farmers who are embarrassed financially are the large producers who have invested large capital and have to raise a great deal and get a good price for it. The ordinary farmer on the hillside has not had such a hard time, because he has his cows, his pigs, and his sheep, and he is not financially embarrassed TO an unusual extent. Of course, you folks out in Cali- fornia may not know about the small farmers, but there are a great many of them throughout the United States, and there should be land made available for a million more. Doctor WALKER. I know of many small farmers that that picture does not fit. as far as that is concerned. Mr. RAKER. Just a moment. Mr. SINNOTT. This is going to take us pretty far afield. DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 119 Mr. RAKKK. Not this question. This question is right square and will hit the bull's-eye. My colleague from Idaho suggests that the small farmer raises no more than is necessary for his existence; hut is it not necessary for him to raise wheat, harley, chickens, and other things to sell so that the men in the city may get something to live on? Doctor WAI.KKR. Yes; I should say that it was necessary to do that. Mr. KAKKK. And that is why we are trying to advance the fanner, so that he can raise enough for himself and his family and also something to sell in order to supply these necessaries to the man living in the city. Doctor WALKER. I agree with you on that. Now, right on the line of over- production : We have reached the peak of production in the United States, and unless we farm very carefully and conserve our resources and apply more fer- tilizers we are going to slide hackward more and more. We have developed all of the virgin territory, and this area not only needs fertilizers but it needs electrical power. An electrical journal published in California the National Electrical Journal, I think is its title states that California uses more power for electrical purposes in agriculture than all of the rest of the United States put together, and we have a tremendous power problem facing us. You people talk about 000,000 horsepower and get scared over it, but I would like you to know that right at the present time in California the power companies, upon which they are asking an 8 per cent guaranty on their capital investn.'ent, are asking the railroad commission, which is their carolling body, to allow them to develop $900,000.000 for electricity that is needed immediately and enough to make it $1,600,000,000 for the electricity that will be needed in the next 10 years that is, as they say, to take care of the demands of California in the next 10 years; so that the power that will be developed at the Boulder Canyon Dam will be more than consumed before you are ready lo sell it. Mr. RAKKI;. That statement, in a more or less degree, would apply to Oregon. \Vasliington. Nevada. Utah. Arizona, and all of those Western States? Doctor WAI.KKR. Absolutely, because in any one of those places by pumping, for example, you could put the lands under irrigation, and wherever you can raise sage brush and can put water on the land you can raise fine crops. Mr. RAKKK. Would that development in any wise interfere with or be detri- mental to the United States so far as the Middle West is concerned? Doctor WAI.KKH. Not at all, but it would be a help, in my opinion. Further taking up that ]wint, the absolute necessity of more agricultural power and cheaper power, the very existence of some of those places in the Western States depends on it. Cheaper power will also mean cheaper transportation, and that is another thing they depend on, and right along that line we are reaching the stage where we absolutely need that power. It will make our fertilizers. Every- thing that has been said in favor of Muscle Shoals will absolutely apply to the development of electrical power in this region. Mr. RAKKR. You mean by that, that by virtue of developing hydroelectric power all through that intermountain region, from the Canadian bonier clear down 10 .Mexico, we will be able to furnish it to the railroads so that they will be able to assist in transporting our products from the West to the East? Doctor WAI.KKH. Yes; and it will conserve our oil. All this will be found in this report. We will be able to save many barrels of oil. The Southern 1'acilic is burning oil and they could electrify their roads by developing more power, especially where wood and other fuels are scarce. So that the very existence of the people practically depends upon this. I visited the Canadian plant with Sir Adam Reck and T saw how they are using electricity there and I saw how niggardly we are using it. I saw how all of that great possibility was going unchecked and I saw how all of that water from the western part of the Rocky Mountains was going to waste. It is not only going to waste/ but it is endangering the lives of about fifty thousand people in the Imperial Valley. It is a rich valley : it thrills a person to go in there and see what wonderful accomplishments man has been able to make. They have made that country like a garden, and from the standpoint of the safety of those people, from the standpoint of the national policy of increasing production. 2ro]i\ the standpoint of increasing the power for fertilizers and for cheaper power I see no argument against this and every argument for it. Mr.. RAKKR. We have one other argument ; that they will be able to produce gold, silver and other nrnerals in that country that they can not produce now because of the excessive price of fuel. 1316 22 PT 3 4 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. Doc-tor WALKER. Not only that, hut if you want to open up the chemistry side of it you get into a field that has wonderful possibilities. Cheap aluminum can he furnished there practically at the same time you are making fertilizers and one or the other will pay for the cost of production, so that you will either have fertilizer free or aluminum free. Mr. RAKER. Have you any other good things? Because, you know, there are a good many opposed to this development in the West, and if you have any other good things let us have them so we can show them to our good colleagues from the East. Doctor WALKER. Well, as to your colleagues from the East, I have profound respect' for them, but they ought to go West and see what the possibilities are and unlock some of the possibilities which will make life a little more liveable for the people out in those desert areas; they can do that and at the same time add commercially to the stability of the United States. You take any man in chemistry and let him unlock the possibilities of that country and it is wonderful what can be accomplished. We have all of those minerals and all of those metals. They have not been adequately developed before and if they are fully developed we can make that a more wonderful place than anyone ever dreamed of its being. I think that concludes my statement. Mr. SIXXOTT. The next witness is Gray Silver. STATEMENT OF MB. GRAY SILVER, WASHINGTON REPRESENTA- TIVE AMERICAN FARM BUREAU FEDERATION. Mr. SILVER. Mr. Chairman and gentlemen, my name is Gray Silver and I represent the American Farm Bureau Federation. Mr. SIXXOTT. You are the legislative representative of the American Farm Bureau Federation? Mr. SILVER. Yes, sir. Since Doctor Walker has testified just ahead of me and told the story. I scarcely know what there is for me to say other than that, in a general way, the American Farm Bureau Federation is not opposed to projects of this kind, but, on the contrary, thinking not only of food production but of protecting the property and lives of those people who are jeopardized and thinking of the power production for other purposes, they are very much in favor of that kind of development. The kind and amount of crops that will be developed by this project will not be so large as to affect the markets, and, in addition, as the doctor has so well told you. we will soon have overtaken our normal production of foodstuffs in this country. It will take some time for a project of this kind to be constructed and some time for the results to be taken to the market, so that in looking ahead it is not at all one of those developments that can be viewed from the point of being harmful to our people. The electrical side or the power end of it makes a strong appeal to every farmer and the pledging of public credit for this kind of development is sound, right, and proper, because 80 per cent of the cost of electrical current is in- terest charges. If you develop this power by the method you propose here and pledge public credit on I do not know what the basis may be, but, using Muscle Shoals as an illustration, 4 per cent instead of 8 or 10 per cent, which is the usual cost of money for private development you at once cut the cost of cur- rent in half ; you make a 50 per cent decrease in the sale price by that one move. Then, as you amortize the capital cost you make a much greater re- duction. By the amortization method of financing, as proposed in the Muscle Shoals case, you repay all the capital investment and have your power for the cost of maintenance, operation, and depreciation. In other words, using the figures which I have on Muscle Shoals, and they apply to this project, east of the Rocky Mountains in this country the per- year horsepower cost of electrical current is about 830 on the basis of all the market will bear; if it is developed on this public-credit basis with the amortization feature, when the amortization is complete it will cost around s~>. That will enable not only the production, where the ore is available, of certain grades of steel by the electrical furnace at about half the present cost of production by the coke-furnace- method, but it will permit, on a very much more economical basis, the fabrication of steel the making of tractors, the making of binders, the making of trucks, and the making of other imple- ments from steel, as well as the fabricating of wood the manufacture of all those things that are made of wood, in which power is a large factor, and DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 121 while, when you make the cheap electric current, you make all of those things jKissihle you mr.ike more possible the carrying of this current to the farm homes and you take the drudgery out of the farmhomes. If the sale price of the current is made cheap enough the farmers will be justified in buying it. Electricity on the farm, sold at a reasonable rate this rate obtained by de- velopment at low interest rates with amortization of capital investment will reorganize a vast number of farm operations, reduce the cost, improve and increase the man power of the farm. Electric motors will furnish water every- where it can be used advantageously ; electric milking machines will relieve the farmer from one of the most trying chores he has to perform. Electric motors will hoist the hay to the mow. grind the feed, thresh the grain, turn the grind- stone, and we may even find eventually that high-powered electricity will be practical in stimulating certain kinds of plant growth. Net only will it rejuvenate the farm from the production standpoint, but home life will be reorganized and much of the drudgery removed. Farm home work will become more as it now is in the city. The electric stove, w r ith its automatic control, will do away with the long hours day in and out all the year through. The housewife has had to stand over the hot cookstove. with resulting colds and often followed by ill health, to say nothing of the enforced neglect of children and denial of self-culture and social intercourse and other household duties. With this electric method of cooking, after the food is pre- pared and placed in the stove, the housewife, in addition to having a clean, smokeless kitchen with temperature not above the remainder of the house, has a 'room suitable and comfortable for any domestic purpose. She also has the time of the cooking period at her disposal ; for by this electric method there would be no fires to repair or keep going, so this time can be spent on the children or other household duties, or visiting the neighbors or on Sundays going to church, to come back at the hour previously determined and serve a good meal, well cooked, with all the tedious, burdensome, and difficult details done away with. The housewife will wash the dishes by electricity instead of the old way. which was trial to the women every meal: wash the clothes by electricity and save all the back breaking and hard rubbing over the wash- board and steaming suds; rinse by turning a faucet and wring by turning a lever: iron with the large electric iron or mangle, by which a two days' ironing job is done in two or three hours. All this means so much to the housewife that I can hardly convey to you the full import. And so with many other labor-saving devices and much comfort-making equip- ment, all available when cost of electricity is in proper relation with the sale price of farm productions. We have lived in the coal age for a number of decades. We are just beginning to emerge into the electrical age. " White coal " is the power of the future. Hydroelectric power is. and probably always will be, cheaper. So economical, necessary, and popular will electric power become that before many decades coal will probably be utilized at the mouth of the mine rather than increasing its cost by expensive transportation. Mr. RAKER. You mean the farmer will not have to do like you and I used to have to do. get up at about n o'clock in the morninsr and milk the cows in the dark, but they w>ll have electric light to see how to do it? Mr. STI.VFR. They will have electric light and electric power to do the milk- ing, instead of using their hands. Most of the dairies in my home section are now operated by electricity. I am not speaking of the small dairies, but of dairies of some size. This electric power will be used to make ice instead of cutting it. and if you ever did it, you know it is not a nice job to cut ice in the wintertime and store it up for the summer. Refrigerators \vill be wired to use electricity and make little cubes of ice as they need them daily, and not try the patience of the women folks awaiting for the men to come and get ice from the ice house. All of these things are not being guessed at. but they are actually being done, and the limiting factor in the use of it is the cost of elec- trical current. Mr. HARBOUR. They could heat their houses with it. Mr. SILVER. In my home for the past ten years we have cooked wholly by electricity, and it is not an unusual thing in my community. On many farms the cooking is done entirely by electricity. It is a matter of great comfort to the housewife to be able to prepare a meal and cook it on an electric stove. Then, either by setting the switch which turns on the hont at a certain time as may be required or by setting it so that the switch will be thrown off when the proper heating point has been reached, the housewife can go to church, 122 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. if you please, on Sundays, or if it is on a week day she can make a call, know- ing that the meal will be properly cooked with no danger of burning. There is no possibility of burning the food, but the heat is simply turned off auto- matically when the temperature reaches a certain set point which is the proper heat for cooking whatever kind of food is in the stove. The food is cooked in a tireless-cooker compartment alter it has reached the right temperature. Nothing is burned or overcooked and nothing is undercooked. There are many different kinds of things that can be done with this j>ower on the farm. For instance, carrying water is not an attractive job to the boy, and that can be done away with. Those things will be done away with on all the farms where the current can he obtained economically or cheaply enough to enable the farm- ers to take it. Mr. RAKER. You would be able to do away with the noon-hour job for the boy of turning the grindstone, because the grindstone would be turned by elec- tricity, and the boy would be given some rest. Mr. SII.VKI:. Yes. sir. Then, think of the railroad situation. Electricity is going to bring cheaper transportation by rail than we have ever had. Has it ever occurred to you that 25 per cent of the freight cars now on the rail- roads would, by using electricity, give the public the same service that loo per cent are giving under present methods v For instance, 800 miles of the Chicago,, Milwaukee & St. Paul Railroad have been electrified, as some of you know, and it has been shown that they carry freight 14 miles per day as against 7 miles per day by steam power. Barring the time that would be taken in load- ing and unloading, it would mean that half the number of cars that are now in use would move the same amount of freight if they were electrified. Mr. SMITH. Why is the movement of trains expedited so greatly when the roads are electrified? Mr. SILVER. There are several reasons. One is illustrated by the experience in West Virginia on a bad grade, in going tip the grade to BHietields' and Roanoke, where before electrification took place it was one of the most d'fticult grades to get trains over. A steam engine pulls by jerks, while an electric motor pulls steadily. Before electrification took place, freight trains were so continually breaking down and being pulled in two that they laid a special passenger-train track around those hills so that the passenger trains might pro- ceed. The freight trains almost always had the line blocked. In the eight years since the electrification of that piece of road there has not been a single drawbar head pulled out or a single break in those freight trains. The freight trains have been made even longer on that road, and with exactly the same kind of equipment; but with a different kind of pull, they avoid that difficulty. Another consideration is this: The steam engine must be run in every six or eight hours to be looked over by hostlers and caretakers. It must be rested and rejuvenated for the next trip, while the electrical motor will run for -0 hours or more without stopping. The electric motor runs in a different way from the steam engine and it is operated in such a way as to give the tra : n added speed and, further, it picks up speed much quicker and stops i] nicker. and, as I have said, it makes fewer stops. That, of course, means more time gained. As I have said, there would be a saving of 50 per cent in the matter of cars because of the saving in time. Then. 25 per cent of the cars. or. to be exact, 23.8 per cent of the cars, now being operated in the freight service are used for hauling coal and other things in connection therewith for the railroads' operations, so that there would be a saving of approximately 25 per cent more in the matter of cars with power carried on wires. The public could get as much service out of 25 per cent of the cars as it now gets out of 100 per cent if the lines were electrified. That, of course, means a great saving. It is so great that I do not know how to estimate it in dollars. It should mean cheaper freight than we have ever yet enjoyed by any kind of transportation facilities. I shall not testify any longer, except to say that we are in full sympathy with this development. We are in sympathy with it because we bel'eve that it is sound and logical and we- believe that it is needed. If we do not have a better distribution of food supplies than we have had recently we are undone. We must have improved means of distribution. Mr. WILLIAMSON. Have you any idea what would be the percentage of re- duction in the cost of transportation that would be made possible by electrifying the railroads? Mr. SILVER. I would not know how to give you that estimate. I do not have that estimate. DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 123 Mr. Wn.i.iAAiso.N. How much would it reduce the cost of operation, approxi- mately? Mr. SILVER. I do not have that information. You could likely get that from the superpower survey or you could probably get from them sonve interesting statistics on that phase of it. I do not have in mind just what the economies are, but they are very great. For one thing, the labor is less and it involves a simpler process, requiring fewer men. You do not have the same trouble in training men to operate electrical motors that you have in training them to operate steam engines. It is not so long a process and it would avoid labor conflicts to some degree. It is very desirable from every viewpoint, and the argument that we can never find the nvoney to make this development is not well founded because the economies would be such that there would be a great saving in the end. There would not be required anywhere near so much rolling stock as is required at present. However, I believe that these natural re- sources should be developed by pledging the public credit so that the public in that way may maintain its equity in them. Mr. RAKER. So it is our view that the development of this Boulder Canyon Dam, and other developments along the Colorado River in connection with those seven States in the Southwest, would be developments of as great advan- tage to the people in that section as tbe development of Muscle Shoals would be to the people of the Southern States? Mr. SILVER. To my mind it is in the same class. I think it is the sanve kind of development and will he helpful to the whole people. The two projects should be classified alike. The same purposes are served. In the West there is a limitation placed upon production by the amount of water available. It is not a matter of plant food because you have the fertilizing elements in this soil in the West. In the East we put the water over the wheels and take from the air the fertilizing elements required for the soil. They are using natural resources just the same but applying them in a different way. Mr. RAKER. You think that the Government would be thoroughly justified in entering UJKHI a development work like this? Mr. SILVEK. Yes. sir. I think that is the way to make progress in production, distribution, and home making. I thank you, gentlemen, for your attention. STATEMENT OF MB. J. S. NICKERSON, PRESIDENT OF THE IMPERIAL IRRIGATION BOARD. Mr. NICKERSON. Mr. Chairman and gentlemen of the committe, I represent the Imperial irrigation district, and am sent here for that purpose. We have in that valley 50,000 people, and we have 450,000 acres under cultivation, more or less. I am president of a Mexican company, down in Mexico, as Judge Swing told you, which is a wheel within a wheel. The directors, there being three of us, hold that Mexican stock. We have in the neighborhood of 200,000 acres there under cultivation. Therefore I ought to be able to give you the farmer's side of it fairly well in going over the local conditions there. Now, in Mexico we have 133 miles of main canals to maintain, and of levees we have 75 miles. We have 50 miles of railroad track on those levees that we must keep up and operate. Now, why do we want to change our condition, and why do we want to get out of Mexico and build this all-American canal? In the first place, the cost to the people below the line is $2.50 per acre a year to irrigate, while on the American side the cost is $7 per acre. That is a pretty good reason why we -should want to get out of there. With this new canal we would have 150,000 or 200,000 acres of land that would be brought under ciiltivation. That is the largest and best body of land now available in the United States. Mr. WILLIAMSON. I understood you to say that the cost of irrigation on the Mexican side was $2 per acere, while the cost on the xXmerican side was $7 per acre. Mr. NICKERSON. I said the cost was $2.50 an acre on the Mexican side. Mr. WILLIAMSON. Then it would be to yorir advantage to remain on the Mexican side, would it not? Mr. NICKERSON. That is what it cost them to get their water on the Mexican side, or the actual cost that they pay for water is $2.50 per acre, while it costs the farmers on the American side $7 per acre. Mr. BARBOUB. And you take the water through the same canal? Mr. NICKERSON. Yes, sir; we must maintain the canal at the expense of the people on the American side. Mr. RAKER. Can you tell the committee now just why that condition exists? 124 DEVELOPMENT OF LOWER COLORADO RIVER BASIX. Mr. NICKEBSON. I can tell you why we want to get out of Mexico. As I have said, there is that difference in the cost of water, or that difference between the cost of water used on the American side and the water used on the Mex- ican side. There is quite a difference in the cost. As I have said, this is the largest and best body of land that is now available in the United States to-day, and we have provided in this bill that the Legion boys shall have a preferential right to that land. They are anxious to get it, and they will get a preferential right to it. Mr. LINEBEBGER. By Legion men you mean ex-service men? Mr. NICKERSON. Yes, sir. Mr. RAKER. You have stated that on the Mexican side the cost of the water was $2.50 per acre per annum, while on the American side the cost was *7 pet- acre per annum. Mr. NICKERSON. Yes. sir. Mr. RAKER. And it has been stated that they take it out of the same canal and from the same dam. The same dam supplies the water from the river, and it is run in the same ditch. Now, why is it that on the Mexican side they' are obtaining water at a cost of $2.50 per acre per annum while on the American side the cost is $7 per acre? Will you teil the committee why that difference exists? Mr. NICKERSON. I will tell you: They pay the same price for water, or they charge the same as we do, but there is a difference in the cost of maintaining the canal. They do not pay for the maintenance of the canal. We have to pay for the water on the American side, and we must pay for the maintenance of the canal. Mr. RAKER. Why do they not pay their proportionate share of the cost OL maintaining the canals, levees, and railroad? Mr. NICKERSON. In the first place the contract does not specify that they have to do it, and, in the second place, there is no Mexican Government to deal with. During the last year there have been some three or four governors down there, and yon can not hope to do anything with that kind of government. As a mat- ter of fact, there is no head of the Mexican Government, and Mexico is in reality a revolutionary foreign country. Mr. SWING. Is it not a fact that they can not be charged any more for water than the Mexican Government will consent for them to be charged? Mr. NICKERSON. Yes, sir; that is the reason why. Mr. RAKER. There was a contract between the owners on the Mexican siik- and the owners on the American side? Mr. NICKERSON. There was an old concession of a private company which has been handed down two or three times, and we are the last ones to hold it. Under that contract they were to take all the water they wanted, up to one-half of the water, and there was a price fixed for the water. Mr. RAKER. And in that agreement you overlooked the fixing of the cost of maintaining the canals, levees, and railroad? Mr. NICKERSON. Well, those levees are something that have shown up since that contract was entered into. It has been shown here that the conditions on the river changed so rapidly that no one could keep up with them. Mr. RAKER. Everybody else here may understand it, and I do not want to be the only one who is dense, but I want that matter clearly explained. Here is water furnished from the same river, diverted by the same dam, taken through the same canals, with the same levees and the same railroad used to maintain the water supply, and I want to know why these Mexican people do not pay their proportionate share of the cost of the maintenance of the canals, levees, and railroads? Mr. NICKERSON. Because they do not have to. There is no government there, or there is nobody at the head of the government. I went down there a year ago last February to Mexico City and told them what our condition was down there. They smoothed me down the back in the Mexican way, and said that I was absolutely right about it. They said they thought they should help, and they figured we should have half a million dollars in gold from them. I said to them, " Well, if you will give us $15,000 or $20,000 per month to get the thing started, it would be of great assistance." They did not see any reason why that should not be done, but that was the last I heard of it. I lived in that country for 14 years. Mr. RAKER. Now, tell us why you do not shut the water off from them, as you would on the American side, when they do not pay the>'r proportionate share of the cost of maintaining the canals, levees, and railroad? DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 125 Mr. NICKEBSON. I can tell you that very easily : We have to go through their country to get water into our territory, and, as I have said, that is nothing but a revolutionary foreign country. They have no government. Mr. BAKBOUR. If you should shut off their water, you would shut off your own? Mr. NICKEBSON. Yes, sir. Mr. SMITH. What quantity of land is being irrigated down in that portion of Mexico ? .Mr. XICKERSON. It has been stated that there are 150,000 acres, but it is more than that. Mr. SMITH. Do you know how rapidly additional lands are being taken up? Mr. NICKEBSON. There is a lot of it. There are at least 25,000 acres a year coming in. Mr. SMITH. How long will it be before the Mexican laud will absorb all of the water, and you people will not have any? Mr. NICKEBSON. They will not absorb all of it, but it is a dangerous proposi- tion, and we are inviting trouble there, because they will establish water rights. At the same time, we are taking our water in there, because we can not help ourselves, but they are arbitrarily establishing water rights by the use of it. Mr. RAKER. If you attempted to shut off the water from the users on the Mexican side, a good many of whom, I presume, are Americans Mr. NICKEBSON (interposing). We can not do it. Last year they arbitrarily went to work and put a dam in our main canal, and it was absolutely injurious to us, because it filled the canal up with silt. Mr. RAKER. Why did you not take the dam out? Mr. XICKERSON. It was in Mexico, a. revolutionary foreign country. They have too many soldiers there. Mr. SWING. We are subject to the jurisdiction of Mexico so far as that part of the canal is concerned. Mr. RAKEB. I wanted Mr. Nickerson to tell the committee why they could not shut off the water. Mr. XICKERSON. Because it would shut our water off. We would dry our- selves ii]) if we did th.it. That would dry us up. .Mr. HAKKR. How does it happen that you give them any of this water? .Mr. XICKEBSON. That was a private company that had a concession from the Mexican Government. At that time they never figured that there would be much land under cultivation in Mexico, and they had to submit to those conditions in order to get the water in on the American side, because they could not cut through the sand hill without too great expense. Mr. SWING. That company was a Mexican company? Mr. XICKERSON. Yes. sir. Mr. KAKKR. Will you explain to the committee how you will be protected in the matter of your water supply if you make this change? Mr. NICKERSON. We will keep it on our side of the line. It was possible to do that, but when it was done, it was not at the Laguna Dam. They came down below Yiuna, and made this diversion, but it was not the place to do it. It should have been made at the Laguna Dam in the first place, but we did not have the money to do it. Mr. SMITH. Mr. Nickerson, would you prefer to go ahead and make your statement without interruption? Mr. RAKER. I hear that suggestion a good deal, but in taking testimony like this, we want to get full information. I do not want to interrupt you except to get the facts. Mr. XICKERSON. Gentlemen, I am here to go down on my knees before the committee or to do anything within reason in order to get help for those people. Xow. there is another thing I want to say to you as a reason why we want to get out of there: Our expenses in Mexico from May 1, 1910, to May 1. 1022, were *12.!>:>7.X1S. I have an itemized statement covering every dollar of that expenditure, and will file 't with the committee. Something was said, I believe, about encouraging the use of water in Mexico. We are encouraging that every day this arrangement continues, because those water users will secure water rights. Whether Mexico has any right or not, I do not know 1 , and we are not here to put them out of business. We want them to live and we want them to prosper, but we do not want them to prosi>er at the expense of the people of the United States. They should pay their part of the cost. but they will not pay their part of it. They will never pay it until we get out of there. I do not want you to understand that we wish to put them out 126 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. of business, because we do not. On the contrary, we want to help them, but we do nor want to pay their bills. Mr. RAKER. What would be the method of taking care of them? Mr. NIC KKRSON. We could sell them water. I talked to Secretary Lane in reference to that. He said, " We will not have anything to do with them." I said, " We do not have to sell it to them at a loss." and he said. " No : sell it at a margin." We want a small margin on account of the amount of money that we have spent on levees, canals, etc., for years past. It is practically under their control now. We have no control over it, and we are getting into bad trouble. This Government is getting into trouble by taking water in there. Mr. RAKER. Has our Government made any effort to adjust this matter so an to protect you people? Mr. NKKERSON. No. sir: there is no way to do anything. Our Government has nobody to deal with, because there is no government down there, or you have no recognized government. Some men say we had better take it up with the government down there, but I say there is no government down there. Mr. SMITH. There is really no remedy for that condition except by the con- struction of this project. Mr. NICKERSON. That is the only way. Mr. SMITH. If you build this all-American canal, you can take out your wa- ter on the American side. Mr. NICKERSON. Yes. sir. Mr. SMITH. What would the Mexican landowners do toward paying their proportionate share? Mr. NICKERSON. They would have to stand a proportionate part of the COST. They could take it out of the river, or get it through us. They could get it through us at the Laguna Dam, but I doubt if the Government would consider that arrangement with a foreign country. They would have a certain amount of water. Mr. WILLIAMSON. As a matter of fact, you have more water coming down the stream than can be used in the Imperial Valley. Mr. NICKERSON. No. sir; not all the time. Mr. WILLIAMSON. But you would have after you got the dam built? Mr. NICKERSON. Yes, sir: we would have more water than would be needed. J am acquainted with the Arizona side, and there is no more water than \v> will want under the conditions now. There are certain months when we are short of water. Mr. WILLIAMSON. But that is due to the lack of storage? Mr. NICKERSON. Yes, sir. There is at least a month when we do not hav enough water there. Our peak is about 7.(KK) second-feet in dry times, but it goes down as low as 2,000 second-feet. The Yuma project and the Imperial Valley do not always have water enough. This is something that will protect the Government, and it will protect the Yuma people on the Arizona side. Mr. WILLIAMSON*. You are referring now to the Boulder Canyon Dam? Mr. NICKERSON. Yes. sir. Mr. HAYDF.N. Without the construction of a reservoir on the Colorado River to store the flood waters it would not be worth while to build the ail-American canal? Mr. NICKERSON. No, sir; but there is no company that, could do that. Mr. HAYDEN. Furthermore, you can not now obtain credit whereby you couM raise the money to build the all-American canal. Mr. NICKERSON. We tried to put out a bond issue but the bond men would not let us put out bonds, because, they said. " You have no storage reser- \oir; you get it and then you can do that." Mr. HAYDEN.. Then the construction of a great reservoir on the Colorado River is the real key to the situation? Mr. NICKERSON. It takes care of the whole situation : you can not do any- thing until you do that. Mr. HAYDEN. The first thing necessary for the relief of the Imperial Valley is to provide storage for the flood waters? Mr. NIOKERSON. Absolutely. Mr. HAYDEN. only when that is done will it be possible to go on with the other development? Mr. NICKERSON. Yes. As one of the representatives of the Farm Bureau said, we have no credit. The farm loan bank will not let us have any money. nor will the banks in Los Angeles. The people come to me and say. " For God's sake. Nickerson, if you can get that dam started it will put credit in this val- ley and all over this country so we can live." DEVELOPMENT OF LOWER COLORADO RIVER BASIX. 127 Mr. LIXKHERGEB. Is it not :i fact also. Mr. Xickerson, that when you were still able to obtain money you had to pay from 2 to 3 per cent more for it than people who were borrowing in other sections of the State, where they did not have this potential menace starring them in the face from year to year? Mr. XICKKIJSON. Yes. Mr. LIXEBEBGER. You had to pay 10 per cent when people in other sections of the State were paying 7 and 8. did yon not? Mr. XICKKRSON. I can explain that to you in a minute. Mr. LINEHERGKR. It is ii ot necessary to go 'into details, but that is the pen- alty you have been bearing for years in all of your financial operations, is it not? Mr. XICKERSON. Yes. The attorney general and the bond commission in the State of California say, "You have the least bonded indebtedness; you have one of the best districts, but your bonds are selling for less than in any district in the State of California." We have sold them as low as 88 cents, while in other districts they are selling for above par. Mr. LINEBEBGER. What did they bear when you sold them at 83? Mr. XICKEKSOX. Five and a half. So you see that is ruinous. I said, " Why?" He said, "Your flood protection, but whenever you take care of that it will be different." I had men tell me that before I left. They said, " We have got to have some more money." but fortunately we are getting along all right. "But," he said, "you must have your storage, your flood protection." I said. " That is absolutely what we are trying to do now through this bill, and I believe we will be able to make the ]>eople back there believe it is neces- sary." Mr. HAYDKX. Then your interest in this legislation is. first, flood control above and beyond all other things? Mr. XICKKRSON. Yes. sir. Mr. HAYDEX. Second, with the river regulated, it would be possible not only to furnish the lands you now have under cultivation with an adequate supply of water but increase the irrigable area in the Imperial Valley V Mr. XICKERSON. Yes, sir. Mr. HAYDEX. But you have comparatively little direct interest in the hydro- electric power that can be developed? Mr. XICKERSON. Yes. Well, we would need some power, but on this all-Ameri- can canal we produce a lot of power : I think we could produce something like 50,000 or 60,000 horsepower through that canal, but the main object, as you say, is storage and then the getting out of Mexico. Xow, as long as you have spoken about power I live more or less in Los Angeles, own property there, and all that, but nobody here has said anything about the possibilities in Arizona. I am an old Arizonian myself and I have a warm place in my heart for the Arizonians. and it is a fact that they are interested as much as we are. Xow, they have a lot of land there; they have the Yuma project, or the Government has, and on which it has si>ent its money and it must be protected. Then there is the mining industry all over the State, and I know all about that. I know of mines laying idle for want of power, and if this power were developed by the Government. Arizona would open up mines- that have laid idle for years. That would put men to work and it would be a revolution in that whole State. There is not anything on our part of it that we want to handle or check; Arizona is entitled to its part of it just the same as we are and we want to give it to them. We have no cards stacked; we want to give everybody all they are entitled to in the way of power and protection. Mr. HAYDEX. Yon are familiar with the Yuma reclamation project? Mr. XICKERSON. Y'es, sir. Mr. HAYDKN. In your opinion is there any real danger that the Colorado Hiver might break the levees, leave its channel and materially injure that project? Mr. XICKERSON. It is absolutely liable to go through the center of it. Mr. HAYDEX. And if the river did Mr. XICKERSOX (interposing). It would absolutely destroy the Yuma project. Mr. BARHorR. What did the Yuma project cost the Government? Mr. HAYDKN. The net cost of construction to date is over *!>.000.0 Colorado Uiver changed its channel the injury would be just as real to Arizona as a similar break in the levee would be to California'.' 128 DEVELOPMENT OF LOWER COLORADO RIVER BASIX. Mr. NICKERSON. Absolutely ; and there is no telling when there be a combined fllood in the Colorado and Gila Rivers. Floods have come together in those rivers, and if the floods should ever come there at one time they would im- mediately put the Yuma project off the map and put us off too. Of course, they have the San Carlos project which would take care of the flood waters of the Gila River and they would not then amount to so much. Mr. SMITH of Idaho. At what time of the year are the floods the worst? Mr. XICKERSON. AVell, right now: this is the worst time. If rain comes up in the mountains and wets the snow and ice they all conic down in a rush and there is no power that lives on earth that can take care of them. Now, you were speaking about conditions on the Yuma project, in which the Government has its money to-day. Now, then, going back to the levee, we have a second defense on the Volcano Lake Levee that is rotten ; it lias tilled up and we have the water cutting away from there at the present time and if a substantial flood should come that defense would not do vis any good, that is, if the water did break over it. You see, it is tilled up on the inside part of it and below it makes a drop, and if the water broke over that and then made a drop it would immediately cut back. As Judge Swing told yon. it would immediately cut back and clean us off the map. Mr. RAKER. May I ask you one question? Taking your knowledge of the Mexican situation and the situation in the United States this being an international stream would you say that the building of the Boulder Canyon Main for the purpose designated would result in the following: The elimi- nation of the canal going through Mexico, the building of the All-American Canal, and the development of electric power at the Boulder Canyon Dam, and that the matter between the two Governments would be in better shape to be adjusted than at the present time? Mr. NICKERSON. Absolutely, and protect the Government at the same time. Mr. SMITH of Idaho. There is a call of the House and the committee will have to adjourn. I would like to learn the sense of the committee with ref- erence to another meeting. It is evident that Mr. Nickerson has only partially completed his statement, and several other witnesses are to lie heard. If it is agreeable, we will meet to-morrow morning at half past 10. (Thereupon the committee adjourned to meet Saturday, June 24. 1922. at 10.30 o'clock a. m. ) COMMITTEE ox IRRIGATIOX OF ARID LANDS. HOUSE OF REPRESENTATIVES. Sat H r^aii. June ^',. 1 ( .\22. The committee met at lO.o.l a. m.. Hon. Nicholas .T. Sinnott presiding. Mr. SINNOTT. The committee will come to order. Mr. SWING. Mr. Chairman, before Mr. Nickerson resumes his statement I just received in the mail this morning a letter from Secretary Fall containing copies of telegrams received from Bisbee. Ariz., relating to the Girand project, which is located on the Colorado River just above Boulder Canyon and is considered a competitor to that project: also a wire protesting the legislation now before you and an answer to the same, which I think ought to go into the record first as typical of one of the principal objections being made, and an answer to the same. [Reading:! JI-XE 23. 1922. MY PEAK CONGRESSMAN: I am herewith attaching for your information tele- grams received from the Bisbee Chamber of Commerce protesting against the Swing-Johnson bill and insisting upon granting power license to Girand and associates. I am also attaching my telegraphic response to same. I am communicating with the Arizona Senators and Representative, as well as Senator Shortridge and the California Representatives, inclosing them copies of this letter and telegrams referred to. Very respectfully. ALBERT B. FALL. Secretary. Hon. PHIL P. SWING. M. C. DEVELOPMENT OF LOWER COLORADO RIVER BASIX. 129 [Telegram.] BISBEE, ARIZ.. June .2.2. V.>.2.2. ALBERT B. FALL. Secretary of Interior, Washington, D. C.: We, the undersigned, want Arizona to obtain an immediate development of power on the Colorado River. The same is immediately necessary in the reclamation of thousands of acres of land by pumping and also for present industries. The Girand project, No. 121, berore tae Federal Power Commis- sion, will give Arizona that immediate power and also State taxes therefrom, and we urge that the license be issued at once. Objections from southern California to the Girand project have been filed, but upon an erroneous idea that the project will interfere with Boulder Canyon. We as-k that the license issue as provided by law. Having confidence in your fairness, we rely upon your aid in the. matter and respectfully request a reply by wire giving your views. BISBEE CHAMBER OF COMMERCE. [Telegram.] BISBEE. ARIZ., June 22. ALBERT B. FALL, Secretary of Interior, Wash-in utvu. D. C.: We. the undersigned, are unalterably opposed to the passage of the Swing- Johnson bill for construction at Boulder Canyon. It discriminates against Arizona by providing for the diversion of waters upon California lands alone and also prevents Arizona from developing any power on the Colorado River either as a State or through private enterprise, but allowing the upper basin States that privilege. We are urging our Representatives to use every honor- able mean? to defeat this measure, and we are cooperating with other organiza- tions toward that end. Having confidence in your fairness, we rely upon your aid in the matter and respectfully request a reply by wire giving your views. BISBEE CHAMBER OF COMMERCE. Telegram.] DEPARTMENT OF THK INTERIOR. Jnm- .2.1. 1U.22. BISREE CHAMBER OF COMMERCE. Bisbee. Ariz.: Receipt your two telegrams 23d acknowledged. Referring your declare;! opposition Swing-Johnson bill construction Boulder Canyon. I can IK t agree that it discriminates against Arizona. Yuma project on the Colorado River is protected and has already cost this Government more than $3.600,000. Ari- zona has been especially favored in the advance of Government funds: also in the amount of more than .S10..1OO.OOO on the Roosevelt-Salt River project, a total of more than $16200. per cent of receipts. Pending legislation proposes construction dam and development water power by Government of United States and would allow allocation and sale of same anywhere in the State of Arizona, with no preference rights to any portion or district of the State of California over Arizona. Bill does not discriminate as to water power or sales thereof to any ether States as against Arizona. Bill does not propose to prohibit any other construction under the law by Girand or his associates or by the Southern California Kdison Co. or their associates or anyone else. but does give priority rights to the Government of the United States in the hydroelectric development over any private parties whomsoever, whether citi- zens f Arizona. California, or of other States. Under authority act of Con- gress. 1020. I have reported in favor construction by Government Boulder Canyon Dam and participation therein if desired by any States desiring allo- cation of power. This report made under the direction of Congress of the 130 DEVELOPMENT OF LOWER COLORADO RIVER BASIX. United States. As member of the Water Power Commission, I have opposed and must continue to oppose the granting of license to Girand and associates, or any other private parties of power permits on Colorado River, until Con- gress has opportunity to act through adoption Swing-Johnson bill or other legislation. Boulder Canyon Dam will prevent or assist in preventing floods destroying Arizona territory and necessity for requests through Arizona Senators and Representatives of gratuity appropriations of public funds for such protection. FALL, Secretary. Mr. HUDSPETH. Who signed the former telegram there protesting? Mr. SWING. Both of them are by the Bishee Chamber of Commerce. I also want to file in connection with that at this time, w'thout reading, a report prepared by a former Arizonan, I think at present a citizen of Arizona but who is occupying a position in the Government, in which he shows the tremendous benefits that will flow to the State of Arizona as a result of the development of this project provided for in the legislation now before you. I ask permission that this also may go into the record. Mr. SINNOTT. Without objection it may go in. ( The paper referred to follows : ) DEPARTMENT OF THE INTERIOR. BUREAU OF MIXES. Wciahhifffon, Jinie L>. !!>.!>. Hon. PHILIP D. SWING, Hwtxe of Repre.xcutatire*. W(ixhi)i(i1on. D. C. MY DEAR MR. SAVING : You have asked me to give an opinion of the benefits likely to be derived by the mining industry of the Southwest from electric- power development as contemplated under the Colorado River project. The question naturally divides itself into the following considerations : (a) Urgent necessity for protecting established communities such as Yuma and Imperial Valley irrigation distr'cts against flood menace. (6) General industrial benefit to the Southwest, (c) Specific benefit to the mining industry- Mining is to-day, and probably will continue to be for the next decade, the dominant industry of Arizona, southwestern New Mexico, and southern Nevada. The problems of the mining industry in this section may be summed up under three principal heads; transportation, power, living conditions. I will briefly consider these problems in the order named. Transportation. The State of Arizona is peculiarly shut in. The nearest ports are Galveston on the east and Los Angeles on the west, with high freight rates from Arizona points to either port, which react unfavorably on the cost of power, the cost of supplies, and on general living conditions. A solution of this problem is seen in the completion of the Tucson. Cornelia, and Gila Bend Railway extension plans from Ajo. the present terminus, to the Gulf of Cali- fornia, a distance of only 97 miles. This would give Arizona a direct freight outlet to the sea. Unfortunately the needs of the mining industry alone do not furnish sufficient urge to capital to undertake this development. Power. Mining operations in this section, both large and small, are to-day seriously hampered by the increasing cost of coal, fuel oil, and gasoline; the increase in power costs is a matter of grave concern to the mine operator. Cheap and dependable hydroelectric power will stimulate prospecting and development; it will cheapen metal production in a large territory which dur- ing the year 1918 produced metals to the value of over a quarter of a billion dollars; it will put the small producer on equal terms with the large producer in the matter of power costs ; it will open up possibilities of the electrometal- lurgical treatment of low-grade ores which are at present unavailable on ac- count of high cost of steam or oil, generated electric power, isolation, and other handicaps. Living conditions. Living conditions, and particularly the cost of living, are affected largely by the conditions of settlement and of farm development, and by both highway and railroad transportation development. Arizona may be considered as being very sparsely settled which makes for high per capita development cost for public utilities and high maintenance and interest charges. Statistics furnished by the Agricultural Department indicate that less than 5 per cent of the potential tillable land of the State is under culti- vation. The principal requisite for further development and utilization of till- DEVELOP Ml-; XT OF LOWER COLORADO RIVER BASIX. 131 aide laud is power for pumping water and this calls for abundant, dependable, flexible, and reasonably priced electric power. True conservation of the Nation's mineral resources demands that the mineral deposits should be developed and worked with the greatest economy and thoroughness. This can only be done with adequate highway, railroad, and power facilities. Tins in turn demands enormous investments in improvements of a permanent character which will endure long after the mineral deposits are on the wane. It must be remembered that a mine is to he regarded as a wasting asset. Therefore, it is of importance to the mining industry that other indusiries lie developed to fully utilize these transportation and power fa- cilities, and thus maintain the volume of business and commerce of the territory as mineral production declines. The Colorado River power project therefore is of vital importance to the mining industry of this section. Not only will it adequately supply the power needs of the mines, but it promises to solve fully ami satisfactorily the other major problems. Many of the large mine operators of the State have a vision of relief to come in the form of an industrial development in the State imme- diately following upon the assurance of the availability of dependable electric power, which development will insure enough freight in the form of valuable raw material such as copper, cotton, rubber, and other agricultural products. to warrant extension of the railroad from Ajo to the Gulf. As indicating the stability of the mining industry of the State and the initiative of the mine operators. I may point to the recently completed ex- plosives plant of the Apache Power Co. built by the mine oi>erators to supply the local explosives demand. The next logical progressive step is to refine and fabricate Arizona copper prior to shipment by water. Apparently the two essentials are a satisfactory freight outlet to water and electric power. Eliminating from consideration the increasing power demands to be ex- pected from southern California, the principal consumer of power from the Colorado Kiver project would for the immediate future be the mining industry. There is an immediate market at the mines for at least 73.000 electric horsepower, and the demand may be considerably larger. In conclusion, I desire to emphasize the conviction that the assurance of such power service will unquestionably launch an industrial development which would react most favorably upon the mining industry in a way difficult to measure in dollars. This indirect help may prove to be fully as important as the more tangible direct help to come from the availability of power for use at the mines. Very truly yours, F. J. RUI.KY. Art I nil ]>ir>'ct'jf. For H. FOSTER BAIN. Diwtor. STATEMENT OF MB. J. S. NICKERSON, PRESIDENT IMPERIAL VALLEY IRRIGATION DISTRICT. Mr. NICKKKSON. Mr. Chairman and gentlemen of the committee. I want to call your attention to this river that is shown here [indicating Colorado Uiver on mapl. I'p here is our intake from the river. The banks along there are fairly good and the river is about twelve or fourteen hundred feet wide. Now immediately when it gets down here it divides. Mr. KAKKU. Mr. Xickerson, if you would describe what that is and say the direction and give the name, it will read fine in the record but the way you are putting it a person reading it will not get any information at all from it. Mr. NICKKKSON. I will say that river is at our headgate, where we take the water out. twelve or fourteen hundred feet wide: then after yon L r et down here about eight to twelve miles, the river begins to spread out and meander, on account of the water when it loses its velocity and volume the silt begins to settle and the water spreads and that causes the river to meander, and our great trouble is from there down here [indicating! because it is up on a ridge. Now right here, at this place <>n the Arizona side, the Government levee, the river broke in last year on account of this meandering and widening of the river. That is 17 miles from Yuma on the levee of the Government |" indicating). Now we go on farther down here. Mr. KAKKK. That is south V Mr. NICKKUSON. That is south: we are going south. We i_ r et down here about '2~i miles and there we have cut the river into what is known as Bee River. We have made a cut there that cost sn.'.n.iHM) this year. We have spent on a 132 DEVELOPMENT OF LOWER COLORADO RIVER BASIX. railroad here about $100.000 in order to get it down to this Bee River change. Now all this part of it has a tendency to work over in this direction, toward the Imperial Valley, and yon can see from the map here the way the river runs: it meanders from one side to the other because there are no banks and it has no grade and it just runs from one side to the other. Mr. RAKER. That is north and west? .Mi'. XICKERSOX. It runs north and then west. yes. sir. Mr. SIXXOTT. Where is the Mexican line there? Mr. XICKERSOX. Way up here, north. There is the Mexican line (indicating on map]. Mr. RAKER. How far is this Bee River from the Mexican boundary line? Mr. XICKERSOX. From our boundary line it is about 25 miles t<> where we are making that change in there. There is where we made our tight this year and we have held it so far, but I want to show you gentlemen it is all temporary work we are doing there, fighting for life to get through from one year to the other. Mr. HrnsPETH. That is in Mexico? Mr. XICKERSOX. Yes, sir. all this money that we have spent we have spent over $12,000.000 in the last four or five years, and I have got itemized state- ments to show that. Mr. HUDSPETH. How much money? .Mr. XICKERSOX. $12,000,000. I have got an itemized statement that I am going to file with yon showing that. Mr. SINXOTT. That is money you have spent in Mexico? Mr. NICKERSOX. Yes. sir : in Mexico. Mr. SMITH of Idaho. To protect your water supply? Mr. XICKERSOX. Taking our water through there and buying machinery and dredging canals, and so forth, at the expense of the people on the American side of the line, and the people on the Mexican side just pay for the water but do not pay for the expense, and we have to go down through their country. Xow. you see here is a canal that we run down into their country [indicating]. We run out to here, to Volcano Lake, Black Butte, and then we run back into the United States. We maintain all that and the levee, take care of it and sell them the water at the same price that we sell it on the American side, but they do not pay the maintenance of it ; then we have to tax the people on the American side to make up the deficiency from the water sales, which amounts to $7 per acre per year on the American side, and on the Mexican side it only costs them $2.50. Mr. RAKER. The levee you speak of is designated on the map as Volcano Lake Levee? Mr. XICKERSON. Yes, sir : and we have a canal running right along there and running back into the United States. Here is aonther proposition I want to show you. If we take this water through on the American side you can see the length of mileage we will cut out and the amount of evaporation. Mr. SINNOTT. What is the difference in the mileage between the straight one and the Mexican one? Mr. XICKERSOX. Well, there would be Mr. STXNOTT (interposing). Two sides of the triangle against one? Mr. XICKERSOX. Yes, sir; just about. Mr. SINNOTT. Do you know the mileage? Mr. XICKERSOX. Xot exactly : I do not. We have got 135 miles of canals, main canals through which we deliver this water in Mexico. Mr. HUDSPETH. Do you know the distance of the American caii.-il. what ir would be? Mr. XICKERSOX. It is on that paper folder. Mr. HERRICK. If we build the all-American canal those canals in Mexico will remain, but they will not deliver water across into the United States any more : is that it ? Mr. XICKERSON. That is it. Mr. HERKICK. And that will enable you to make those fellows come Through with some maintenance, will it? Mr. XICKERSOX. Well, we want to give them the water up here [indicating]. We pay for the canals and everything and we don't want to take the water away from them : we do not want to do anything unfair, but we do want them to pay their proportionate part and take the water that belongs to them and take care of it. but not at our expense. DEVELOPMENT OF LOWER COLOEADO RIVER BASIN. 133 Mr. HUDSPETH. If you built this all-American canal, Mr. Nickerson, would it be necessary to keep any maintenance on this other canal in Mexico? Mr. NICKERSON. No ; we would not be doing any business there. If they had any water coming to them they could take it right here at the time. And as a staled yesterday, we are carrying water in there and they are develop ng land at the rate of 25,000 acres a year. You are encouraging them to do that and giving them an arbitrary right to the water by using it. I just want to show you the conditions that we are facing, and why anyone would object and would not get in and try to remedy it I can't understand. Mr. RAKER. Supposing the American canal was built; then we still would have this canal running across here marked "Alamo Canal"? Mr. NICKEKSON. Yes, sir. Mr. RAKER. And also the levee known as the Volcano Lake Levee, coming down here to Volcano Lake? Mr. NICKERSON. Yes. Mr. RAKER. And then the Solfatara Canal, which irrigates land in Lower California on the Mexican side, which could be irrigated by those people and they would be protected from this flood and silt that now comes down. Mr. NICKERSON. The canal is there and we would possibly have to help them some, you know, in controlling the water, but we would not have to carry our water through there and maintain canals and give them 1 free transportation. Mr. RAKER. What I am getting at is that nobody would be able to say, if they looked at the situation fully, that you would be doing an injustice to any- body ; it would be a help to them as well as an absolute saving of yourselves on the California side. Mr. NICKERSON. Well, I would not say it would be a help to them. It would not be a financial help. The Government could say how much water they had coming and give it to them. Mr. RAKER. If they are just paying for the vahie of the water, irrespective of the maintenance and upkeep and flood control, wouldn't it be an advantage to those people in Mexico as well, if they are entitled to any water? Mr. NICKERSON. Sure they would get the benefit of the flood control, which they are holding their hands up now for. Mr. SMITH of Idaho. Mr. Nickerson, will those Mexican land owners con- tribute in a financial way to the construction of this Boulder Canyon Reser- voir? Mr. NICKERSON. No. I do not think so, and I do not think the Government would take it. or let them come in as a partner anyway. They would get the benefit of it ; it would increase the value of their land at least $50 an acre, possibly $100. Mr. HERRICK. Is this land here worth anything to anybody [Indicating] ? Mr. NTCKKKSON. Yes, that is good land if you keep the water off of it. Mr. HKRRICK. It is nothing but a swamp now. .Mr. HAYDEN. Unless there was adequate storage provided on the Colorado River, even if the ail-American canal was built you would still have to go down into Mexico to maintain the levees? Mr. NICKERSON. To a certain extent. There would not be much, because the flood water would be taken care of. Mr. IIAYDKX. You evidently misunderstood my question. I said in case the Boulder Canyon dam, that you advocate, or other storage on the Colorado River was not provided, then the construction of the all-Amcrican canal would merely give the Imperial irrigation district control of the irrigating water but you would still have to negotiate with Mexico every year over the levee problem. The important thing is storage of the flood waters, and the all-Ameri- ca n canal is of secondary importance to your people. Mr. NICKKKSON. Storage is first, water second, and power third. That is the way we figure it. Mr. SMITH of Idaho. Do you think if they had the all-American canal there would be such a quantity of water go down into Mexico as to make it danger-- ous to Imperial Valley? Mr. HAYDEN. The amount of water in the Colorado River at flood stage is so great that the ail-American canal would only take a very small part of it. The flood menace would continue to exist just as it docs now. and that would compel negotiations with Mexico each y0.000 to $10O.ooo. They can have them. We have got to go off and leave them. And they can get their water: we do not hinder them in the least in any way. Mr. SWING. Suppose you put before the committee the actual situation here with reference to that matter. Mr. NICKKKSON. There is Volcano Lake; there is our main protection from the water coming in [indicating!. There are hot mud geysers going up into the air there two or three hundred feet high from this volcanic eruption. Mr. SWING. Are those levees on both sides of our canal? Mr. NICKKKSOX. Yes, sir: it is built right across them, and it is built out of a very light silt. It is the silt that has settled there, and it doesn't make a good levee. I am a construction man. I have followed that business all my life waterworks, levees, railroads, and everything of that kind and I know what we are talking about. The tirst year they are built they are pretty fair, but as soon as they dry they contract, and then cracks come in them, and the water goes right through them. The soil is so light yon can't make good levees out of it at all. Now, we are subject to that difficulty. On the lower side of that levee it is filled up inside about 10 feet. If that did break there would be a drop of about 10 feet and it would just start to cutting back, and I think I mentioned yesterday it would cut right back up through into Yuma and possibly destroy the La gun a Dam. There are lots of engineers who think it is possible for it to do that. Mr. HTJDSPETH. Where is Yuma? Mr. NICKERSON. Up in here f indicating]. Mr. SWING. You have been on this levee many times during flood seasons. have you not? Mr. NICKERSON. Yes, sir. DEVELOPMENT OF LOWER COLORADO RIVER BASIX. 135 Mr. SWING. What amount of water Ls there pressing against that levee during the high-water season? How far back have you seen that water V Mr. XICKERSON. It will run clear back to the Arizona line. That will be 20 to 25 miles of flood water. It runs in here, and then it gets up to 8 or 10 feet and then it creates a grade and that makes it go south. The grade to the west into Imperial Valley is greater than it is to the south, but after the water gets in and backs up, it goes to the south. Mr. SWING. How deep is the water here where it backs up against the canal? Mr. XICKERSON. It is 12 to 16 feet deep, and I have seen it go clear over the top of it. Mr. RAKER. In ordinary stages of that water where is the main channel of that river, commencing from your intake there and running on down till it strikes the Gulf of Lower California? Mr. XICKERSON. It runs down through here and runs against this levee here [indicating], Mr. RAKER. Before the levee was there it must have run some place; where did it run? Mr. XICKERSON. It ran promiscuously over in this country [indicating]. The old channel is here and then it changed. Mr. RAKER. Xow you saw it before they put that levee in there, did you not? Mr. XICKERSON. Xo : I did not not that particular part of it. Mr. SWING. There was a very small levee there formerly. 3 or 4 feet high. How high is it now? . .Mr. XICKERSON. It is about 15 feet Mr. RAKER. You do not quite get my question. Before the Imperial Valley people put this dam in. and their ditch, and before any work was done toward turning water into Imjierial Valley it did not. overflow nor was there any high water: where did the water run, and designate it on the map, if you can. Then I want to ask you a couple of other questions. Mr. XICKERSON. I went down the old channel here [indicating]. Mr. SWING. Marked on the map "Channel of the Colorado River prior to 1908." Mr. XICKKRSON. Yes. Mr. RAKER. Xow, we have got that. What prevents the water from running in the old channel you have up there by the Bee River? Mr. XICKEKSON. It is filled up with sand now. Mr. RAKER. Xow let me ask you this iiuestion the engineers have made statements here, and of course, they ought to know something about it tak- ing the statement of my colleague. Mr. Hayden, if the reservoir is put in at what is the place on the Gila River? Mr. HAYDEN. The San Carlos Dam. Mr. RAKEI:. Take ibis statement that tluit will hold back the flood waters, and take the statement of the engineers and also of Mr. Hoover that the Boulder Canyon Dam alone will bold the flood water for at least two years and a half, if not three years, will you tell the committee what there is there to prevent, or what there is there that would cause the destruction of the Vol- cano Lake levee and these other works, and why the river could not be con- trolled by putting it back into its old channel? Mr. XICKERSON. There isn't any reason in the world. It can be put back. Mr. RAKEK. If the flood waters from the (iila and Colorado are controlled and can be controlled by these two dams from one to three years, couldn't the old channel there by the Bee River be easily be put back in the old channel and maintained at very moderate expense? Mr. XICKKRSON. Well, it can be maintained where it is easier than it can be put back in the old channel. It could be done, but who is going to pay for it? Mr. RAKEU. I am not asking about who is going to pay for it; I am asking if that is not quite possible? Mr. XICKERSON. It is possible. You can put that river anywhere after you get the water controlled. I know that San Carlos canal : the dam site is a good one and it ought to be put in. Mr. RAKER. If the floods in the river are thus controlled from two to three years, and only the ordinary Hood would come down to the Ynma Dam, what would be your judgment as to The amount of expense that would entail to throw the river down in here [indicating], from where it is a well-defined river, down to a little east of Bee River and come down the old channel? 1316 22 PT 3 5 136 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. Mr. NICKERSON. That has grown up with trees as big as your body, all the way down. It would be a big expense to throw it back into the old channel, hut where it. is now it can be easily maintained. There is not much expense. Mr. RAKER. You mean where it is now. not if you diverted the channel? Mr. NICKERSON. That is the straightest and most direct route, as I can show you on the map here, right into the Gulf. Now, if you throw it in here, in the old channel [indicating], you have got to go right over that reclamation project. Mr. RAKER. When- would it be most feasible to have it? Mr. NICKERSON. Right in here [indicating]. Mr. RAKER. That being the case, you would not be affected by virtue of the overflow; that would be avoided. We are talking now about the physical end of it. Mr. NICKERSON. It would be absolutely avoided, because there would not be any water there ; it would be held back in the reservoirs. Mr. RAKER. Have you explained to the committee how the river was diverted from Bee River into the tributaries at Pescadero? Mr. NICKERSON. We put in a rock dam right there [indicating]. Mr. RAKER. And did you make a cut? Mr. NICKERSON. We made a cut there that cost $250,000. Mr. RAKER. What was the nature of that cut? Mr. NICKERSON. We built three channels, 300 feet wide, and turned the river into it by damming the Colorado River, driving piles and putting in rocks and making a diversion here [indicating]. Mr. HAYDEN. How did you ascertain that it was feasible to make the Pes- cadero cut? Mr. NICKERSON. By finding the grade that was in There. Mr. HAYI>EN. By making a survey of the country it was found that there was a depression through which, if you diverted the water by a cut. the river would run instead of extending over and against the present levee? Mr. NICKERSON. Yes. sir. Mr. HAYDEN. How long do you estimate that it will take for this Pescadero section of the delta to fill up with mud, just as Volcano Lake filled up? Mr. NICKERSON. I have asked that question of several engineers and they tell me there isn't a man living that can tell. It might run this year; it might run next year; it might fill up this year. There is no one that can give us any definite statement as to how long it will last. Mr. HAYDEN. How long did it take the river to fill Volcano Lake? Mr. NICKERSON. We have been there ever since the break in 1909. Mr. HAYDEN. In 11 years the river has filled up Volcano Lake about how much? Mr. NICKERSON. About 8 or 10 feet. Mr. HAYDEN. Eight or ten feel of silt all over that area, so that now the Volcano Lake section of the country has filled up higher than the Pescadero section ? Mr. NICKERSON. Oh, no ; as I said a while ago, this river here is 20 feet higher than that levee than the top of the levee. Mr. HAYDEN. Was there a ridge between the Pescadero drainage area and Volcano Lake which you cut through, so that the water could run into the Pescadero ? Mr. NICKERSON. There is no ridge off that way. but there is a ridge where the river has piled up and spread out. Then it breaks round it. But you don't want to get it into your head. I don't think, about throwing it back into this old channel, Mr. Raker, because this is the most direct and best way. Mr. RAKER. I know; but you said this would affect the Arizona side. Now, there is the old channel that can be used clear down to the Bee River. Mr. NICKERSON. Well, it used to run here, you know [indicating]. Mr. RAKER. Yes: it is marked there. Mr. SMITH of Idaho. Is not that an engineering problem that this committee can not solve? Mr. RAKER. I do not think so. Now. it would not touch the Arizona side if the water ran there in ordinary stages when there is no flood. Mr. NICKERSON. If you took the water out there [indicating] it would not hurt anybody, because there would not be much going through there. Mr. RAKER. As a matter of fact, the floods in HIP (lila being controlled by the San Carlos Dam, as stated, and in the Colorado by the Boulder Creek Dam, as stated, the ordinary flow of the water that would then remain in the Colorado River below the Yuma Dam could be easily handled and would in DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 137 no way jeopardize the irrigation of hinds below in cither California or Lower California, and it would cost but little to handle it. Mr. NICKEKSON. Absolutely. Very little. Mr. SWING. About this Hood situation, may I ask that you state what, in your opinion, would he the comparison of the catastrophe that would happen to the property and lives of American citizens if the river should break at Volcano Lake levee now, as compared with the break which did occur in 1905. That was a nationally known catastrophe. Mr. NICKEHSO.N. We have got $100,000,000 worth of property down there in the valley, and there must be $25,000,000 on the Mexican side. Mr. SWING. Would it be greater or less than that of 1905? Mr. NICKEKSOX. It would be greater, because there is more property. Mr. SWING. Proportionately, bow much greater would it be? Mr. NICKEKSON. Thant it was then? Mr. SWING. Yes. Mr. NICKEKSON. I would say twice as great ; probably more. Mr. SWING. Then there were 5,000 people in Imperial Valley; now there are 50,000 10 times as many people and 10 times as much property. How much more water would there be to rush in on the valley if there was a break now than there was then? Mr. NICKERSON. The natural How of the river is probably 150,000 or 200.000; then you have all of this backed up in this lake [indicating] 20 miles wide. Mr. SWING. In 1905 you had only the natural flow of the river? Mr. XICKKHSON. Yes. Mr. RAKKK. You are assuming now this country as it exists at the present time, being subject to flood, are you not? Mr. NICKEKSON. Y'es. Mr. KAKEK. But if the Hoods of the Colorado and the Crila were controlled, this question that you have now confronting you relative to the breaks as well as to the cost of maintenance and upkeep, would be obliterated. Mr. NICKEKSON. Absolutely. It woulud be a very small matter; would not amount to anything at all. Mr. RAKER. So. on that question of the Alamo Canal and the levee, and this other canal running from Volcano Lake west and north, that could be used at a very moderate expense in upkeep if the Hoods were controlled, and when the flood control is maintained at Boulder Canyon and on the Gila, the question involved relative to the American Canal is a question of the difficulty between the American and the Mexican canals. Mr. NICKERSON. It is not any question of difficulty between them at all : it is simply taking care of our own property and getting out of a revolutionary country. And everybody would receive a beneHt, Judge; the Mexican people would receive a beneHt on account of the floods over their lands being con- trolled. Mr. RAKER. Now. I want you to draw a distinction. Do not let the facts as they exist govern your answer. If the floods are controlled you have the dams, the ditches, the intakes, and you would not be bothered with these floods? Mr. NICKERSON. Absolutely not. Mr. RAKER. The silt would be provided for by the dam; therefore you could control and irrigate not only the lands in Mexico but the lands in Colifornia with an ordinary expenditure for maintenance and upkeep. Mr. NICKERSON. Yes, sir. Mr. RAKER. So as a matter of fact the question of the All-American canal, so far as this land is concerned, is a question of difference between the citizens of California and Lower California relative to the payment of the maintenance and upkeep. Mr. NICKERSON. Yes. Mr. SWING. That is part of it. Now, Mr. Nickerson. will you tell the com- mittee briefly the reason why we must get out of Mexico and give up this situa- tion and get a new intake, resulting from the trouble between the c'tizens of Arizona and the citizens of California? Mr. NTCKERSON. I am well acquainted with that. We have to build a weir. a diversion dam in here [indicating] to get the water into our intake on the Colorado River, and the Colorado River is divided between California and Arizona. This diversion backs the water up and it is a menace to the Arizona side. There isn't any question about that, and we have to get down on our 138 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. knees and beg them every year in order to get a weir in there. It is just a year to year proposition, and they are after us all the time saying, " Why don't you do something?" Then we have an injunction hanging over our heads now to stop us, and it may throw us into court most any time, and it' we should have to go into court and be held up there for any length of time it would mean ruin for the Imperial Valley, absolutely. Now we have been saying to them, and we have a contract with the Govern- ment to move our heading up to Laguna Dam in that diversion Mr. RAKEB (interposing). Before you pass that let us get the facts so that we may know how we are acting and the facts are what you want to give us suppose you put your weir in at your intake now on the Colorado River: when there is an ordinary flow in the river, which means simply enough to irrigate the land below, would or would there not be any question of a hood. so far as the Arizona side was concerned? Mr. NICKERSON. Not with an ordinary river, but when the flood comes Mr. RAKEB (interposing). I want to eliminate the flood. Mr. NICKERSON. Well. yes. Mr. RAKER. Just a moment now I want to get the facts: I want to get something upon which to act, and I am asking you if. assuming now that the floods are controlled by the Boulder Canyon Dam and the dam in the Gila River; then there will be an ordinary flow at your intake, and that being the case, assuming that to be the fact, the silt being held back by the dam. would there be danger of flooding the Arizona side with the river in the condition thus stated ? Mr. NICKERSON. I do not think so. But then we have got to get out of Mexico ; we can't get out of Mexico with it now. We have got to go up the river 20 miles in order to get out with diversion so as to get on higher ground. Mr. SWING. There will be no danger of floods in Arizona after th:s Boulder Canyon Dam is built, unless we have to put this weir hack in the river. Mr. NICKERSON. If we raise the elevation of the water, then seepage comes in to bother them. If we raise the elevation they are subject to seepage. Mr. SWING. Have you the agreement there which they wanted you to sign? Mr. NICKERSON. Yes, sir. Mr. SWING. That presents the view of Arizona clearly. Mr. NICKERSOX. I will not have time to read hardly any of it, but we have to put up a bond to protect them. Mr. RAKER. Put it in the record. Mr. NICKERSON. All right. We mave to put up a bond of $500.000 to protect the Yuma Water Users' Association. I have a copy of the contract that they want us to sign this year, and then we have to sign a death warrant besides to get that. Mr. RAKER. Let that go into the record, will you? Mr. NICKERSON. Yes. Then I have also a statement showing comparison of costs of operation in Mexico. Mr. RAKEK. Now. assuming that the Boulder Canyon dam is in. with its control of water for two or three years on the Colorado : with the Gila con- trolled by the San Carlos dam ; with the floods controlled and only enough water coming down to irrigate the lands that need irrigation, would there be a raise in the water at the weir above the ordinary level so as to in any way affect either the California or Arizona lands that are now being irrigated? Mr. NICKERSON. On the California side it would not, but it would in Arizona, yes, because they are farming right up near this weir: on our side it is rocky and hills, so we do not irrigate anything there. But that would not do us any good to get down into Mexico. Mr. RAKER. I want to leave out any question about Mexico and confine the question to the facts, because after that I am going to put another question, hut I am just gett'ng the physical facts now. Mr. NICKERSON. Have I answered that question? Mr. RAKER. Yes, you have answered that pretty well now. Mr. SWING. I want to ask unanimous consent of the committee to put into the record this agreement prepared by the Yuma County Water Users' Associa- tion, which they have asked the Imperial Valley irrigation district to sign as a condition for diverting water this year from the river. Mr. SMITH of Idaho (presiding i. Without objection it may go into the record. DEVELOPMENT OF LOWER COLOEADO RIVER BASIN. 139 (The papers referred to follow:) Statement xjioi ro>i>]i2.>. Operation : Water distribution $960, 000. 00 I>redsring, cleaning canals, etc. Mexico 1,070,240.00 Intake Andrade 1. 502, 000. 00 Miscellaneous, maintenance of levees, canals, and structures. 1.319.297.00 Total 4. 401, 537. 00 Additions and betterment*. Structures : Ilockwood rit't boom 8, 060. 46 Power. and tele- phones 51. 70 Wei Mai/ 1. ?.'..'>. Roadway and tracks : Air compressor and equipment $10. 585. 73 Locomotives, cars, dredges, etc. : Locomotives 36, 342. 40 Dump cars 128, 717. 14 Spreader 11,094.81 Monighan dredges 40, 972. 86 Locomotives, etc. Cout'd. Marion dredges *12. noo. no Suction dredges 360, 300. 48 Cranes 37. 358. "-I' Miscellaneous 17. 607. 76 654. 980. 00 Quarry, Andrade 27. 571. 90 IMPERIAL II;JU<;ATIO.N DISTRICT. June 1~>. l!i.l.>. Mr. NICKKKSON. The attached agreement for 1022 with the Yuma Connty 'Vater Users' Association was received after I had written my letter. Look it over, the board has not taken any action on it yet. F. H. MtlvER. AGREEMENT. 1. This indenture, made this 6th day of June. 1922. between Imperial Irri- gation District, a municipal corporation duly organized and existing under the laws of the State of California, and doing business in Imperial County. State of California, hereinafter called and referred to as the district, and Yuma County Water Users' Association, a corporation duly organized and existing under the laws of the State of Arizona, and doing business at Yuma, Stare of Arizona, acting for and on behalf of its. and all of its, Constituent members and shareholders; hereinafter called and referred to as the association: \vit- nesseth. 2. Whereas the district is engaged in the business of appropriating and di- verting irrigation waters from the flow of the Colorado River at a point in said liver known as Hanlon's heading, at. or near, fractional sections tliirtv- five and thirty-six (35 and 36). township sixteen (16) south, range twenty-one (21) east, San Bernardino meridian, in Yuma County. State of Arizona, for the irrigation and reclamation of many hundreds of thousands of acres in Im- perial Valley, Imperial County. State of California, known as Imperial Valley irrigation project ; and 3. Whereas, in order to secure a sufficient flow of irrigation water to prop- erly irrigate and reclaim said lands, and to prevent the same from returning to their original desert condition, it is now necessary to erect, and temporarily maintain, during low-water periods in said river, a dam, or weir, in said river. at or near said Hanlon's heading : and 4. Whereas the installation and maintenance of said dam tends to create such a condition in the flow of the waters of said Colorado River as to endan- ger the works of the Yuma project of the United States Reclamation Service, and the lands and property of the association, and its constituent members and shareholders ; and 5. Whereas the association has granted its permission that ;i weir, or dam. may be constructed and maintained at said point in said river from July 1. 1922. until July 1, 1923, subject to certain conditions, provisos, and exceptions hereinafter more fully set forth; and has stipulated and agreed that a certain temporary restraining order heretofore issued out of the Superior Court of the State of Arizona, in case No. 2429. and now in force and effect in said court, wherein the said association and others are plaintiffs, and the said district and others are defendants, restraining and enjoining the district herein from erect- ing and maintaining any weir, or dam, at said point, shall be so modified as to permit the erection and maintenance of a weir, or dam. therein during said last-mentioned period: and not to further prosecute said suit during such period. 6. Now, therefore, the said district in consideration of the foregoing, does hereby promise, undertake, and agree that, if it becomes necessary for the ac- complishment of said purpose to erect and temporarily maintain a dam. or weir, in and across the Colorado River, at or near said Hanlon's heading, as. hereinbefore described, that it shall construct the same out of brush, without the use of any rock whatsoever, and that said brush shall be erected and main- tained on the top of the crest of the rock dam and weir heretofore erected by the district so as to hold the water at no greater height than is necessary for the diversion of the amount of water actually required for the irrigation of the lands of said district and that said brush wier. or dam, and the materials com- DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 141 posing the same, shall be held and maintained in place by a system of piling driven through, and erected upon the crest of said rock dam or as near thereto as practicable ; if necessary said system of piling to be used in conjunction with certain guy ropes and ties made fast to certain dolphin anchors erected in said river immediately above said rock dam. the height to which the dam is to be maintained and the extent of said system of piling to be subject to control by the project manager of the Yuma project: and the district further prom- ises, agrees, and undertakes to remove ;ill of said brush dam. or weir, from out of said river on, or prior to. July 1, 1923, and at any other time between said July 1, 1922, and July 1. 1923, that Porter J. Preston, project manager of the Yuma project of the United States Reclamation Service, or William Wisener, president of the association, or Maj. E. D. Ardery, district engineer United States Army, or their successors in office, shall deem the maintenance of said dam to, in any way, endanger any of the works of said Y"uma project, or any of the lands or property of the association, or its shareholders and constituent members, or any land within said Yuma project on either side of said Colorado River ; and the district hereby undertakes and agrees to keep and maintain at, or near, said dam a sufficient amount of explosives to immediately blow out and remove said dam to such an extent as will permit the free flow of the Colorado River to the southward, so that the same will not endanger any of said property. 7. And the said district further stipulates and agrees, that the permission so given to erect and temporarily ma ntain such a dam. or weir, in the Colorado Riyer at said point, and the permission heretofore given frr the erection and maintenance of dams and weirs across the Colorado R'ver. at. or near, said point, and their erection and maintenance, and the giving, in the future, of permission to erect and maintain such dams and weirs, shall net be taken, held or deemed, nor shall either of them IK- taken, held or deemed, not to be of irreparable injury to the association, its shareholders and constituent mem- bers: and the granting of said permission, and the erection and maintenance of said dams or weirs, shall he without prejudice to the right of the associa- tion, its shareholders and constituent members, to have entered in sa : d su't No. 242!). or any other proceeding, in any ether court of competent jurisdiction, upon due and sufficient evidence, a decree permanently restraining the district from constructing and maintaining such weir, or weirs, or any weir. dam. or dams, across said river. 8. And the district, in consideration of the premises as hereinbefore set frrth, docs hereby further promise, agree and undertake to pay to the association, its shareholders and constituent members all damages that may result to them, or to either, or any of them, from injury to their person or property because of the erection or maintenance of said brush dam. or weir, or the ma ntenance of the rock base upon which the same shall be constructed as hereinbefore described, and the district further promises, undertakes, and agrees to pay the ass* ( iation its shareholders and constituent members, any and all damages that may result to them, or either of them or any of them, because of the erection or maintenance of the n-maining portions of all. or any. of the nek dams or weirs heretofore placed in said Colorado River at. or near. sa>'d point, including what is known as the Clark Dam or weir. 9. And it is further stipulated and agreed that the association, or either or any of its constituent members or shareholders, may sue hereunder in their own right, and without joining any < ther party hereto as a party plaintiff; rrori'li'tl. l/dir0. 1923. all. and all parts of any, and all dams and weirs, piles and piling, rock and brush anchors, guys. ties, and all <f the Colorado River shall flow as freely to the southward as said waters did flow prior to the placing of any obstructions in the !>o<] therecf by the district, or any of its said pred- ecessors. 142 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 11. It is understood and agreed that the district shall furnish a satisfactory surety bond in the sum of live hundred thousand dollars < s.loo. > to the United States of America anil the association, as joint and several obligees, to reimburse them for any damage resulting from the erection or maintenance or said dam or weir, and conditioned for the removal of all of said obstruc- tions from said river. It is expressly understood and agreed that in the event of a failure of the district to fully comply with the conditions of paragraph ten (10) that the bond of $500.000 shall be forfeited as liquidated damages and shall not be considered a penalty, but the proceeds thereof shall be used by the association for the removal of the rock, brush, and other obstructions left in the river bed; and that a recovery, or recoveries, on said bond shall not be a bar to any action, or actions, by the association, or its constituent members, or any of them, in- the event that they, or either of them, should be damaged greater because of the district's breach of any of the terms or covenants of this agreement: it being understood and agreed that the district undertakes, promises, and agrees to pay all the damage that may result because of its breach of any, or all, of the terms, conditions, and covenants of this agree- ment, notwithstanding the execution and delivery of any bond, or bonds, or any recovery thereon. And in the event of damage accruing, and said bond becoming exhausted in whole or in part, during the life of this agreement, the district agrees to furnish additional security and assurance so that there will always be during the life of this agreement security against damage to the association in the sum of $500,0oo. 12. In consideration of the foregoing premises the district hereby agrees to hold the association harmless in the event it may be required or compelled to pay the rent payable on April 1. 1923. and April']. 1024. and April 1. lirjfi, reserved in that certain lease for the term of three years entered into under date of April 1, 1J)22. between Agnes ('. Heineman and husband, and the as- sociation for certain lands lying west of the United States Reclamation Service levee in section 36. T. 16 S., R. 21 E., San Bernardino meridian, in Yuraa County, Ariz., and the district further agrees to hold the association free and harmless from all costs, expense, liability, and damage accruing or resulting to the association because of any lease, license, or permit given or granted, expressly or impliedly. by this instrument, or by assignment of. or subletting under, said lease, or otherwise, by the association to the district for the en ction or maintenance of said temporary dam or weir, or for the erection or maintenance of any structure or structures on said land for the erection or maintenance of said dam or weir. 18. The district further agrees, as a condition subsequent, to promptly, ami with diligence and in good faith, take such necessary steps as shall be re- quired under the laws of the State of California to procure funds sufficient for the procuring and construction of another heading, and diversion struc- tures with a sufficient aqueduct, on the Colorado River, at Laguna Iam. in accordance with the terms of the contract between the district and the Sec- retary of the Interior dated October i_':$. 1918. In the event of the district failing to comply with the terms of this condition subsequent, the association may. at its option, declare this agreement null and void and revoke all license an ! permits granted hereunder. And in the event of the procuring said funds the said district further covenants and agrees, within three months after the procuring of said funds, to begin in good faith (strikes, injunctions, and acts of God cxcepted.) the construction of the necessary works for the procuring of said other heading and diversion point for taking its irrigating water from the Colorado River, as set forth in this paragraph, and to dili- gently prosecute such construction to completion: otherwise, to pay to the asso- ciation as a penalty the sum of five hundred dollars (8500) per day for each day that there shall be default by the district in complying with the terms and conditions set forth in this paragraph: 1'roriilrd. linirrrrr. That nothing in this paragraph contained shall be deemed, taken, or held as being obliga- tory upon the association to accept said penalty, but that upon such default the association may revoke all permission, license, and leave granted by this contract as a whole; but in no event shall anything in this paragraph con- tained be deemed, taken, or held to be any waiver of the right of the associa- tion, or any of its constituent members or shareholders, to sue for and recover any damage accruing to it, or them, or either of them, because of the breach of any of the terms of this contract; and nothing in this paragraph contained shall be deemed, taken, or held to relieve the district from liability because of the breach of the covenants of this contract: Provided furtJxr. Innrcrer, That nothing herein contained shall be deemed, taken, or held by any court, DEVELOPMENT OF LOWER COLOEADO RIVER BAS1X. 143 tribunal, board, bureau, person, or corporation, whether a party to this con- tract or not, as a waiver by the association of its right to sue for an 1 recover, either ar law or in equity, or by other means, the sum of $1.600.000 agreed to be paid by the district to the United States for the use of said Laguna Iam. in accordance with the terms of contract between the said district and the Secretary of the Interior under date of October 23, 1918, but the associa- tion disclaims any right to recover said sum from said district. 14. It is agreed that during the erection and maintenance of said dam. or weir, the association may employ and retain an inspector, or inspectors, on said work to ascertain and determine if such erection and maintenance is being operated and maintained in accordance with the terms of this agree- ment, and said district agrees to reimburse the association for such reasonable compensation as may be paid by it to such inspectors, not to exceed $24 per diem. And the said project manager, or his successors in office, in person or by subordinates, may at any time- during the life of this agreement enter upon said works or any portion thereof for the purpose of ascertaining if the same, or any portion thereof, are being constructed and maintained in accordance with the terms and conditions of this agreement, and in the event of their being constructed or maintained in violation of said terms or conditions, to assume control and direction of such works and their construction and maintenance, and to operate the same, in whole or in part, as by this agreement prescribed ; provided always that such control, direction, or operation shall not result in denying to the district a sufficient supply of irrigation water for the needs of said* Imperial Valley irrigation project, except in the emergency contemplated and provided for in paragraph 6 hereof. 15. It is further understood and agreed that should the maintenance of the dam be deemed a menace to the city of Yutna or any of the lands of the Yuma Valley or endanger the same by seepage or flood and its removal be ordered by Project Manager Porter J. Preston. Maj. E. D. Ardery, district engineer, United States Army, or William Wisener. president of the association, or their suc- cessor or successors in office, the district agrees to immediately proceed with the removal of said dam, and should the district refuse to do so. or neglect to act promptly, it is further agreed that Project Manager Porter .1. Preston, or his successor in office, in person or by a representative or representatives ap- pointed by the board of governors, may, at the demand or request of the board of governors of the association, enter upon any portion of the works of said district on either the Arizona or California side of the river and take possession of the same and proceed to assume control and direction of the work of removal of said diversion dam. The district hereby unreservedly agrees to waive, re- linquish, and cancel any and all rights to prevent such action by injunction or any other process of law that might be invoked in the courts of either Arizona or California or the Federal court. 1<>. It is understood and agreed that owing to the fact that the district is a municipal corporation of the State of California it may be necessary or appro- priate, in the event of the breach of any of the terms or covenants of this agree- ment. for the association to sue hereunder. or under said reimbursement bond, in the State of California, and that such proceedings, if had. will result in addi- tional cost and expense to the association: wherefore the district, in cons'dera- tion thereof and said premises, hereby promises and agrees to pay to the association, in the event of action being brought hereunder, or under said reimbursement bond in the State of California, the sum of one thousand dollars (Sl.oooi to reimburse the association for the additional cost and ex- pense to it of suing in the State of California, and such additional sum for attorney's 1'ees as may be deemed reasonable by the court trying such action. In witness whereof the said corporations have, by order of their respective governing bodies, caused these presents to be executed in their respective cor- porate names, by their presidents and secretaries, and aitesied by their seals, the day .-md year first above written, in duplicate. IHHICATION I MSTKKT. President, Attest : -- . Seensterp. YT.MA CorMY WAIKI: CSKKS' ASSOCIATION-. By - , President. Attest : -- . 144 DEVELOPMENT OF LOWER COLORADO RIVER BASIX. EL CENTRO. CALIF.. .funr ]>. 1!>?2. Mr. J. S. XICKERSON, Congress Hall, W in I/ton. 1). C. DEAR SIR: In compliance with your request by wire, under date of June 0. you will find inclosed contract entered into with the Yunia County Water Users' Association for the year 1920, copy of the permit issued hy the War Department, and a copy of the bond of *.~>oo.oi i< i to the Yunia association, and also documents concerning the present status of the injunction. In my wire I requested that yon advise me if it was necessary to furnish yi-u with copies of these documents for former years. Yours very truly. F. H. MclVER. Secrct'tri/ Imperial Irrigation District. Whereas by section 10 of an act of Congress approved March 3, 1899, en- titled "An act making appropriations for the construction, repair, and preser- vation of certain public works en rivers and harbors, and for other purposes." it is provided that it shall not be lawful to build or commence the building of any wharf. p!er. dolphin, boom. weir, breakwater, bulkhead, jetty, or other structure in any port. r< adstoad. haven, harbor, canal, navigable river, or other water of the United States, outside established harbor lines, or where no harbor lines have been established, except on [dans recommended by the Chief cf Engineers and authorized ^y the Secretary of War; and it shall not be lawful to excavate or till, or in any manner to alter or modify the course, location, condition, or capacity of any port, roadstead. Inn-en, harbor, canal, lake, harbor or refuge, or inclosure within the limits of any breakwater, or of the channel of any navigable water of the United States, unless the work has been recommended by the Chief of Engineers and authorized by the Secretary of War prior to beginning the same ; And whereas application has been made to the Secretary of War by the Im- perial irrigation district of California for authority to repair and rebuild its tempcrary diversion dam or weir (originally constructed constncted under authority of War Department permit dated February 1-1, 1917). located in the Colorado River at or near Hanlons Heading, at the site shown on the map hereto attached, and to maintain said structure until July 1. 1921, as recom- mended by the Chief of Engineers : Now. therefore, this is to certify that the Secretary of War hereby authorizes the said work of repairing and rebuilding the Imperial irrigation district's temporary diversion dam or weir in the Colorado Ilivnr at or near Hanlons Heading and maintaining the same until July 1. 1921. upon the following conditions : 1. That it is to be understood that this authority does not give any prop- erty rights either in real estate or material, or any exclusive privileges; and that it does not authorize any injury to private property or invasYn of private rights, or any infringement of Federal. State, or local laws or regulations, nor does it obviate the necessity of obtaining State assent to the work authorized. It merely expresses the assent of the Federal Government s< far as concerns the public rights of navigation. (See Cummings v. Ch'cago, 188 U. S. 41 o. r 2. That the work shall be subject to the supervision and approval of the district engineer. Engineer Department at Large, in charge of the locality, who may temporarily suspend the work at any time if. in his judgment, the interests of navigation so require. 3. That if any pipe, wire, or cable is herein authorized, it shall be placed and maintained with a clearance not less than that shown by the profile on the plan attached hereto. 4. That so fa i 1 as any material is dredged in the prosecution of the work herein authorized it shall be removed evenly, and no large refuse piles shall be left. It shall be deposited tc the satisfaction of the said district engineer and in accordance with his- prior permission or instructions, either on shore above high water or at such dumping ground as may be designated by him. and where he may so require, within or behind a good and substantial bulkhead or bulk- heads, such as will prevent escape of the material into the waterway ; and so far as the pipe, wire, or cable is laid in a trench, the formation of permanent ridges across the bed of the waterway shall be avoided and the back filling shall be DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 145 so done as not to increase the cost of future dredging for navigation. If the material is to be deposited in the harbor of New York, or in its adjacent or tributary waters, or in Long Island Sound, a permit therefor must be pre- viously obtained from the supervisors of New York Harbor. Army Building, New York City. .">. That there shall be no unreasonable interference with navigation by the work herein authorized. 6. That if inspections or any other operations by the United States are neces- sary in the interests of navigation, all expenses connected therewith shall be borne by the permittee. 7. That the permittee assumes all responsibility for damages to the work or structure herein authorized and for damage caused by it or by work of the permittee in connection therewith to passing vessels or other craft, and shall not attempt in any way to prevent free use by the public of the area at or adjacent to the work or structure. 8. That if future opera t "OILS by the United States require an alteration in the position of the structure or work herein authorized or if. in the opinion of the Secretary of War. it shall cause unreasonable obstruction to the free navigation of said water, the permittee will be required, upon due notice from the Secretary of War. to remove or alter the structural work or obstructions caused thereby, without expense to the United States, so as to render naviga- tion reasonably free. easy, and unobstructed: and if. upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of "the water course hereby authorized shall not be completed, the permittee shall, without expense to the United States and to such an extent and in such time and manner as the Secretary of War may require, remove all or any portion of the uncompleted structure or fill and restore to its former con- dition the navigable capacity of the watercourse. No claim shall be made against the United States on account of any such removal or alteration. '.). That if the display of lights and signals on any work hereby authorized is not otherwise provided for by law such lights and signals as may be pre- scribed by the Bureau of Lighthouses, Department of Commerce, shall be in- stalled and maintained by and at the expense of the permittee. 10. That the permittee shall notify the said district engineer at what time the work will be commenced, and as far in advance of the t ; me of commence- ment as the said district engineer may specify, ami shall also notify him promptly in writing of the commencement of work, suspension of work, if for a period of more than one week, resumption of work, and its completion. 11. That adequate measures satisfactory to the district engineer shall be taken by the permittee for furnishing him prompt warnings of floods and for maintaining at the site of the said structure material and equipment sufficient for its prompt removal. 12. That arrangements satisfactory to the Secretary of War shall be con- tinued to dispense as speedily as possible with the necessity for placing diver- sion dams in said river and that the said district shall report in detail to the said district engineer on the 1st and loth days of each month while This authorization continues in force what measures are proposed for that purpose and the progress made thereon. 13. That unless previously revoked or specifically extended this authorization shall expire July 1, 1921. In witness whereof the Chief of Engineers has hereunto set his hand this 29th day of May. 1920, and the Secretary of War on the 1st day of June. 1920, the former in token that he has recommended the authorization of the afore- said work by the Secretary of War in accordance with the terms and condi- tions above recited. NKWTON P. BAKKR, Secret fir}/ of W'ir. LAXSIM; II. BKACH, ^f(ljo| General. Chief of 146 DEVELOPMENT OF LOWER COLORADO RIVER BASIX. WEIR BOXDS. A permit issued by the Secretary of War under date of June 30, 1921, for repairing and rebuilding a temporary diversion weir in the Colorado River until July 1, 1922, was laid before the board and ordered placed on file. Director Brockman introduced the following preamble and resolution and moved its adoption: "Whereas in accordance with a resolution adopted by the board of directors on July 6, 1921, the president and secretary of the district executed a cosurety bond with the Fidelity & Deposit Co. of Maryland, the United States Fidelity & Guaranty Co. and the National Surety Co. for $500,000 to the United States of America and the Yuma County Water Users' Association, as required by the agreement entered into by the Imperial Irrigation District and the Yuma County Water Users' Association under date of June 10, 1920, by which the aforesaid association waives its objection to the rebuilding and maintaining of the weir in the Colorado River for the years 1921 and 1922, said bond being in words and figures as follows: "'Know all men by these presents, that we, the undersigned Imperial Irrigation District, an irrigation district organized and existing under and by virtue of the laws of the State of California, as principal, and Fidelity & Deposit Co. of Maryland, a corporation organized and existing under and by \irtue of the laws of the State of Maryland and the United States Fidelity & Guaranty Co., a corporation organized and existing under and by virtue of the laws of the State of Maryland, and National Surety Co.. a corporation organized and existing under and by virtue of the laws of the State of New York, as sureties, are held and firmly bound unto the United States of America and Yuma County Water Users' Association, a corporation organized and existing under and by virtue of the laws of the State of Arizona, as obligees, in the penal sum of $500,000, well and truly to be paid to the said obligees and 'or either of them, their successors or assigns, for which payment well and truly to be made we bind ourselves and our successors by these presents. ' ' Sealed with our seals this 8th day of July, 1921 . : ' ' The condition of the above obligation is such, that "Whereas, on the 30th day of June, 1921, the United States of America, acting through the Secretary of War, issued a certain permit to the said Imperial irrigation district for authority to repair and rebuild a temporary diversion dam, or weir, con- structed by the said district across the Colorado River, at or near Hanlons Heading, Calif., under War Department permit dated February 7 14, 1917, and to maintain the same until July 1, 1922, if said permit is not previously revoked or specifically extended; and ''Whereas the said Yuma County Water Users' Association has heretofore stipulated that a certain temporary restraining order subsisting in cause No. 2429 in the superior court of Yuma County, State of Arizona, wherein said association and others are plain- tiffs and said district and others are defendants may be so modified as to permit the repairing, rebuilding, and maintaining of said temporary dam or weir during the period beginning July 1, 1920, and ending July 1, 1922 (unless sooner removed during said period because of imminent danger to the lands, works, or property of the United States of America or members of said association in accordance with the provisions contained in paragraph 6 of that certain agreement entered into between said associa- tion and said district as of June 10, 1920), without the same being in violation of said restraining order, and has further stipulated that said cause shall not be further prosecuted during said period : and "Whereas it is further provided in said stipulation and in said agreement of June 10, 1920, as a condition precedent to its taking effect, that the said district shall give a bond to the United States of America and said association as joint and several obligees in the penal sum of ?500,000, satisfactory to said association, to reimburse the United States and said association and its constituent members for any damage which may result from the repairing, rebuilding, or maintenance of said dam or weir and further conditioned that said district shall, on or before July 1. 1922, entirely remove or cause to be entirely removed any and all parts of said dam or weir and all parts of all other dams and weirs place ! in .--aid river at or near Tianlons Heading by said district or its predecessors in ownership, operation, or maintenance of the Imperial Valley (Imperial County. Calif, i irrigation project, and all piles and piling, rock and brush, anchors, guys and ties, and all other materials whatsoever placed in said river at or near said I'anlons Heading by said district or its said predecessors at any time whatsoever, for the purpose of which had the effect of impeding the flow of said river and raising the height of the waters thereof so that the same would, or did, more freely flow into the irrigation canals of said district or its said predecessors and that such removal shall be to the extent that all the waters of the said river shall at all DEVELOPMENT OF LOWER COLOEADO RIVER BASIN". 147 times flow as freely to the southward as said waters did flow prior to the placing of any said obstructions therein by said district or its predecessors and so as not to endanger the property of said association or the property of its constituent members. "Now, therefore, if the said Imperial irrigation district shall reimburse the United States of America and Yuma County Water Users' Association and its constituent members for any damage caused by or resulting from the erection or maintenance of said dam or weir, to the lands, works, or property of the United States of America or said association or its constituent members, and shall, on or before July 1, 1922, entirely remove or cause to be entirely removed any and all portions of said dam or weir and other dams and weirs placed in said river at or near said ITanlons Heading, by said district or its predecessors in ownership, operation, or maintenance of the Imperial Valley (Imperial County, Calif. ^ irrigation project, and all piles and piling, rock and brush, anchors, guys and ties, and all materials whatsoever placed in said river at said point by said district or its predecessors, at any time whatsoever, for the purpose of which had the effect of impeding the flow of said river and raising the height of the waters thereof, so that the same would, or did, more freely flow into the irrigation canals of said district, or its said predecessors, and such removal shall be to the extent that all the waters of said river shall at all times flow as freely to the south- ward as said waters did flow prior to the placing of any of said obstructions in said river by said district or its predecessors and so as not to endanger the property of said association or the property of its constituent members, then this obligation shall be null and void; otherwise to be in full force and effect. 'Suit mav be brought upon this bond by either the United States of America or the Yuma County Water Users' Association, acting either jointly or severally, and successive actions may be brought by either or both of said parties, provided, however, that the Imperial irrigation district must be made a party to any action brought on this bond, by due service of process and the obligation of the Imperial irrigation dis- trict hereunder shall only be limited by the full amount of the aggregate of all judg- ments which may be rendered against it and that the obligation of each of the three sureties herein shall be limited respectively to one-third of the amount of any final judgment or judgments which may be rendered against the Imperial irrigation dis- trict, not exceeding, however, the sum of $166,666.67 for each surety, but nothing herein contained, nor shall any judgment or judgments, recovery, or recoveries hereunder, be deemed taken or held to bar the maintaining of any other action or actions against said district by said association or its constituent members, should it, or they, be damaged in a greater amount than the principal sum of this obligation, as the result of the erection or maintenance of said dam or weir or the maintenance of any said obstructions in said river or failure to entirely remove them or any of them as herein conditioned or as may be agreed between said district and said association. "This bond shall be operative to reimburse the obligees herein for any damage resulting to them or either of them from the erection or maintenance of said dam or weir under said permit and said stipulation of whatsoever materials the same may be constructed and notwithstanding that said permit and said stipulation or either of them may be hereafter so modified as to permit said dam or weir to be constructed of different materials than those now contemplated by the principal obligor or the said obligees. "There shall be included in and added to any judgment recovered hereunder by said Yuma County Water Users' Association the sum of $1,000 to reimburse the said association for the costs and expenses of recovering such, as well as such additional sum, as attorneys' fees, as may be deemed reasonable by the court trying the action in which said judgment may be recovered, but shall not add to the liability of said sureties or either of them, each of their liability hereunder being limited as herein- before stipulated. "IMPERIAL IRRIGATION DISTRICT, "By J. S. NICKERSON, President. "Attest: F. H. MC!VER. [SEAL.] "FIDELITY & DEPOSIT Co. OF MARYLAND, "By HARRY D. VANDEVEER, "Attorney in fact. "Attest: W T . M. WALKER, Agent. [SEAL.] "[SEAL.] UNITED STATES FIDELITY & GUARANTY Co., "By W. H. SCHROEDER, "Attorney in fact. "[SEAL.] NATIONAL SURETY Co., "By OATESBY C. THOM, "Attorney in fact. 148 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. "Now, therefore, be it resolved that the action of the President and Secretary in executing and delivering to the United States of America and Yuma County Water Users' Association said bond in the sumjof $500,000 be, and the same is hereby, accepted, approved, ratified, and confirmed." The foregoing motion was seconded by Director Rose and prevailed. IMPERIAL IRRIGATION DISTRICT, Office of Secretary, ss: This is to certify that the foregoing is a full, true, and correct copy of a resolution adopted by the board of directors of said district at their regular adjourned meeting on Wednesday, July 6, 1921. In witness whereof I have hereunto set my hand and the seal of said district this 14th day of July, 1921. F. H. McIvER, Secretary Imperial Irrigation District. AGREEMENT. 1. This indenture, made this 10th day of June, 1920, between Imperial Irrigation District, a municipal corporation duly organized and existing under the laws of the State of California, and doing business in Imperial County. State of California, herein- after called and referred to as the district, and Yuma County Water Users' Association, a corporation duly organized and existing under the laws of the State of Arizonia. and doing business at Yuma, State of Arizona, acting for and on behalf of its, and all of its, constituent members and shareholders; hereinafter called and referred to as the association, Witnesseth: 2. Whereas the district is engaged in the business of appropriating and diverting irrigation waters from the flow of the Colorado River at a point in said river known as Hanlon's Heading, at or near fractional sections 35 and 36, township 16 south, range 21 east, S. B. M., in Yuma County, State of Arizona, for the irrigation and reclamation of many hundreds of thousands of acres in Imperial Valley. Imperial County, State of California, known as Imperial Valley irrigation project: and 3. Whereas, in order to secure a sufficient flow of irrigation water to properly irrigate and reclaim said lands, and to prevent the same from returning to their original desert condition, it is now necessary to erect, and temporarily maintain, during low-water periods on said river, a dam. or weir, in said river, at or near said Hanlons Heading; and 4. Whereas the installation and maintenance of said dam tends to create such a condition in the flow of the waters of said Colorado River as to endanger the works of the Yuma project of the United States Reclamation Service, and the lands and prop- erty of the association and its constituent members and shareholders; and 2. Whereas the association has granted its permission that a weir or dam may be constructed and maintained at said point in said river from July 1, 1920, until July 1, 1922. subject to certain conditions, provisos, and exceptions hereinafter more fully set forth; and has stipulated and agreed that a certain temporary restraining order heretofore issued out of the Superior Court of the State of Arizona, in case No. 2429, and now in force and effect in said court, wherein the said association and others are plaintiffs and the said district and others are defendants, restraining and enjoining the district herein from erecting and maintaining any weir or dam at said point, shall be so modified as to permit the erection and maintenance of a weir or dam therein during said last-mentioned period, and not to further prosecute said suit during said period. 6. Now, therefore, the said district, in consideration of the foregoing, does here- by promise, undertake and agree that, it it becomes necessary, for the accom- plishment of said purposes, to erect and temporarily maintain a dam, or weir, in and across the Colorado River, at or near said Hanlons Heading, as hereinbefore described ; that it shall construct the same out of brush, without the use of any rock whatsoever, and that said brush shall be erected and maintained on the top of the crest of the rock dam and weir heretofore erected by the district so as to hold the water at no greater height than is necessary for the diversion of the amount of water actually required for the irrigation of the lands of said district, and that said bruch weir, or dam, and the materials composing the same, shall be held and maintained in place by a system of piling driven through and erected upon the crest of said rock dam or as near thereto as practicable; if necessary said system of piling to be used in conjunction with certain guy ropes and ties made fast to certain dolphin anchors erected in said river immedi- ately above said rock dam; the height to which the dam is to be maintained and the DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 149 extent of said system of piling to be subject to control by the project manager of the Yuma project; and the district further promises, agrees; and undertakes to remove all of said brush dam, or weir, from out of said river on or prior to, July 1. 1922, and at any other time between said July 1, 1920, and July 1, 1922; that W. W. Schlecht, project manager of the Yuma project of the United States Reclamation Service, or A. Y. Greer, president of the association, or Col. F. B. Downing, district engineer United States Army, or their successors in office shall deem the maintenance of said dam to in any way endanger any of the works of said Yuma project, or any of the lands or property of the association, or its shareholders and constituent members, or any land within said Yuma project on either side of said Colorado River; and the district hereby undertakes and agrees to keep and maintain at or near said dam a sufficient amount of explosives to immediately blow out and remove said dam to such an extent as will permit the free flow of the Colorado River to the southward, so that the same will not endanger any of said property. 7. And the said district further stipulates and agrees that the permission so given to erect and temporarily maintain such a dam or weir in the Colorado River at said point and the permission heretofore given for the erection and maintenance of dams and weirs across the Colorado River at or near said point, and their erection and mainte- nance, and the giving, in the future, of permission to erect and maintain such dams and weirs, shall not be taken, held, or deemed, nor shall either of them be taken, held, or deemed, not to be of irreparable injury to the association, its shareholders and constituent members: and the granting of said permission and the erection and main- tenance of said dams or weirs shall be without prejudice to the right of the association, its shareholders and constituent members, to have entered in said suit No. 2429 or any other proceeding in any other court of competent jurisdiction, upon due and sufficient evidence, a decree permanently restraining the district from constructing and main- taining such weirs or weir or any weir, dam or dams, across said river. 8. And the district, in consideration of the promises as hereinbefore set forth, does hereby further promise, agree, and undertake to pay to the association, its share- holders and constituent members, all damages that may result to them, or to either of them, from injury to their person or property because of the erection or mainte- nance of said brush dam or weir or the erection and maintenance of the rock base upon which the same shall be constructed as hereinfore described, and the district further promises, undertakes, and agrees to pay the association, its shareholders and constitu- ent members any and all damages that may result to them, or either of them, because of the erection or maintenance of the remaining portions of all or any of the rock dams or weirs heretofore placed in said Colorado River at or near said point, including what is known as the Clark Dam or Weir. 9. And it is further stipulated and agreed that the association, or either or any of its constituent members or shareholders, may sue hereunder in their own right and without joining any other party hereto as a party plaintiff: Provided, however. That if more than one of the said shareholders or constituent members should separately sue the district for such damage all of said actions so brought in the same court may be consolidated and tried as one action, each plaintiff recovering the amount of damage that he or she shall have suffered, as finally determined by such court. 10. The district, for and in consideration of said premises, further promises, cove- nants, and agrees to entirely remove from out of the bed of the Colorado River, on or before December 30, 1922, all and all parts of any and all darns and weirs, piles and piling, rock and brush, anchors, guys, ties, and all other material whatsoever placed or caused to be placed therein by the district or its predecessors in the ownership and operation of said Imperial Valley irrigation project at any time whatsoever for the purpose of impeding the flow of said river and raising the height of the waters thereof so that the same would more freely flow into the irrigation canals of the district, or any of its predecessors, and to the extent that all of the waters of the Colorado River shall flow as freely to the southward as said waters did flow prior to the placing of any obstructions in the bed thereof by the district, or any of its said predecessors. 11. It is understood and agreed that the district shall furnish a satisfactory surety bond in the sum of $500,000 to the United States of America and the association, as joint and several obligees, to reimburse them for any damage resulting from the erec- tion or maintenance of said dam or weir and conditioned for the removal of all of said obstructions from said river: and that a recovery or recoveries on said bond shall not be a bar to any action or actions by the association or its constituent members, or any of them, in the event that they or either of them should be damaged because of the district's breach of any of the terms or covenants of this agreement, it being under- I stood and agreed that the district undertakes, promises, and agrees to pay all the " damage that may result bee ause of its breach of any, or all, of the terms, conditions, and covenants of this agreement, notwithstanding the execution and delivery of any 150 DEVELOPMENT OF LOWER COLORADO RIVER I5ASIX. bond, or bonds, or any recovery thereon. And in the event of damage accruing, and said bond becoming exhausted in whole or in part, during the life of this agreement, the district agrees to furnish additional security and assurance so that there will always be during the life of this agreement security against damage to the association in the sum of 8500,000. 12. In consideration of the foregoing premises the district hereby agrees to hold the association harmless in the event it may be required or compelled to pay the rent payable on April 1, 1921, and April 1, 1922, reserved in that certain lease for trie term of three years entered into under date of April 15. 1920, between Agnes C. Heineman and husband and the association for certain lands lying west of the United States Reclama- tion .Service levee in S. 36, T. 16 S. R.. 21 E. S.'B. M.. in Yuma County, Ariz., and the district further agrees to pay to the association on the execution and delivery of this instrument the sum of $2.000, said sum being rent for the last-described tract of land heretofore, on April 1, 1920, paid to said Heineman, and the district further agrees to hold the association free and harmless from all costs, expense, liability, and damage accruing or resulting to the association because of any lease, license, or permit given or granted, expressly or impliedly, by this instrument, or by assignment of, or sub- letting under, said lease, or otherwise by the association to the district for the erection or maintenance of said temporary dam or weir, or for the erection or maintenance of any structure, or structures on said land for the erection or maintenance of said dam or weir. 13. The district ftirther agrees, as a condition subsequent to promptly and with diligence and in good faith take such necessary steps as shall be required under the laws of the State of California to procure, on or before January 1, 1921, funds sufficient for the procuring and construction of another heading and diversion structures with a sufficient aqueduct on the Colorado River at Laguna Dam. in accordance with the terms of the contract between the district and the Secretary of the Interior dated October 23, 1918. In the event of the district failing to comply with the terms of this condition subsequent, the association may, at its option, declare this agreement null and A'oid and revoke all license and permits granted hereunder. And in the event of the procuring said funds the said district further covenants and agrees within three months after the procuring of said funds to begin in good faith (strikes, injunctions, and acts of God excepted) the construction of the necessary works for the procuring of said other heading and diversion point for taking its irrigating water from the Colorado River, as set forth in this paragraph, and to diligently prosecute such construction to completion; otherwise, to pay to the association as a penalty the sum of $500 pet day for each day that there shall be default by the district in complying with the terms and conditions set forth in this paragraph: Provided, however, That nothing in this para- graph contained shall be deemed, taken, or held as being obligatory upon the association to accept said penalty, but that upon such default the association may revoke all permission license and leave granted by this contract as a whole; but in no event shall anything in this paragraph contained be deemed, taken or held to be any waiver of the right of the association, or any of its constituent members or shareholders, to sue for and recover any damage accruing to it, or them, or either of them, because of the breach of any of the terms of this contract; and nothing 'in this paragraph contained shall be deemed, taken or held to relieve the district from liability because of the breach of the covenants of this contract: Provided further , however, That nothing herein con- tained shall be deemed, taken or held by any court, tribunal, board, bureau, person or corporation, whether a party to this contract or not, as a waiver by the association of its right to sue for and recover, either at law or in equity or by other means, the sum of $1,600,000 agreed to be paid by the district to the United States for the use of said Laguna Dam, in accordance with the terms of contract between the said district and the Secretary of the Interior under date of October 23, 1918, but the association dis- claims any right to recover said sum from said district. 14. It is agreed that during the erection and maintenance of said dam or weir the association may employ and retain an inspector or inspectors on said work to ascer- tain and determine if such erection and maintenance is being operated and main- tained in accordance with the terms of this agreement, and said district agrees to reimburse the association for such reasonable compensation as may be paid by it to such inspectors, not to exceed $24 per diem. And the said project manager or his successors in office, in person or by subordinates, may at any time during the life of this agreement enter upon said woVks or any portion thereof for the purpose of ascer- taining if the same or any portion thereof are being constructed and maintained in accordance with the terms and conditions of this agreement, and in the event, of their being constructed or maintained in violation of said terms or conditions to assume con- trol and direction of such works and their construction and maintenance and to oper- ate the same, in whole or in part, as by this agreement prescribed, provided always DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 151 that such control, direction, or operation shall not result in denying lo the district a sufficient supply of irrigation water for the needs of said Imperial Valley irrigation project, except in the emergency contemplated and provided for in paragraph 6 hereof. 15. It is understood and agreed that owing to the fact that the district is a munici- pal corporation of the State of California it may be necessary or appropriate, in the event of the breach of any of the terms or covenants of this agreement, for the asso- ciation to sue hereunder or under said reimbursement bond in the State of California, and that such proceedings, if had. will result in additional cost and expense to the association; wherefore the district, in consideration thereof and said premises, hereby promises and agrees to pay to the association, in the event of action being brought hereunder or under said reimbursement bond in the State of California, the sum of $1,000 to reimburse the association for the additional cost and expense to it of suing in the State of ( alii'ornia and such additional sum for attorney's fees as may be deemed reasonable by the court trying such action. In witness whereof the said corporations have, by order of their respective govern- ing bodies, caused these presents to be executed in their respective corporate names by their presidents and secretaries and attested by their seals the day and year first above written, in duplicate. IMPERIAL IRRIGATION DISTRICT. YUMA COUNTY WATER USERS' ASSOCIATION. STIPULATION. jf In the Superior Court of Yuma County, State of Arizona. Yuma County Water Users' Association et al., plaintiffs, v. Imperial Irrigation District et al., defendants. It is hereby stipulated by and between the above-entitled parties that the defendant, Imperial Irrigation District, may have to and including the 18th day of June, 1917, in which to prepare, file, and present its objections to the filing of plaintiff's so-called supplemental complaint; and further that the defendant. Imperial Irrigation District, may have to and including the 2d day of July, 1917, in which to prepare, serve, and file its answer to plaintiff's amended complaint; and if defendant's objections to plain- tiffs supplemental complaint are overruled, in part 01 in whole, the defendant. Impe- rial Irrigation District, may have to and including the 25th day of June, 1917. in which to prepare, serve, and file its answer to plaintiffs supplemental complaint. The above time is heieby shortened, at the option of attorney for the plaintiff, upon giving the attorney for the defendant, Imperial Irrigation District. 10 days' notice. THOS. MOLLOY, Attorney f 01 Plaintiff. PHIL D. SWING, Attorney for Defendant, Imperial Irrigation Distriet. MODIFIED RESTRAINING ORDER. In the Superior Court, Yuma County, State of Arizona, Yuma County Water User's Association et al., plaintiffs, v. Imperial Irrigation District et al., defendants. In the above-entitled action, the parties hereto having agreed to the same, the tem- porary restraining order heretofore issued is hereby modified and made to read as follows: On reading the verified amended complaint herein and the stipulation of the parties herein, it is hereby ordered as follows: Upon the defendants giving bond in the sum of s| ()0. 000 for the faithful observance hereof, that the defendants are permitted to construct their proposed dam or weir, but in the construction of the same they are hereby commanded, enjoined, and restrained from using any rock in the construction of the said weir, except such rock as may be loaded upon the cars with the steam shovel now in use by said defendants, or another of similar size, and from using any rock larger in size than one-half of 1 cubic yard ; and they are further commanded to commence the removal of any piles or trestle placed by them in the said river not later than October 1, 191(5. and thereafter to remove the same with diligence, and in all events to remove the same not later than November 1, 1910, and also thereafter to remove the other obstructions placed by the defendants in the said river at the time and in the manner directed by the project engineer of the Yuma project of the United States Reclamation Service, and in any event shall remove the same prior to January 1, 1917. Done in open court this 3d day of August. 1916. BAXTER, Judge of Said Court. 1316 22 PT 3 6 152 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. STIPULATION. In the Superior Court, Yuma County, State of Arizona. No. 2429. Yuma County Water Users' Association et al., v. Imperial Irrigation District et al. In the above-entitled action it is hereby stipulated that the temporary restraining order heretofore issued may be modified and made to read as the annexed temporary restraining order. It is further stipulated that the defendant, Imperial Irrigation District hereby admits service and summons herein and submits itself to the jurisdiction of said'court, and agrees to herein file its demurrer or answer within 20 days hereafter. It is further agreed that the said cause will not be tried until after the 1st day of October, 1916, and that the plaintiffs may. if they see fit, amend their complaint herein so as to ask for the carrying out of this stipulation and the temporary injunction herein, and compel the removal of the obstructions placed in the river by the defendants. THOS. D. MOLLOY, Attorney for Plaintiff. M. W. CONKIJNG, Attorney for Defendants. STIPULATION. In the Superior Court of the State of Arizona, in and for the county of Yuma, No. 2429, Yuma County Water Users' Association et al., plaintiffs, r. Imperial Irriga- tion District et al., defendants. The parties hereto hereby stipulate as follows, to wit: 1. That the temporary restraining order heretofore issued herein, now in full force and effect as heretofore modified, may be, and the same is hereby, further modified and shall remain in full force and effect, as so remodified, until the further order of this court, as follows, to wit: That the defendants are permitted to erect and con- struct and temporarily maintain across the Colorado River from a point in or near fractional S. 35, T. 16 S., R. 21 E., S. and B. meridian, in Yuma County, State of Arizona, to a point on the California or Mexico side of said river near w T hat is known as Hanlon's heading of the Imperial Valley irrigation project, a brush dam or weir on the crest of what now remains of a rock dam heretofore placed in said river at said point in accordance with the stipulation of the parties hereto, duly filed herein, and in pursuance of the said restrianing order as heretofore modified and in force and effect, and to so repair and rebuild said rock dam, or as near thereto as practicable; and that said brush weir or dam, and the materials composing the same, shall be held and maintained in place by a system of piling driven through and erected upon the cre?t of said rock dam, or as near thereto as practicable, which said system of piling may be in the form of a trestle upon which may be operated a railroad for dumping material other than rock, if necessary said system of piling to be used in conjunction with certain guy ropes and ties made fast to certain dolphin anchors erected in said river immediately above said rock dam: and that said dam shall be constructed without the placing of any rock whatsoever therein, or in connection therewith, and that the same may be kept and maintained by the defendants at said point in said river, from July 1, 1919, until July 1, 1920: Provided, hminrr. If during said period the Colorado River, whether from floods in the Gila River or from other causes, rises to such a height as, in the judgment of W. W. Schlecht, project manager of the Yuma project of the United States Reclamation Service, or his successor in office, to immi- nently endanger the irrigation works of said Yuma project, or any of the property of the Yuma County Water Users' Association or any of its constituent members, or any land or lands within the said Yuma project on either side of said Colorado River, the said defendants shall immediately remove, by adequate means, such as blasting, said dam to the extent that it will permit the free flow of the waters of the Colorado River to the southward, and thus remove all danger to the property above described. 2. It is further stipulated, as a condition precedent to this stipulation taking effect. that said Imperial Irrigation District shall give a bond to the United States of America and Yuma County Water Users' Association, as joint and several obligees, to reimburse the United States and said association and its constituent members for any damage which may result from the repairing, rebuilding, or maintaining of said dam or weir: and further conditioned that said district shall, on or before April 15. 1921. entirely remove, or cause to be entirely removed, all and all parts of said dam. or weir, and all parts of all other dams and weirs placed in said river at or near said Hanlon's DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 153 heading by said district, or its predecessors in the ownership, operation, or maintenance of the Imperial Valley (Imperial County. Calif..) irrigation project, and all piles and piling, rock and brush, anchors, guys and ties, and all other materials whatsoever placed in said river at or near said Hanlon's heading by said district, or its said prede- cessors, at any time whatsoever, for the purpose or which had the effect of impeding the flow of said river and raising the height of the waters thereof so that the same would or did more freely flow into the irrigation canals of said district, or its said predecessors. and that such removal shall be to the extent that all the waters of the said river shall . at all times flow a? freely to the southward as said waters did flow prior to the placing of any of said obstructions therein bv said district, or its said predecessors, and o as to not endanger the property of said association or the property of its constituent members. 3. And it is further stipulated and agreed between the parties hereto, that the granting of the permission by the plaintiffs herein to the defendants herein, to erect and maintain said brush dam. as hereinbefore stipulated for. and the entering into this stipulation, and the modification of said temporary restraining order shall not be admitted as evidence in this, or any other proceeding whatsoever between the parties hereto; and it shall not be taken, held, or deemed that the construction of said weir, or other, or like, weirs in the past or in the future is not. and shall not be. of irreparable injury to the Yuma < 'ounty Water Users' Association, its shareholders and constituent members; and it is further stipulated that the granting of said permission, and the entering into this stipulation, is and shall be without prejudice to the right of the plaintiffs in this action to have entered a decree upon a final hearing herein, and on sufficient evidence, permanently restraining said irrigation district from constructing such weir or weirs across said river. Dated this 5th day of July, 1919. TEMPORARY RESTRAINING ORDER. In the Superior Court of Yuma County, State of Arizona. Xo. 2429, Yuma County Water Users' Association et al., plaintiffs, c. Imperial Irrigation District et al., defendants. To Imperial Irrigation District. ('. R. /{orL-vood, Tom Hines, John Doe, and Richard Roe, their agents, servants, employees, and attorneys: It satisfactorily appearing, from the reading of the verified complaint herein, that if the defendants are permitted to construct a dam across the Colorado River from a point in Yuma County, State of Arizona, to a point on the Mexican, or California side of said river, for the purpose of raising and forcing the waters of said river into the ditches and canals of the defendant Imperial Irrigation District, that great, immediate, and irreparable injury and damage will result to the plaintiffs therefrom by the prevention thereby of the scouring, eroding, and washing downward of the bottom of said river, thereby causing the waters of said river to erode, wash away, and overflow the levees which protect the lands of the plaintiffs and the persons for whom they sue herein, and thereby causing the water table underlying said lands to be raised and thereby impregnating the said land with an excessive quantity of deleterious salts; and that if notice should be given of a hearing hereon the giving of notice of an appli- cation for an interlocutory writ of injunction and the delay incident thereto would permit the defendants to erect so much of said proposed and threatened dam as would result in immediate and irreparable injury, as aforesaid, to the plaintiffs and the per- sons for whom they sue herein before notice could be served and a hearing had thereon; and it further appearing that the damage threatened to be inflicted upon and suffered by the plaintiffs and the persons for whom they sue herein is not of a nature to be compensation by a money judgment, and that the defendants can not, in any event, respond in damages. You and each of you are, therefore, commanded, enjoined, and restrained, and earn of your agents, servants, attorneys, and employees are commanded, enjoined, and restrained, until the further order of this court, and without further notice, from in any way constructing or erecting, or attempting to construct or erect, a dam or dams or any obstruction whatsoever across the Colorado River from a point at, in or near fractional section 3">. T. 10 S.. R. 21 E.. (i. A S. R. meridian, in Yuma County. State of Arizona, or any other point whatsoever in said Yuma < 'ounty. to a point on the California or Mexican side of said river about 400 feet below the C. D. heading, or to any other point whatsoever on the right bank of said river for the purpose of raising and forcing the waters of said river into the ditches and canals of said Imperial Irrigation Co., or for any purpose whatsoever; and you are herein- commanded and enjoined to instantly cease and desist from driving any piles, or doing any other act whatsoever, 154 - DEVELOPMKXT OF LOWER COLORADO RIVER BASIN. in furtherance of the erection or construction of any such dam or dams or in further impeding the flow of said Colorado River upon plaintiffs giving bond in $1,000. And you are directed to show cause before said court, in the court room at Yuma, Ariz., on Thursday the LOth day of August, 1916, why a permanent injunction shall not issue restraining you from the preformance of said acts. Done in open court this 1st day of August, 191(5, at the hour of 4.55 o'clock p. m. FRAXK BAXTER, J.iiilyr oj sai/l ( 'm/rt. I, II. B. Farmer, clerk of the superior court of Yuma County, State of Arizona, the same being a court of record, do hereby certify that the bond mentioned in the within order has been filed and approved. [SEAL.] H. B. FARMER, Clerk. Mr. SMITH of Idaho. Mr. Nickerson. do you wish to present any further facts to the committee? Mr. Nickerson. Well, I might say something further. Mr. SMITH of Idaho. Can you conveniently remain over till next week? Mr. NICKERSON. No; I have made arrangements to leave. I can remain only to-day. Mr. SWING. I ask unanimous consent that Mr. Nickerson if he desires to add anything be given a reasonable length of time to file an additional written statement. He can probably submit that before he leaves. Mr. NICKERSON. May I say one more word? We have tried to bring the facts up to you gentlemen, and if you are not satisfied with them I want to invite you to come down there, this committee, and see for yourselves. If you do not feel that you are able to act on the evidence we have produced here, I want to ask you to come down on the ground, and I will say that we will pay all expenses both ways to get you there because I tell you we have got to have help. We can not wait until the next Congress: we want you to do something right now. If you are going to have a recess, all right, but when you come back we want you to act to save those people down there from destruction. I can prove to you that every word I have said is absolutely true, and it is up to you gentlemen and you are the agencies we have got to depend on to get us out of this trouble. I thank you for the time you have given me and I wish I had more, but I want you to have that in mind now, that we can not wait till next August to get something done for us. If you will only start something it will give us a credit, it will put confidence in the people, it will put confidence in the banks. Business men there have come to me, the best men we have got in that country, and they have said to me, ''For God's sake, Nickerson, get something done, get that flood taken care of, so it will put value on your land and we can come down there and loan money to you." We can't get a dollar from the Federal farm loan or the local banks or the banks in Los Angeles. Mr. SMITH of Idaho. I think the committee ought to recognize the emergency that is confronting the people and the property interests there, but this is a great question and of course the committee will have to give it consideration and submit the facts to the House. I do not think there are very many Members of the House outside of this committee that know much about this. Mr. RAKER. It would be a wonderful thing if this committee as a committee could go down there and see that country, see the actual physical conditions as they exist. Mr. XICKERSOX. Arizona is in Mr. Hayden's country, and the Yuma district is in nearly as bad a fix as we are, not quite. " They had 2.000 acres covered up last year and the people had to take their things and go to the hills. If you people are not satisfied with the information you have gotten, gentlemen, you ought to get it, because we have gone through the department and have gotten up to you now, and it is up to you people to act. I feel that if I had not done thig the responsibility would have been on us. but I feel now that it is on you. Mr. RAKER. I'think I will come down into that section and see it myself this fall. Mr. NICKERSON. \Ye will be glad to see you, but we would like to see the whole committee. We can prove every word that we say, gentlemen. Mr. SMITH of Idaho. We appreciate very much the information that you have given us, Mr. Nickerson, and we feel that you are very well advised in regard to conditions on the lower Colorado River. Mr. NICKERSON. I ought to be: I have been in that country for a good many years, and the people must think that I know something about it or they would kick me out. I Mr. HAYDEN. I was unavoidably detained at my office at the beginning of to-day's session of the committee. I have since been informed that some telegrams and a DEVELOPMENT OF LOWER COLOEADO RIVER BASIN. 155 letter were included in the record. Mr. Nickerson has also mentioned the interest of Arizona in this matter. I have some statements, articles, and letters from a number of engineers who have discussed the Colorado River problem which I consider worthy of the attention of this committee. I therefore ask leave to have the same printed as a part of these hearings, together with a letter from the Arizona State water commis- sioner, extracts from which I have heretofore read. Mr. SMITH of Idaho. If there is no objection they may be inserted in the record. Mr. RAKER. What is their attitude in this matter? Mr. HAYDEN. Varying attitudes, but principally pointing out the great interest that Arizona has in the control of the Colorado River. (The matter referred to is as follows:) PHOENIX, ARIZ., May (>, 1922. Hon. CARL HAYDEN, House of Representatives, Washington, D. C. MY DEAR MR. HAYDEN: I beg to acknowledge receipt of your letter of April 29, inclosing copy of the Swing bill. H. R. 11449, which I have read over with a great deal of interest and some misgiving and will give you my reflection thereon. In the first section, beginning with line 8 to the end of the section, the language is objected to for the reason that it takes out of the control of the State of Arizona one of her largest undeveloped resources, and one to which we have long looked to be of very great benefit to our State when developed. It would appear from the language that all persons, municipal corporations, private corporations, or States would be prevented from constructing or owning any dams or diversion works in the Colorado Riv'er below the mouth of the Green River. I personally object to this presumed reservation on the part of the United States of the exclusive right to construct, etc., because, as I deem it. the United States has no authority to make any such reserva- tion, nor can such authority be granted by Congress, and, in brief, my reasons for this statement are based on many cases decided by our United States Supreme Court, a very few of which I will cite: In Martin r. Waddell (16 Pet. 367) it was held when the American Revolution was concluded, the people of each State became themselves sovereign, and in that char- acter held the absolute right to all their navigable waters and the soils under them for their own common use, subject only to the rights since surrendered by the Consti- tution to the General Government. In Pollard r. Hagan (3 How. 212) it was held that the Government of the United States did not by reason of that enactment possess any more power over the navigable waters of Alabama than it possessed over the navigable waters of other States under the provisions of the Constitution, and that Alabama had as much power over thoee navigable waters as the original States possessed over the navigable waters within their respective limits. It was also held that the shores of navigable waters and the soils under them were not granted by the Constitution of the United States, but were reserved to the States, respectively, and the new States had the game rights, sovereignty, and jurisdiction over the subject as the original States. In Hardin v. Jordan (140 U. S. 371), the court said: "This right of the States to regulate and control the shores of tide waters and the land under them is the same as that which is exercised by the Crown in England. In this country the same rule has been extended to our great navigable lakes, which are treated as inland seas; and also, in some of the States, the navigable rivers, as the Mississippi, the Missouri, the Ohio, and in Pennsylvania to all the permanent rivers of the State, but it depends on the law of each State to what waters and to what extent this prerogatory of the State over the lands under water shall be exercised." In the same case Mr. Justice Brewer, in his dissenting opinion, stated: "That the question how far the title of the riparian owner extends is one of local law. For a determination of that question the siatutes of the State and the decisions of ite highest court furnish the best and the final authority." In Kaukauna Water Power Co. v. Green Bay & Misissippi Canal Cos. (142 U. S. 254) Mr. JustirejBrown, in delivering the opinion of the court, said: "It is the settled law of Wisconsin, announced in repeated decisions of ite supreme court, that the ownership of riparian proprietors extends to the center or thread of the stream, subject, if such stream be navigable, to the right of the public to its use as a public highway for the passage of its vessels. * * * "With respect to such rights we have held that the law of the State, as closed by ita supreme court, is controlling as a rule of property." In Shively v. Bowlby (152 U. S. 1) it was held that upon the question how far the title of the owner of the land extends bordering upon a river actually navigable both above the ebb and flow of the tide, there is a diversity in the laws of the different States; and that the title and rights or riparian or littoral proprietors in the soil below 156 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. high-water mark are governed by the law? \ the several States, subject to the rights granted to the United States by the Constitution. In the same case it was held: "The jurisdiction of the State over this question of riparian ownership has always been, from the foundation of the Government, recog- nized and admitted by this court." In Weber v. the Board of Harbor Commissions (Wall. 57, U. S. Kept. 85 1. Mr. Justice Field, in delivering the opinion of the court, among other things, said: "Although the title to the soil under the tidewaters of the bay was acquired by the United States by cession from Mexico, equally with the title to the upland, they held it only in trust for the future State. Upon the admission of California into the Union upon equal footing with the original States, absolute property in and dominion and sovereignty over all soils under the tidewaters within her limits passed to the State, with the con- sequent right to dispose of the title to any part of said soils in such manner as she might deem proper, subject only to the paramount right of navigation of the waters so far as such navigation might be required by the necessities of commerce with foreign nations or among the several States, the regulation of which is vested in the General Govern- ment." In Port of Seattle v. Oregon & Washington Railroad Co. and J. F. Duthie cV <',,.. reported in Xo. 8, advance sheets. United States Supreme Court, page 265, March 1. 1921. Mr. Justice Brandeis. in delivering the opinion of the court, among other things, said, first: "The right of the United States in the navigable waters within the several States is limited to the control thereof for purposes of navigation. * * "The extent of the State's ownership of the land is more accurately defined by the decision of the highest court as being tne land below high -water mark or the meander line, whichever of these lines is the lower. The character of the State's ownership in the land and in the waters is the full proprietary right. The State, being the absolute owner of the tidelands and the waters over them, is free in conveying tide- lands either to grant with them rights in the adjoining water area or to completely withhold all such rights." From these citations and many others that might be made, I conceive the notion that the United States can not reserve to itself the exclusive control of the Colorado River from the mouth of the Green to the Gulf of California, for I hold that the State of Arizona owns the bed of the stream from high-water mark to high-water mark and the waters flowing in the stream within the confines of the State or Arizona: that the right of the State of Arizona is a proprietary right ; that under the laws of the State of Arizona, even the Government of the United States must make application to the State for a permit the same as any individual, company, or corporation. The bill appears to view the whole situation from a California standpoint and to entirely absorb Arizona and its rights in the river. Section 2 of the bill authorizes the construction of the Boulder Canyon Dam. and also the construction of the proposed all-American canal, which is a purely California project. To neither of these projects do we. so far as I am personally concerned, have any objection so long as the Boulder Canyon Dam is constructed in the place where and in the manner which w r ould best serve the interests of the State of Arizona, and that the rights of Arizona are maintained in such development. Section 3 gives to the Secretary of the Interior the right to dispose of the utilization of the water for the generation of electric power, and my own opinion is that it should include the statement that the State of Arizona should have a preferred right to the extent of the needs of the State. Section 4 of the bill should also include the statement that the State of Arizona should have a preferred right to take over the property wholly within the State upon the payment as suggested in the section. Section 5 of the bill is a grant to the Secretary of the Interior to allow the purchase of property in the State of Arizona by such political subdivisions that shall have heen allocated fights for the generation of power. This, of course, has particular reference to the City of Los Angeles. Imperial Valley, other cities in Southern California and the State of California, and it does not appear to me that either the State of California or any political subdivision of the State of California should be permitted to purchase and own property that might be determined to be real property, of the character referred to. in the State of Arizona in perpetuity, and. therefore. I object to section 5 in its present form. I realize that if the Boulder Canyon Dam were constructed at the present time, it would be necessary to allow a portion at least of the power to go to California points, as well as Nevada'and Utah, because there would not be a market for all the power that could be produced there within the State of Arizona, and I see no objection in that, but to allow IMS Angeles, for instance, to come into the State of Arizona and purchase the power plant and lands necessary in its operation, or the dam and the DEVELOPMENT OF LOWER COLORADO RIVER BASIN". 157 plant, to hold in perpetuity. I think is goins too far. There should be a time limit on any possessory right owned by outside political subdivisions, at the termination of which either the Government of the United States or the State of Arizona should have the right to take over the property and rights attached thereto. I see no objection to section (i and the sections following, except that the bill is practically for the development of California and does not include any develonment in the State of Arizona, except the development of power generally. On the whole. I think the bill should be materially amended, for in some particulars it conflicts with the authority delegated to the Colorado River Commission, and until the Colorado River Commission compact has been made and ratified we do not know all the provisions it wil\ contain, but whatever provisions it shall contain, must be deemed the law of the basin; all other laws of the .States involved pertaining to the same subject to the contrary notwithstanding. Very truly yours. W. S. XORVIEL, State Water Commissioner. THE COLORADO RIVER AND ARIZONA'S INTEREST IN ITS DEVELOPMENT. [By G. E. P. Smith, Irrigation Engineer, Univerity of Arizona.] It is nearly 400 years since Spanish explorers discovered the canyons of the Colorado River. During these centuries mankind has coped with many problems and has surmounted great obstacles. But the 600-mile stretch of canyon of the Colorado of the West is still under nature's control. No stone has been turned to impede the flow of water; no revolving wheel converts the power of the flood to useful purposes. The development of the great river is a stupendous problem. Not alone is the lay- man staggered by the difficulties involved and by the immensity of the stakes, but the engineer is challenged and is struggling to conceive of the gigantic works that are required dams of twice the height of the highest dam yet attempted, reservoirs 12 to 20 times as large as the largest artificial reservoir in the world, and power generation on a prodigious scale. GEOGRAPHY AND IRRIGABLE LANDS. Before presenting the problems of the Colorado River it may be helpful to review the geography oi the region and to present a digest of the character and extent of the water supply. The drainage basin of the Colorado is shown in figure 1. It includes parts of seven States the southwestern part of Wyoming, the western half of Colorado, the eastern half of Utah, a strip along the west side of New Mexico, all of Arizona except the south- east corner, the southeast part of Nevada, and the southeast edge of California in all, 251,000 square miles. The watershed on the east side of the basin is the Continental Divide, from the Mexican boundary line almost to Yellowstone Park. All of the northern half of the basin, and part of the southern half, consists of high, mountainous country, on which there is a heavy annual precipitation. Until a year ago that part of the stream system draining western Colorado was called the Grand River. In the southeastern part of Utah that stream unites with the Green River, the headwaters of which are in Wyoming. Below the junction of the Grand and the Green the stream was called the Colorado. A year ago, by congressional action, the name of the Grand was changed to Colorado; presumably geography and, ultimately, public usage will adopt the new name for the upper river. The principal tributaries below the junction of the Green and the Grand are the San Juan, flowing westerly from the northwest corner of New Mexico; the Little Colorado, which drains the north side of the Mogollon Rim in Arizona; and the Gila, which drains the central and southern parts of Arizona. In the upper basin, that is. the basin above the Grand Canyon, there is a large area of land under cultivation, about 1,500,000 acres, mostly on the headwaters and tributaries where diversions from the streams are easily accomplished. The irrigation of the land, however, requires comparatively little water, on account of the high altitude, cold climate and short growing season, and part of the water applied returns underground to the stream. An even greater area, now idle, is susceptible of irrigation, part of it, however, at such high cost as to make the projects of doubtful feasibility. Studies made by the United States Reclamation Service indicate that the irrigated area in the upper basin will be increased to 3.000,000 acres. In the lower basin, below the Grand Canyon, the areas irrigated in 1920 included 39,000 acres between Needles and Yuma, mostly on the California side; 54,000 acres 158 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. in the Yuma project; 415.000 acres in the Imperial Valley; and 190.000 acres south of the international boundary line a total of 698.000 acres. " This total is almost exactly double the acreage irrigated in 1913. showing the rapid rate of increase in the use of water in the lower basin. The possible extension of irrigation in the lower basin has not been determined fully, but conservative estimates indicate that the following additional areas can be brought under irrigation: 260.000 acres between Needles and Yuma, 150,000 acres of which is on the Arizona side; 76,000 acres in the Yuma project; 400,000 acres in the Imperial and Coachella Valleys; and 630.000 acres in Mexico. WATER SUPPLY. Engineers have methods, of comparative accuracy, for measuring the quantity of water flowing in rivers. The record of the flow, day by day, month by month, shows the extent of the water supply and its fluctuations, and furnishes a basis for the design of engineering works. On the Colorado River and its tributaries, many gauging stations, at carefully chosen locations, have been kept for varying periods of time, some of the records extending over 25 years. The records of stream flow at Yuma have been kept since January, 1902. The gaging station is below the mouth of the Gila River and below the Yuma diversion dam, but above the head gates of the Imperial Canal. The average annual flow at the gaging station for the period 1902-1920 was 17.300,000 acre-feet. Had the present irrigated area been under irrigation throughout the period of the record, the average annual flow would have been about 16,000.000 acre-feet. The average flow at Boulder Canyon is practically the same amount, since diversions and losses between Boulder Canyon and Yuma are balanced by the inflow of tributaries. Most of the water comes from the upper basin. At the junction of the Grand and the Green, the average annual discharge of the Grand is 6,900,000 acre-feet, and of the Green 5,500,000 acre-feet. The Green and Grand and San Juan Rivers together, though draining less than two-fifths of the area of the Colorado Basin, furnish 86 per cent of the total water supply. By far the greater part of the precipitation in Colorado and Wyoming is in the form of snow. During the winter the snow accumulates to great depths. The melting of the snow during the spring months produces a long period of high water, the annual flood, which lasts from two to three months and reaches its highest point at Yuma usually in June. During the June flood of 1909, the flow at Yuma reached 150,000 cubic feet per second. On June 27, 1921, all previous June records were broken by a flow of 186,000 cubic feet per second. The low-water season begins in August and lasts from three to seven months. The minimum flow at Yuma has been below 4,000 cubic feet per second during several low-water seasons. The Gila River drains an area of 57,000 square miles. While the average annual discharge of the river is not great it is very variable. In 1916 the discharge of the river at its mouth was 4,500,000 acre-feet: in some other years the total has been less than 100,000 acre-feet. Short-lived, "flashy" floods, greater than the highest peak floods in the Colorado, occur at times. The flow on January 16, 1916, reached 220,000 cubic feet per second. It is fortunate that the Gila floods do not come at the same time as the Colorado floods, in May or June. Should they coincide, the menace to the Yuma and Imperial valleys would be intensified; the levees would be overwhelmed. RESERVOIR SITES. There are scores, hundreds, of storage sites in the middle and upper parts of the Colorado Basin. Many of them have been surveyed, and at several of the sites the depth to bedrock has been ascertained by diamond drilling. The Strawberry Valley site in Utah and the Roosevelt site in Arizona and some small sites have been occu- pied already. For the complete regulation and utili/ation of the river, there are adequate natural opportunities: the real problem is as to which is the best. A few of the largest and most promising sites, those which are of greatest public interest,, will be discussed. The Dewey Reservoir site is situated on the Grand River just west of the Utah- Colorado line. Although one of the last to be discovered, it is one of the best. It is the only site for a large reservoir on the Grand River except the Kremmling, and that site is occupied by a railroad. The bedrock at the Dewey site is only 44 feet below the river bed, and the capacity with a dam only 215 feet high from river bed to spillway is 2,300,000 acre-feet. The Flaming Gorge site is on the Green River in Utah just south of the Wyoming line. The greatest depth to bedrock is 73 feet, and a 215-foot dam will impound 3,120,000 acre-feet. The width of the canyon is 200 feet. The Flaming Gorge and the Dewey sites control the most important headwaters of the Colorado. Both are excellent projects and should be under construction to-day. DEVELOPMENT OF LOWER COLORADO RIVER BASIX. 159 Another excellent site is on the Yampa tributary, near Juniper Mountain. The drainage area is small, but the stream flow approximates 1.000,000 acre-feet of water per year. A 200-foot clam would provide a capacity of 1,500,000 acre-feet. The depth to bedrock is 21 feet. The Ouray Reservoir site is on the Green River a hundred miles below the Flaming _re site. This site is remarkable in that a dam only 210 feet high would impound 16,000,000 acre-feet of water. The greatest depth to bedrock, a factor of great influ- ence on the cost of a dam, is 121 feet, and the canyon is not narrow. This site should be held available by the Federal Government until it is absolutely certain that the site is not needed in the general scheme for development of the river. If the site is restored to entry, it will be seized at once by the Denver & Salt Lake Railroad. The railway can be built around the reservoir site. A reservoir at the junction of the Green and the Grand has been under consideration for many years. It would regulate partially both streams. A dam 250 feet high would impound 7,450,000 acre-feet. Borings were made to 120 feet without encoun- tering bedrock. It is unfortunate that the borings were not carried somewhat deeper. An apparently excellent reservoir site exists on the San Juan near Bluff, Utah, but its feasibility has not been established by test holes to find bedrock. A dam 264 feet high would create a reservoir of 2,600,000 acre-feet capacity. The accumulation of silt in this reservoir would be very rapid. The Glen Canyon, or Lees Ferry, site outclasses all other proposed sites in its gigantic possibilities. The maximum development contemplates a dam 700 feet high, 450 feet long at the level of the river, and 1,400 feet long on top. The proposed slopes are One to six downstream and one to four upstream, making the length of base up and downstream over a mile. The capacity of the reservoir would be over 50,000,000 acre-feet, and 86 per cent of the entire water supply of the Colorado Basin would be regulated completely. Over a million continuous horsepower could be developed without sacrifice of irrigation interests. Complete surveys of the reservoir site have been made during the last few months. No test borings have been made, and it is stated that the depth to bedrock is not a crucial matter on account of the radial char- acter of the dam contemplated. Test borings should be made at once. Excellent dam sites exist in Cataract Canyon and Marble Canyon. The project for Marble Canyon provides for a power development of 1,300,000 horsepower, but the storage possibilities are small. This will be the last of the major projects because of its magnitude and high cost. On the Little Colorado River there is a dam site at Tolchaco, where the entire flood flow of that stream can be controlled by a dam 50 feet high. The site at the mouth of Diamond Creek is of particular interest to Arizona, on account of its favorable location and because it is controlled by Arizona people. The site is only 16 miles from Peach Springs, a station on the Santa Fe Railroad. It is a power project only, there being practically no storage. Present plans, subject to modification, call for a dam 284 feet high, 324 feet above bedrock, to the spillway crest, and the top of the structure would be 25 feet higher. About 110.000 horsepower could be developed with the unregulated flow of the river, but in case the flow is equalized by a project with storage farther up the river the ultimate power development may reach (iOO.OOO horsepower. The canyon at this site is only 220 feet wide at the water level, and the length of the dam at the top will be 600 feet, about the same as the Roosevelt Dam. The walls and foundation are of granite. The main electric trans- mission line would extend through, or near, Prescott, Phoenix, Mesa, Florence, and Tucson to Douglas, with important laterals to Jerome, Ray, Globe, Clifton, Ajo, and Yurna. The Boulder Canyon site is in a similar narrow canyon in granite rock. The canyon walls are 300 feet apart. Here it is proposed to build a solid concrete masonry dam 600 feet high, 735 feet above bedrock, to elevation 1,300 feet above sea level. The capacity of the reservoir is 31,600,000 acre-feet, and the estimated cost of the dam alone is $55,000,000. The great depth to bedrock is the main disadvantage of this site. While the problems of carrying the foundation to so great a depth and of passing the annual and occasional floods of the river during the construction period strike terror to the heart of the engineer, the task can be accomplished if adequate funds are provided. The power development will be 700,000 continuous horsepower as long as the irrigated area in the lower basin does not exceed 1,500,000 acres, and will decrease to 600,000 horsepower as the acreage increases to 2,000,000 acres. The last annual report of the United States Reclamation Service states that an in- spection of the lower river was made by boat by Homer Hamlin. a noted engineer, in April, 1920, and that he reports that there is no 9-ood dm site for a storage reservoir between Boulder Canvon and Yuma. 160 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. THE THREE GREAT PROBLEMS. Three objects are sought in the development of the Colorado River. They are: (1) Storage for flood protection; (2) storage to provide more water for the latter half of the irrigation season and for dry years; and (3) hydroelectric power. The flood protection is the main incentive which is spurring many agencies to action. The people of the Imperial Valley, for Hi years, have been lighting a defensive battle against the Colorado, sometimes gaining, sometimes losing, but in the main losing. They can not hold out for many more years. At least once every year, in June, and sometimes at other seasons, the river threatens to change its course frcm the Gulf of California to the Imperial Valley, as it did in 1905. The only protection at present is the system of levees, called respectively the first, second, and third lines of defense. Frequently the floods breakthrough the first and second lines and reach the third line. Each year the river, through silt deposition, builds up that part of the alluvial fan in front of the levees, in some years as much as 4 feet, and each year the levees must be raised an equal amount. Over one-quarter of a million dollars is expended each year by the farmers of the Imperial Valley in this work. The limit will be reached soon. Levees 40 or 50 feet high can not be maintained. The Yuma Valley also is protected by levees, but the danger there does not increase. Arizona hopes to develop another great irrigated valley farther upstream at Parker, but much of the Parker Valley is now subject to overflow and must be protected by an expensive system of levees unless adequate regulation of the flood waters is provided by storage reservoirs. Regulation of the Green and the Grand will solve the problem in large measure, but tributaries below the junction must be given consideration. On one occasion a flood of 150,000 second-feet measured at Bluff, Utah, was contributed by the San Juan, and the Gila River floods likewise are a menace with which to reckon. As for storage to equalize the supply for irrigation, the situation is more critical than is commonly known. Despite the great excess of water which is wasted to the ocean each year, there is an actual shortage during the latter part of the irrigation season in dry years. In 1915 the entire flow of the river was diverted into the Imperial Canal at the end of August, and yet there was not enough water to meet the demand. Since that time the acreage irrigated from the river has increased 300,000 acres. If the natural flow next September is as low as it was in 1915, there will be 300,000 acres of crops without any water to bring them to maturity, and the financial loss and human suffering will be appalling. Again, it is the Imperial Valley that is in danger, for other projects have the advantage of location upstream. No further expansion of irrigation use should be allowed until storage is provided ; it should be admitted that the natural flow is entirely appropriated. It does not seem practicable, however, to prevent continued appropriation and use of water in Utah and Colorado. But how can storage be financed? The Imperial Valley is burdened already with a heavy bonded indebtedness and is facing the further problem of the all-American canal, which is expected to cost $30,000,000. The farmers can not finance the river regulation which they require and must have. Now enters the third element of the great project power. The power possibilities are so great, and power is so valuable, that it is estimated the sale of power will pay for the entire project. A few months ago the proposal was to charge 5 per cent of the cost of the storage dam to irrigation, 10 per cent to flood protection, and 85 per cent to power. Now it is proposed to charge the entire cost to the power privileges. About 4,000,000 horsepower can be developed in Arizona at the four sites mentioned above. Is there a market for so much power? Arizona can take about 100,000 horsepower to replace present steam plants. Cheap power will permit of increased pump irriga- tion, the mining of lower grade ores, and the electrification of our railways. We shall have factories where our own raw materials can be fabricated, cotton mills, copper and brass foundries; and the electrolytic refining of Arizona copper can be done in our own State. All city and house lighting will be done with hydroelectric power, and any excess can be used for making nitrate fertilizers. But other States, especially California, will compete for the power. A great amount can be marketed in southern California now. It is estimated that in 15 years all possible hydroelectric development in that State will have been accomplished, and California interests are looking much farther ahead than that. Nearly all of the power requirements of the mining industry in Arizona are now supplied from petroleum fuel oil. The best opinions regarding the future supply of fuel oil point to a diminution of the supply and rapidly rising prices. It is essential that hydroelectric power be developed to replace the failing oil supply. DEVELOPMENT OF LOWER COLOEADO RIVER BASIN. 161 PROPOSAL OF THE UNITED STATES RECLAMATION" SERVICE. Engineers of the United States Reclamation Service have been studying the problem of the Colorado for eight years, and have decided quite definitely on what they believe should be the first project. The service has recommended to Congress that it should be a project of the Federal Government, and the Secretary of the Interior stated pub- licly at the Riverside and San Diego conventions in December, 1921, that, because of the international and interstate character of the river, the Federal Government is the only competent agency to construct the great dam that must be built, and to control and operate its gates. He is right, and Arizona should back to the the limit Federal ownership and operation of the main river-control project. The Reclamation Service recommends that the dam be located in Boulder Canyon , on the boundary line between Arizona and Nevada. On account of the peculiar situation, the west end of the dam would be re,st on the Arizona side. A transmission line from that point to Phoenix would be about 250 miles long, and a line to Los Angeles 277 miles in length. The proposed 600-foot dam provides for storage for irrigation and for storage of silt for 60 years, and for 5,000,000 acre-feet capacity at the top to be used only for detention of high-flood crests, such as those of 1907, 1909, 1914, and 1920. Last July, when Congress was committed to retrenchment, and it seemed impossible to interest the East in this most necessary undertaking, plans were made to contract the power privileges in advance to municipalities and States or to other purchasers, and the purchasers were to obtain the necessary funds through sale of bond issues. The, city of Los Angeles was ready to take all or as much of the power as would be allowed to that city. Now, it is believed that there is a good fighting chance to obtain the money through Federal appropriation, with ultimate return of the cost to the Government by the sale of power. ALTERNATIVE PROPOSALS. Although crystallization of sentiment in favor of Boulder Canyon project has made considerable headway, still some widely divergent views are being expressed, and it may not be impertinent to discuss alternative proposals. It is contended that for many reasons the river development should begin farther upstream. That the Boulder Canyon site is the one nearest to the best market for power is a sound argument. Of the other arguments advanced for that site, some are not valid, and fhe others may be met by the statement that extensive storage in the upper basin can be followed advan- tageously, and will be, by projects providing additional storage on the lower river. If the flood hazard is removed or is greatly reduced by means of extensive storage in Utah, the Boulder Canyon Dam can be built at much less cost and in fewer years. Further, if the river regulation is effected in the upper basin, the power sites from Glen Canyon to Boulder Canyon, inclusive, become much more valuable, since the water supply is equalized and because less reserve space is required for detention purposes. The upper locations will be developed eventually; why not now? From that standpoint the Dewey site on the Grand River and the Flaming Gorge site on the Green offer the best solution. Hoth dams could be built at once, and the total cost would be only about $25.000,000. The Juniper Mountain Reservoir would cost $4,000.000. These sites are above the great silt-gathering area of the drainage basin. The Flaming Gorge and Dewey Reservoirs would provide ample late-summer water supply for the lower basin for many years to come. The Flaming Gorge Reser- voir would serve to reduce the spring floods on the Green River one-third, and the Dewey Reservoir would take the peak off from the spring floods of the Grand. The Dewey Reservoir would be operated so as to be entirely empty at the beginning of the flood period. Both dams could be completed in five years. It is premised, however, that the construction of these dams would be followed by that of one or more others farther downstream possibly one on the San Juan or at Lees Ferry, and either the Diamond Creek Dam or Boulder Canyon Dam or both. The dams on the headwaters should be built under the same theory of government as were the 33 dams on the Ohio River, that is. to secure river regulation and control, to make the stream man- ageable and utilizable. Navigation is no more vital to the economic and social welfare of the group of six States bordering the Ohio than is the taming and harnessing of the Colorado to the welfare of the seven States along its course. In due time the Govern- ment might be reimbursed for the investment, for, after the construction of large storage reservoirs in Arizona, the Utah reservoirs would be of great value for power production. The Diamond Creek project is capable of comparatively rapid construction, and is quite likely to go ahead of the Boulder Dam in point of time. It would be a strictly 162 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. Arizona enterprise, and free from the entangling jurisdictions that are inevitable in the larger projects. It does not in any way lessen the necessity for the Boulder Dam or some other dam which can provide storage and flood control. Another proposal is to make Lees Fern- Reservoir the first major undertaking. On account of the type of dam planned, the extent of flooding in the river during con- struction would be immaterial. This reservoir as planned would store 30 per cent more water than the Boulder Canyon Reservoir, the production of power would be much greater, and the cost would be less. However, on account of the radical design and proposed methods of construction, the project should be submitted to the best engineering talent in the world before it can be right or wise to adopt it. WATER RIGHTS. The Supreme Court of the United States has decided that in the case of interstate- streams in the arid region, neither the riparian theory of water rights nor the priority of appropriation theory can obtain, but that each State is entitled to benefit from the river to substantial benefits. Presumably, the distribution of benefits must be made by the Federal court. But in the cage of the Colorado River, where there is water enough for all. there seems to be no necessity for any litigation. The States of the upper basin seem to fear that the construction of large reservoirs will serve automatically to appropriate the waters of the river for use in the lower basin, and that additional development of irrigation in the upper States will be pre- vented. Oft -repeated assertions of the United States Geological Survey and the United States Reclamation Service that the water supply is ample and adequate for all of the irrigable lands of both upper and lower basins have not served to allay the fear. Another cause of alarm in Colorado is the doubt as to whether that State will be allowed to divert 310.000 acre-feet of water per year from the Colorado basin, through tunnels at narrow places in the watershed, for use on the plains north and east of Denver, as is desired. The upper States therefore are demanding a guaranty of unrestricted irrigation development in the upper basin before they will lend their support or consent to a Federal project in the canyon region. The lower-basin States are asking for an allot- ment of the water supply among the seven States. The wisdom of a perpetual guaranty or of an allotment of the waters of the river is questionable. On no other river basin has either been attempted. It is not possi- ble to foresee conditions a hundred years ahead, or even 30 years ahead. All irri- gators who are putting the water to beneficial use should be protected, but in princi- ple it may be exceedingly dangerous to reserve a valuable water supply for a project which may prove to be of doubtful feasibility. If an allotment of the water is attempted, most of the seven States will advance extravagant claims to water. Some of the States most involved have no adequate conception of the feasibility of their projects, and no just allotment can be made without thorough surveys of all proposed irrigation lands. It is unlikely that any allotment can be proposed which will not be held up in some legislature for many years, and meanwhile the ruin of the Imperial Valley may be accomplished. There is no necessity for a distribution of the unused water rights at this time. If the act to appropriate money for a Colorado River project shall state as follows: ''Provided. That nothing in this act shall be so construed as to affect in any way the rights to the use of the waters of the Colorado Basin of any State or any part of a State, " then the upper States can not be affected adversely by the project. The average annual discharge of the river into the Gulf of California is 13,000,000 acre-feet. The projects of the upper basin are such that probably no more than 3,000,000 acre-feet of water additional can be consumed in those projects, and the balance of 10,000,000 acre-feet is more than twice as much as the States of the lower basin can use at least until a different economic order shall prevail. Congress, through the Mondell Act, has provided for a Colorado River Commission '(insisting of one representative from each of the seven States and one from the Fed- eral Government. The commission is now organized, with Herbert Hoover as its chairman, representing the Federal Government. The purpose expressed in the Mondell Act is the negotiation of a compact or agreement providing for an equitable division or apportionment of the water supply among the seven States. NAVIGABILITY. The existing treaty with Mexico declares the Colorado River to be a navigable stream, and a Federal court prohibited any action which might interfere with its navigability. The diversion of water for irrigation, therefore, is contrary to the treaty. DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 163 As soon as diplomatic relations with Mexico are reestablished steps should be taken to amend the treaty in so far as it affects the Colorado. The river should be declared to be an unnavigable stream. ARIZONA'S PROGRAM. Arizona owns the Colorado River bed, or half of it, for 580 miles. We do not own the water. We do not have unlimited millions of wealth to invest in the Colorado enterprises, nor many votes in Congress. We should endeavor to cooperate with our neighbor States. When the seven States agree upon a plan of action, the extreme urgency of the case will secure the appropriation needed. With regard to some features of the project Ari/onans will express their opinions but should not insist upon them. The immediate construction of the storage dam and the height of dam and the type of dam are far more vital to California than to us. Nothing can prevent our obtaining all the power the State can use, both now and for 50 years to come. Our preferential rights to power are recognized. Also it is pro- posed to grant Arizona and Nevada each a free block of power at Boulder site. Our concern must be to insure that there shall be no monopoly of power by a single cor- poration and that every nook and corner of the State shall be able to receive power at equitable rates. We should pledge the State's honor to the States of the upper basin that any con- struction of dams for the benefit of the lower basin shall not prejudice in any way their equitable rights. But the irrigation of our lands we must insist on; the development of the Parker protect of 110,000 acres and of the Mohave Valley of 27,000 acres and of the Cibola Valley of 15,000 acres, and that the right to double the acreage under irrigation at Yuma, as is contemplated, shall not be denied. It will require at least two new diversion dams similar to the Laguna Dam, and they must be started in time to be finished when the storage dam is finished. The great river control dam and the power will be secured largely because California is fighting with us. But for the irrigation of Arizona lands we must fight alone. It does not follow necessarily that our lands will be irrigated if the Boulder Dam or Lees Ferry Dam is built. Provision for the Parker diversion dam should, if possible, be put into the act which shall provide for the larger project. Be it said also that the Parker and Mohave projects do not have the usual influential citizens and real estate boosters to present their claims. They are still under the care of the United States Indian Service. Congress passed an act for their opening to entry several years ago, and the matter is now sleeping. There are only a few Indians, and they have received allotments. It is the finest opportunity in the whole United States to provide lands for former service men not less than 3,500 of them. The State of Arizona has got to speak loudly for those projects. Lastly, the high-line irrigation project what of it? It has been claimed that if the high dam is located in Boulder Canyon, water can be turned into a canal on a high level, and led through the mountain passes of Mohave County, across Bill Wil- liams River, through the Bouse Valley to Harrisburg Valley, and down the < Vnlennial Wash to the Gila River. The writer has studied all the available data, and is of the opinion that the project is not feasible. Regardless of how desirable it would be to bring under irrigation from the Colorado River an extensive area of elevated desert land, yet it is better for the people of Arizona to dream no vague dreams and to con- centrate all efforts to obtain those developments which arc practicable. In the first place, the high-line project would require a clam 500 or 600 feet high to raise the water to the level of the canal. A great reservoir of dead storage water would be created, for the water level could never again be allowed to fall below the elevation of the canal. Storage to regulate and equalize the water supply must ix- provided by building the dam considerably higher than the canal level or by means of another reservoir, preferably at Lees Ferry. Probably there would be two great dams required instead of one. The high-line canal would be built along the rough mountain sides of Mohave County, but no water could be taken through the Sacramento Valley Pass or through any other pass to lands behind the mountain range that borders the river in that county. Assuming an elevation of 1,200 feet above sea level for the canal at its head, the elevation in the vicinity of Bouse would be about 1,050 feet, 120 feet lower than the proposed canal that is designed to irrigate the Bous<> Valley from the Williams Rivet. About 90,000 acres in the Bouse Valley could be irrigated by pumping from the canal. By boosting the water 350 feet by means of pumps, the water could be led to Vicksbiirg, and then another boost of 500 feet would deliver it into the Harrisburg Valley, or, perhaps it would be cheaper to avoid the last-named lift by tunneling 164 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. through the Little Harquahala Mountains. It would be more feasible to leave the Little Harquahalas and Coyote Mountain to the east of the canal, but even so, the pumping lift would be impractical. The maximum area that could be brought under such a high-line system would be less than a million acres, mostly in Yuma County. As an alternative proposal, the water for the high-line canal might be dropped at the high dam, generating power, and this power could be used to lift the water from the river near Parker into a high-line canal starting at that point. The electrical transmission losses would be no larger in percentage than the seepage and evapora- tion losses of water from the 260 miles of canal, and the investment would be less. About 1 kilowatt would be required per acre irrigated for the main lift to elevation 1,060 at Parker, requiring an investment of about $100 per acre for power equipment, while the cost of the canal from the high dam to Parker would be more than twice as much. The value of the power used on this one lift, per irrigated acre, at one-half cent per kilowatt hour, would be about $30 per year. Neither proposition is feasible, at least not during the present generation. An investment of over ,$300 per acre would be required. The best raw valley land in Arizona can not stand a construc- tion change for irrigation over $150 per acre. There is one possibility for which plans and estimates should perhaps be prepared. This is the possibility of pumping from the river at or near Cocopah Point, near the head of I.aguna Lake, on a lift of about 350 feet, to a canal which would then run east- erly on the north side of the Lower Gila Valley, crossing the river near Sentinel, and running thence on grade toward the southwest, covering about 250.000 acres of land. Power could be generated at Cocopah Point by means of a low rock-fil! dam after river regulation has been secured farther upstream. This project may be practicable 20 years hence. THE GILA RIVER SYSTEM. It seems to have been forgotten that the Gila tributary is a vital element of the Colorado River, and that the study of Colorado River problems must take cognizance of the necessity for river regulation on the Gila. Be it remembered that it was the Gila River floods, five of them, in the winter and spring of 1905 which were responsible for the great disaster of that year, when in August the whole of the river was diverted into Imperial Valley. Had it not been for the continuous high water and repeated floods of the Gila. the narrow cut from the temporary heading of the Imperial Canal could have been closed easily. The Gila flood of January 22, 1916. was greater than the highest recorded flood of the Colorado itself. River regulation of the Gila River is absolutely necessary for the security of Yuma and Imperial Valleys. About seven years ago when the Federal Government began a comprehensive study of Colorado River problems, the Gila River was included in the studies. The plans prepared by the United States Reclamation Service at that time provided for regula- tion of the Gila by means of a dam 225 feet high near Sentinel. Ari/.. The reservoir was to be operated for stream regulation only, and would have been of little service in reclaiming desert lands between Sentinel and Yuma. In 1918 borings were made at the dam site by the Reclamation Service, and it was ascertained that suitable foundations for a storage dam do not exist, hence the Sentinel project was abandoned. In 1920 the Reclamation Service made an extensive study of the Gila River from source to mouth, examining all possible storage sites. It was concluded that the best solution of water problems of the Gila River is the construction of the San Carlos Dam. The report of the engineer. Mr. ( '. ( '. Fisher, favors a dam 250 feet high above bedrock, about 20 feet lower than the Roosevelt Dam. Mr. Fisher finds that the irrigation project should have an area of 148.000 acres. In February. 1921, a board of engineers of the United States Reclamation Service reviewed the Fisher report. The board, recommends that the dam to be first constructed be 200 feet in height and that in the next generation. 30 years hence, the height be raised to 250 feet. The board states that such a project is entirely feasible, provided satisfactory arrangements can be made with the Arizona Eastern Railroad, the line of which passes through the reservoir site. The San Carlos Dam must be constructed. Furthermore, storage must be provided on the Verde River. Additional storage is needed on the Salt River, and with this additional storage will come 24.000 additional hydroelectric horsepower at the Horse Mesa Dam. It is hoped, too, that a feasible storage project on the Agua Fria can be accomplished, and perhaps the Walnut Grove Dam will be rebuilt at 'some time. Each one of these projects will reduce materially the flood crests of the lower Gila River. DEVELOPMENT OF LOWER COLORADO RIVER BASIX. 165 Arizona's program, therefore, should be 1. To encourage all development projects, both public and private, on the Colorado River. In the case of publicly owned projects, the State must receive a block of free power in lieu of taxes. 2. To demand that as much power be allotted to this State as can be used by this State. 3. To demand that the Federal project include a diversion dam at Bulls Head Rock at the head of Mohave Valley and one at Gatehead Rock at the head of the Parker Valley. 4. To demand that provision for river regulation on the Gila River be included in the Federal program. In the above exposition of the Colorado River problems and proposals I have pre- sented the case from the Arizona viewpoint. Arizona's future is to a high degree wrapped up in the development of the Colorado. The highest statesmanship is de- manded at this time that the latent wealth of this great ntaural resource may be wisely and speedily secured and that this Commonwealth may share in its benefits in the largest practicable measure. PHOEXIX, ARIZ., May 31. 19,'.'. Hon. CARL HAYDEX. Mfmbtr of Congress. Washington. D. C. My DEAR <'ARL: I received from vou "Power Development on the Colorado River and its Relation to Irrigation and Flood Control." by E. C. Merrill, secretary of the power commission. I have read this verv carefully and believe that Mr. Merrill has some extremely good ideas and if he had a better knowledge of the country would probably make a much better story. I notice by this morning's paper that vou have introduced a bill asking for an investigation of the Colorado River as to dikes and other river protection, especially as to Arizona; that this investigation is to be made by the Army engineers. I would suggest that you incorporate in this bill a provision for the full investigation at the same time by the same engineers of the Glen Canyon Reservoir for control of flood waters of the Colorado River. My own opinion from my personal study of the Colorado River and its conditions is that the Glen Canyon Dam should be constructed a.- a river control reservoir primarily and that the waters from the Colorado River should be di si -barged from this dam from a stabilized stream which would protect all of the lower country both in Arizona and in California. This would enable the con- struction of the Boulder Canyon Dam at much less cost and in a much shorter time than to undertake the construction of the Boulder Canyon Dam as a primary construc- tion on the Colorado. The Glen Canyon Dam should be a loose rock dam, as conditions are such that this would be the most economical construction and could be more rapidly built than any other type, or the construction of other dams suggested. There may be some criticism as to th'e feasibility of damming the Colorado River by the blowing of the canyon walls into the river and iilliuirit v ith loose rock. The greatest engineer that the ^outhv.'est, has ever produced, a man \\ho had the ability to do and he did do. proved beyond a possible doubt that by the mere dumping of rock into the < 'olorado River it v as possible to dam the stream in material that no other dam could be constructed. This < ...s done by him against the advice of the engineers of the Reclamation .-.ervice and. I beiie\e. the Army engineers, and airain-t the advice of the nationally known and men of national and international reputation a.s dam builders. I refer to the \\dnderful feat of Col. Epes Randolph in building a dam a- TOSS the Colorado River \\hen it .-as run- ning into the Imperial Valley, by the use of loose rock only on a silt foundation and in a stream that had but silt banks, and if it could be done under these condition.- ii most assuredly can be done in a canvon where the depth !> bedrock is very iimiled and the canyon walls are solid so there is no danger of the stream being diverted around the end* of the (ills. The topography of the Glen Canyon Reservoir is such that it would permit of the construction of a discharge tunnel for the discharge of the ( 'olorado River as a st abili/ed stream at a point that is far distant from the possible dam site and would interfere in no way with the construction of the dam. The time limit for the construction of this type of dam at this point is only limited to the time that is necessary for the construc- tion ot the discharge tunnel. That the storage waters from the Glen Canyon Dam be used in their stabilized dis- charge for the generation of electricity. 166 DEVELOPMENT OF LOWER COLORADO RIVER BASIX. That the Boulder Canyon Dam be constructed primarily for an irrigation reservoir to store the stabalized discharge of the Colorado River from the Glen Canyon Reservoir and of an added storage capacity sufficient to store the flood waters of the Little Colo- rado, the Virgin River, and other streams draining the catchment basin of the Colorado River between these two points. That the water be discharged from the Boulder Canyon Reservoir for irrigation and that all the electricity possible be developed under these conditions; that is, that in the wintertime, when the irrigation demands are at the minimum, that the surplus stabilized stream of the Colorado River be stored in the Boulder Creek Reservoir. That in the summer time, when at the peak of irrigation, that the water be discharged as irrigation requirements so that the horsepower developed at this point would be erratic horsepower, depending on the amount of water necessary for the irrigation of two and a half million acres of land in Arizona and two and a half million acres of land in California including the Imperial Valley. That the canyon between these two reservoirs with the stabilized flow of tho Colorado River be used by the construction of power dams for the generation of electricity, and as the river is stabilized in its flow the electric development would b constant. I would further suggest that the Boulder Canyon Dam be used as a diversion dam. That the Army engineers make a study of the possibilities of diverting the water from the Boulder Canyon Dam in the neighboorhood of the 1,200 or 1,300 foot contour. According to the Government contour map this could be accomplished by the driving of a tunnel about a mile in length; water diverted at this elevation would be able to be discharged by gravity for irrigation of the country as far east as the Buckeye country on the Gila River 30 miles west of Phoenix. The Gillespie Dam could be used for the diverting of the gravity water of the Colorado and the Gila Rivers, or for the crossing of the Gila River by waters of the Colorado River, using an enlarged Gillespie canal for the main irrigation canal on the south side of the Gila River, and this canal could be extended by gravity to cover the enormous acreage on the low valleys in western Maricopa and Yuma Counties, creating an empire in southwestern Arizona, as gravity waters of this canal could be carried to the south of the Mohawk Mountains, covering all of the Gila Bend, the Sentinel, the Stovall, and that wonderful valley and mesa lying between the Mohawk and Fortuna Mountains and bringing the water by rior coal at high cost that will be sufficient for smelting purposes, but I hope we will not be obliged to use this coal for power. "I have had the subject of power carefully canvassed.- I find that the mines and smelters of the Southwest, including northern Sonora. now use about 70,000 horse- power in addition to the power they recover from waste heat, and my report shows that it is probable this demand will increase to over 100,000 horsepower in the next four or five years. I wish most urgently to bring to your attention the fact that Arizona needs cheap power and is faced with the most serious menace if it does not get it. and the only source of cheap power that I know is the Colorado River. * * If cheap power can be obtained in Arizona. I believe there will be an extension of leaching in contradistinction to smelting, and that the refining industry and the production of electrolytic copper in Arizona will become a great and important industry. I have to-day able chemists at work trying to devise methods of leaching certain classes of mixed and sulphide ores in order to provide in the future for con- tingencies of which I speak." Normally about 60.000 tons of ore is mined in Arizona per day. In mining and smelting this amount of ore, the fuel used for power and for furnaces amounts to the equivalent of about 8,000,000 barrels of oil annually. This fuel could be entirely replaced and conserved for other purposes by the direct use of hydroelectric power in mining op- i-ations and for electrolytic copper precipitation and electric furnace smelting. There ; enough power going to waste annually in the Canyon of the Colorado to replar- all the fuel now consumed in Arizona for industrial purposes tenfold. Arizona has another important interest in cheap power. Considerable land is now cultivated in Arizona that receives its water for irrigation through expensive power pumping from depths van-ing from 10 feet to 75 feet. With cheap powei vastly greater acreages would be reclaimed in this way. The additional land to be reclaimed by direct diversion from the Colorado will be small compared with the land to be re- claimed through cheap power for pumping in Arizona and California. The conditions are such that cheap power can only be obtained in the canyon through enormously large developments, and herein lies the reason why all the poten- tial power of the Colorado is still going to waste. For the best ultimate results from a single dam in the canyon, it should have sufficient reservoir capacity back of it for equalizing the flow of the river throughout the year. Such a dam at a suitable loca- tion would be 500 feet high and would have a capacity of BOO. 000 horsepower. Due to the fact that some time will be required after the completion of the first project to develop a market for a block of power as large as 000,000 horsepower, it is difficult for a private corporation, which must have interest on its r-apital from the start, to finance so large a development. DEVELOPMENT BY THE GOVERNMENT. The Government should promptly build a dam for flood control and for equalizing the flow of the river, with a view of not demanding an immediate return on the invest- ment, but with the assurance it will be returned many fold, just as it had at the time 1316 22 PT 3 7 168 DEVELOPMENT OF LOWER COLOEADO RIVER BASIX. of investing in the Louisiana. Alaska, and other purchases, and the Panama Canal. The Government's investment in a dam is fully justified by any one of the following consideration? : (a) The removal of the flood menace to the Imperial Valley. (b) The direct financial return in the sale of cheap power, and the industrial and agricultural development that will result. (c) The conservation of the great quantities of fuel now being consumed yearly. THE PACT BETWEEN THE STATES OP THE COLORADO BASIN. It is very desirable that the seven States of the basin agree as to their respective rights to the use of the water of the Colorado in order to prevent future interstate disputes and litigation. After a suitable storage dam is built in the canyon, I believe there is no likelihood of a shortage of water in the lower States for irrigation by direct diversion, for generations, if ever. I believe, however, no State should be asked to subscribe to a policy that will specifically prevent its citizens from diverting water from the Colorado for irrigation, as long as there is no use for the water elsewhere in the basin. Also, a lower State should not be asked to subscribe to a policy that will permit diversion of water on new lands in an upper State, if .such diversion will cause the abandonment in a lower State of lands and homes already developed at great expense. The active opposition of the upper States can undoubtedly delay a Federal appro- priation for the proposed Colorado River Dam, and make it difficult to secure. The upper States, however, should not take advantage of this situation and strive to gain concessions from the lower States now which are unjust and uneconomical to the best interests of the people of the United States as a whole. I believe the best interests of the United States as a whole is the proper criterion upon which to base a pact. On this basis, I believe the use of water for power should not be given any priority over the use for irrigation, at least until after the last feasible power dam is built in the canyon. ARIZONA AND CALIFORNIA. If the proposed pact between the States proves a stumbling block or, for other reasons, the Federal Government can not be induced to construct the dam promptly, then the States of Arizona and California should finance the construction of the first storage dam. They can be assured of an ample return, direct and indirect, on the investment within a comparatively short time to justify the outlay. The States interested will benefit so much more from the development of the Colorado River than a private corporation can possibly benefit, that they should not hesitate to finance the project, the burden of which will last only a comparatively short time. If they will not finance the project directly themselves, then they should assist private capital in every way possible to do it. 1 believe the States of Arizona and California, on account of their close contact and vital interest, could probably be depended upon to direct the work through the ordinary methods of handling public work, more efficiently than the Federal Government. I believe, however, that a better plan must be worked out for handling some of these superpower projects now being discussed if the full benefits are to be derived. I believe a cooperative organization of the prospective power users, who will eventually pay all the bills, could be worked out that would handle such a project as effectively and as efficiently as a private corporation could. LOCATION OF THE DAM. There are two locations for dams in the canyon having reservoir sites back of them. One is at the head of the canyon, near Lees Ferry or Glen Canyon, having storage capacity for about three years' average flow of the river. The other is at Boulder Canyon, near the lower end of the defile, having a storage for about a year's. flow of the river with the same height of dam. There are a number of good sites for power dams, having little storage capacity back of them, between the upper and the lower storage sites. Eventually there will be six or eight dams in the canyon, developing a total of 6,000,000 horsepower. So far most of the noise has been raised in favor of Boulder Canyon: however, from every standpoint, I believe the upper site has a decided advantage: (a) For flood control, while the upper site does not intercept the floods of several small streams which would be intercepted by a dam at Boulder Canyon, the upper dam with its much greater storage capacity and area, under the conditions, would constitute a safer control for the extraordinary floods of the main river, which are the DEVELOPMENT OF LOWER COLOEADO RIVER BASIN. 169 real menace to the Imperial Valley, and the upper larger reservoir will be none too large to take care of such a flood when it comes. (6) For reclamation there is not much choice, though on account of the wide varia- tions in the total flow from year to year, the larger storage would have an advantage if the lands of the basin are ever developed to the extent that there is a shortage of water for irrigation in Arizona and California. On account of the very excessive cost of the necessary canals in the canyon, neither dam can be used as a diversion dam for irrigation. (e) From the standpoint of power, the upper site has many important advantages over the lower site. (1) By putting the liver under control at the head of the canyon, the cost of con- structing subsequent power dams below will be greatly reduced. (2) By equalizing the flow at the head of the canyon, each 500- foot power dam below will have a continuous capacity of 1,000.000 horsepower instead of only about 250.000 horsepower duiing the long low-water season each year, which would be the case with- out the large storage above. (3) To insure safety to the Imperial Vaile. , it will be necessary to draw down the water in either reservoir each year in order to make room for the enormous June floods of the river. Naturally the reservoir having the larger capacity can be safely maintained at a higher head and as a consequence can be depended upon for a greater power output throughout the year. (4) On account of the wide variations in the total flow of the river from year to year, the larger reservoir has a decided advantage from the standpoint of the amount of power it can deliver continuously. (5) The windings of the river above Lee's Ferry, the vertical walls 1,400 feet high, and the flat at Lee's Ferry are all so related as to afford a dam and power plant that is safer and less expensive to construct and one that can be operated with greater comfort and satisfaction to the attendants as compared with the Boulder Canyon site. (6) The upper reservoir and power site is closer to the great bulk of the Arizona power load. The only disadvantage Lee's Ferry has over Boulder Canyon is its greater distance from the prospective power load of southern California. This is important, but due to the recent developments in high voltage transmission I believe it is of much less importance than was anticipated by the reclamation engineers when writing their recommendations, and I believe would be readily offset by almost any one of the first five advantages set forth above. TYPE OF CONSTRUCTION. The late distinguished engineer, Epes Randolph, who dammed the Colorado River in 1907 and saved the Imperial Valley, suggested taking advantage of a means that nature has so generously provided for bringing the river under control. He suggested making a rock fill dam by blasting off the vertical cliffs of the canyon at a suitable site. I believe a wide, properly constructed rock fill dam, with flattened slopes, similar to the Gatun Dam at the Panama Canal, which is 1 miles long and 115 feet high, will be the safest that can be devised and will withstand the changes of time with the least possible danger of disaster. I believe the feasibility of building the concrete dam at Boulder Canyon, with foundations 150 feet below the water level as proposed by the reclamation engineers, is not only questionable from an engineering standpoint under the adverse conditions obtaining, but is a great waste of valuable time and many millions of dollars, and, with the possible changes of time, may constitute a serious menace to life and prop- erty below. While the rock-fill dam would not be a monument of art, it would appeal to Epes Randolph as a monument of good engineering. Why shouldn't the first dam on the Colorado be a "Randolph" dam? In conclusion I wish to emphasize my contention that the location and type of construction of the dam in the Colorado River are strictly engineering problems, and if the Government undertakes the work, which I hope it will, promptly, those questions should be settled by a proper board of engineers. APRIL 27, 1922. COLORADO RIVKR DEVELOPMENT ARIZONA VIEWPOINT. [By Cleon T. Knupp, Histiec, Ariz.] Power development on the Colorado River is a problem of immediate importance to Arizona. The agricultural, industrial, and other interests of the Stale require some immediate utilization of the power possibilities of the river. 170 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. The people of Arizona feel a proprietorship in the Colorado River and look upon it as one of the State's greatest and most important natural resources. It flows through Arizona for approximately 250 miles and then for an additional 200 miles or so forms the boundary between Arizona and the States of Nevada and California. Ninety per cent of the water of the river that empties into the Gulf flows into Arizona at the Utah line. Many thousands of acres of arid land in western Arizona can be reclaimed through the construction of a large impounding reservoir on the Colorado River at Boulder or Glen Canyon and placing the water on the lands by gravity flow, but it is safe to say that a greater acreage of arid lands in Arizona can be reclaimed through the development of cheap power from the river. In any part of Arizona not over an altitude of 3,000 feet, water is easily available for reclamation purposes were cheap power possible for pumping it to the surface. The agricultural interests of Arizona are vitally interested in the problem. The principal industry of Arizona is mining, which represents more than 50 per cent of the assessed valuation in the State. That industry employs at least 75 per cent of the employed labor in the State. Anything that aflects it reflects at once upon the prosperity of the State. This has been clearly shown during the past year when practically all of the mines in the State have been closed down, and thousands of employees have been out of work and many in want. The mining companies have emerged from the war period with high material and labor costs. The price of copper, the leading metal, has fallen so low that successful operations of some properties are commercially impossible. And in addition there has been practically no market for copper. The mining companies use vast quantities of fuel oil. and its high cost and fast diminishing supply makes it imperative that the mining interests look elsewhere for a source of power. And they, like the farmers, are looking to the Colorado River. But not 15 or 20 years from now, but at once. Cheap power under present operating conditions may prove to be the determining factor, as to whether or not certain pro- perties can operate. And power 35 years from now will not help those mines that will become exhausted before that time. So it would seem safe to say that the problem of the mining industry, in this respect, is likewise the problem of the State. There are, of course, the usual municipalities that would receive the beneficial results from any power development on the Colorado River. And it is quite probable that manufacturing interests would be at once attracted to Arizona as a field for operations, through the inducement of cheap power. Even copper, which is now shipped East, might be refined in Arizona. The possibilities are great, and the problem is one that is of immediate importance to Arizona and its prosperity. GIRAND PROJECT. Fortunately for Arizona a power project is proposed to be immediately developed on the Colorado River at Diamond Creek. This is known as the Girand project, application No. 121, before the Federal Power Commission. This is solely a power project, with a limited storage capacity, and no water will or could be taken from the river. James B. Girand, of Phoenix, Ariz., in November. 1913, filed application for this power project with the Secretary of the Interior under the then existing law. He was the first to visualize the possibilities and to act upon his faith and judgment. In May, 1915, the Secretaries of Interior and Agriculture issued a preliminary permit to Girand. In May, 1920, and before the enactment of the present Federal power act, Girand filed his application for a final power permit. The filing was made with the Secretary of the Interior, and was accepted as being in due and proper form. During all the years intervening between 1913 and 1920 Girand complied with all the requirements of the law, and with such limited capital as he commanded, pre- served his legal rights, in spite of obstacles that would have discouraged many. Dur- ing that period he expended approximately $75,000 to protect his legal rights and to furnish the data and maps required under the law. In June, 1920, and before Girand's application for a final permit was acted upon by the Interior Department, Congress enacted the present Federal power act. Girand, at the suggestion of the Federal Power Commission, thereupon transferred his applica- tion and files from the Interior Department to the Federal Power Commission, in December, 1920. In June, 1921, the Federal Power Commission issued a preliminary permit to Girand, and asked for further data and information. The preliminary permit provides in article 4 that a license will be issued to Girand when it appears that his scheme of development is adaptable to the best utilization of the site. Girand, relying upon that assurance and the terms of the preliminary permit of June. 1921, thereupon expended approximately $25,000 additional to furnish the further data requested by the Federal Power Commission. In February, 1922, Girand filed that data and maps, and made application for a license. It is now pending before the DEVELOPMENT OF LOWER COLORADO RIVER BASIX. 171 Federal Power Commission, and Girand is asking for immediate action. He has the necessary financial support to develop this project. Its development will come at once and bring to Arizona the power which will answer the imperative needs of the agricultural, industrial, and municipal interests. Arizona needs this and wants it now. The Girand project will not interfere with any flood control, reclamation or power project on the Colorado River. It will help the flood control to the extent of its limited reservoir capacity. It can not affect reclamation, because no water can I e taken from the river at this site. All water impounded must flow through or over the dam, and therefore the water supply is not diminished one drop. The development of power at the Girand project would be helpful in the event of Government construc- tion at Boulder Canyon, through power that could be furnished during the construc- tion period at Boulder Canyon, and in the regulation of the flow of the river. Girand claims that under the law and the terms of his preliminary permit, that he is legally entitled to a license now. In other words, that the Federal Power Commis- sion has no alternative but to issue the license. We confidently assert that such must be the legal interpretation of the law. Girand, for eight years, has complied with every requirement of the law and of the Secretary of the Interior and Federal Power Commission, with the asurance and distinct understanding that a license would be isued to him. His preliminary permit is an agreement signed by both Girand and the Federal Power Commission, setting forth the terms upon which the license would be issued. Girand has complied with those terms. He has expended approximately $100,000 and given years of his time, to comply with the conditions imposed upon him by the Government, under an agreement that by so doing the Government would issue him a license. It would seem clear that the Government is both legally and morally bound to do so. FACTORS DELAYING LICENSE. The Colorado River Commission is composed of a representative from each of the seven basin States, with Secretary Hoover as chairman. Under the laws creating the commission, it is designed to arrive at an agreement among the seven basin States of the Colorado River, allocating the waters of the river. It has no jurisdiction over power projects solely. After Girand filed his application for a license on February 27, 1;)22. with the Federal Power Commission, a letter was written by the Federal Power Commission to the Colorado River Commission asking if there were any objec- tions to the issuance of the Girand license. Chairman Hoover and several members of the Colorado River Commission had no hesitancy in stating that in their opinion the Colorado River Commission had no jurisdiction over the Girand project as it was solely a power project. At a meeting of the Colorado River Commission held in Phoenix, Ariz., on March 15, 1922. the commission took action upon the letter of the Federal Power Commission and held that it had no objection to the issuance of the Girand license. A formal letter, however, has not yet been filed with the Federal Power Commission so advising. The failure to file such letter is holding up action by the Federal Power Commission. Shortly after March 15, 1922, a purported interview with Arthur P. Davis, chief of the Government Reclamation Service, appeared in certain Los Angeles papers, to the effect that the construction of the Girand project would kill the proposed Govern- ment construction at Boulder Canyon, which Mr. Davis has so strongly urged. The reason given was that the (iirand project would sell power to the prospective customers of the Government, should it eventually build at Boulder Canyon; Boulder Canyon is situated on the river touching Nevada. There has never been any claim that from an engineering or physical standpoint the Girand project would interfere with the Boulder Canyon project. On the contrary, it would be helpful. The Girand project would, from an engineering and physical standpoint, be helpful in at leant two ways. It would regulate the flow of the river, and could furnish power to Boulder Canyon during its construction period. Now. forgetting for the moment lhal Girand. under the law and his preliminary permit, is legally entitled to a license now. is ihe position taken by Mr. Davis, either fair or sound? Should a man who has proceeded in good faith: who has given years of his life and a large sum of money in acquiring and pre- serving certain water-power rights, be deprived of those rights arbitrarily and without legal reason or justification? Should he be denied that to which he 'is legally and morally entitled, for the reason, as Mr. Davis advances, that he might be a power competitor of the Government? It has not been determined that a dam can be built at Boulder Canyon. It has not been determined that Congress will appropriate money for such construction. But assuming both facts, are they sufficient reason for denying to Girand the legal rights he has been assured were his? In ihe lirst place, it is Girand who should be most fearful of competition with the Government. 172 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. If the theory of public ownership adherents is correct, the Government utility can always undersell the privately conducted utility. Girand would be required to pay State and Federal taxes, amounting annually to hundreds of thousands of dollars. He would pay an annual fixed fee to the Federal Power Commission. It would seem that not the Government, but Girand, should fear competition. But if the danger lies in Girand taking the market away from the Government before Boulder Canyon is constructed, then all applications for licenses now pending before the Federal Power Commission, covering projects in Southern California, should likewise be denied, for the reason that such projects, if developed, would be brought into competition with the Government. The unfairness of such a position, aside from Girand 's vested rights, is obvious. Girand has no objection to construction at Boulder Canyon. He is in favor of any construction there or elsewhere that will be helpful to flood control and reclamation. It is quite probable that many years will elapse before Congress will appropriate the necessary money or construction will begin at Boulder Canyon. Arizona can not wait. Arizona wants the Girand license issued now. SWING-JOHNSON BILL. A bill was recently introduced in the House and Senate known as the Swing-Johnson bill. It. proposes an appropriation of $70,000.000 for the construction at Boulder Canyon, together with certain canals . But the bill further provides that the GoA'ern- ment shall reserve to itself the exclusive right to construct, provide and control dams, reservoirs or diversion works on the Colorado River below the mouth of the Green River. As the Green River is north of Arizona in Utah, this would mean that if Arizona is ever to obtain any benefits from the Colorado River, through development of power or otherwise, she must depend solely upon the Government to provide same. In other words, this bill proposes that never at any time, or at any place within the State of Arizona, can any private utility company develop power on the Colorado River. Just why the States of Utah, Colorado, Wyoming, and other States to the north, should be left free to obtain any power development or other beneficial con- struction on the Colorado River and Arizona be denied the same right, is not clear. Obviously the discrimination is unfair. From the Arizona viewpoint competition is to be desired. Arizona interests will best be served through competition, rather than through a monopoly of the river by either the Government or private capital. Arizona does not propose to he deprived of any of its rights in or to the Colorado River. The Swing-Johnson bill discriminates against Arizona. Arizona is in favor of Government construction at Boulder or Glen Canyon, but it is also in favor of private utility construction. The Girand project is ready to proceed. It will in- crease the taxable wealth of Arizona about $40,000,000 and mean hundreds of thou- sands of dollars annually in taxes to the State and county. Government construction will mean nothing in taxes. The Girand project will provide employment within the reasonably immediate future to many people. There is no assurance that the Government will ever construct at Boulder Canyon, or, if so, for years. The Girand means immediate power for Arizona interests. There is no legal or logical reason for delayin^ the issuance of the Girand license. Arizona asks that it be issued at once. MAY 18, 1922. TENTATIVE PLAN FOR THE CONSTRUCTION OF A 789-FooT ROCK-FILL DAM ON THE COLORADO RIVER AT LEE FERRY, ARIZ. [By E. C. La Rue, Hydraulic Engineer, U. S. Geological Survey.] SYNOPSIS. It is proposed to build a rock-fill dam in a narrow canyon of the Colorado River by blasting in the canyon walls. The dam described in this paper was designed to raise the water 700 feet above the bed of the river. Both the height of the dam and the plan suggested for its construction are unique features. The walls of the canyon rise 1,300 feet above the river, and the width of the canyon at the water surface is 450 feet. During the past six years the writer had has in mind the plan herein outlined for the construction of such a dam. As a dam of this type may be built on the Lower Colorado within the next year or two, it is believed that the presentation of this paper at this time will be of interest to many engineers. There may be a difference of opinion as to the feasibilitv of the plan as presented. Some engineers may have studied this problem carefully, but to the writer's knowledge no one has ever made the results of his studies available to the engineering profession. It is hoped that engineers will present their views in the form of constructive criticism of this paper. DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 173 INTRODUCTION. In the southwestern part of the United States the demand for power is increasing rapidly. In California alone construction plans which call for the expenditure of several hundred million dollars have been adopted for the development of hydro- electric power. As a result of these plans the ultimate development of the power resources of the Sierra Nevada and Coast Range Mountains, in the southern part of California, is in sight. The construction of high rock-fill dams by blasting down the towering canyon walls has been suggested in connection with the studies of both power and irrigation development. This paper deals primarily with the practicability of constructing such a dam in the Colorado River. A particular site (Lee Ferry) has been chosen in order that the discussion might be based on definite dimensions. It should not be construed, however, as advocating this or any other specific project. COLORADO RIVER BASIN. General features. The Colorado River is formed by the junction of the Green and Grand Rivers in southeastern Utah. The combined length of the Green and the Colorado is 1,700 miles and the total fall is about 14,000 feet. The Colorado River and its tributaries drain an area of 244,000 square miles. This area comprises the southweastern part of Wyoming, the eastern half of Utah, the western part of Colorado, practically all of Arizona, and small parts of California, Nevada, New Mexico, and Mexico. The water resources of the Colorado River Basin are enormous. About 14,000,000 acre-feet of water is wasted annually into the Gulf of California. Practically all this water could be used for irrigation and, in addition, a large amount of hydroelectric power could be developed. In order to utilize fully the water resources of the Colorado River Basin the flow must be regulated to meet the demands for both irrigation and power. The storage of the flood waters would serve a threefold purpose: Water would be available for irrigation when needed; the possibilities for the development of hydroelectric power would be greatly increased; and with the ravaging floods under control property on the lower river, exceeding 100,000,000 in value, would be safe. Storage-reservoir sites. A comprehensive plan for the development of the water resources of the Colorado River Basin will undoubtedly call for the utilization of most of the reservoir sites mentioned in Table 1 . TABLE 1. Storage-reservoir sites in the Colorado River Basin. Name. Stream. Height of dam, In feet.' Capacity, in acre-feet. Flaming Gorge Junipor Canyon Ourav Green River, Utah-Wyo Yampa River, Colo 255 200 300 4, 720, 000 1,400,000 28 000 000 KremmliDg Grand River. Colo . . 230 2 200 000 Howey Green-Grand Grand Kiver, Utah .Junction of Green and Grand Kivers, Utah 213 270 2, .100, 000 8, 600, 000 Blufl San .1 nun River, Utah 264 2 600 000 Lee Forrv Colorado and San Juan It Ivors, Utah- Vriz. 700 - 50 000 000 Boulder Canvon Colorado River, Nev.- Ariz 600 31,600 000 ' The figures in this column indicate the elevation of spillway above river bed. ! Ksiimalo.l. These storage sites and their use were discussed in the writer's report on the "Colo- River and its utilization." (Water Supply Paper No. :. l'nit'd Suites < ieological Survey, 191(5.) An analysis was made of the records of stream (low, and the mass curves indicated that the flow of the Lower Colorado could be equalized if properly located reservoir sites having an aggregate storage capacity of 25,000,000 acre-feet were utilized. This study also indicated that, if no allowance is made for evapora- tion from the surface of these reservoirs, a uniform flow of 21,800 second-feet could be maintained below the San Juan River. The irrigation of additional lands in the upper basin would further reduce the quantity for the uniform flow that might be maintained by storage. Undeveloped iratcr /)or/- hi'turen Green River and Roulder Camion. In the (i7() miles between the town of (Jreen Kiver. Utah, and Boulder Canyon, Nev.-Ariz., the fall is about 3,350 feet. As this part of the Colorado and that part of (irand River below the elevation of th e town of Green River are in practically a continuous canyon, the 174 DEVELOPMENT OF LOWER COLOEADO RIVER BASIX. use of the water for irrigation v ithin tin's stretch is impossible, but conditions are favorable for the regulation of flo :id for the development of power. The entire regulated :'o- might prof tably be used for the irrigation of extensive areas of arable land 'tu;ited belo" - Boulder ('an von. The data now available indir-ate that the water-power r< : the 070 miles of the river between Green River and Boulder ( anyon may be utilized by developing five projects. Orecn-^nrnd projer'. A 170-foot dam built on the Colorado River immediately below the mouth of < K-en River would make possible the development of J10>000 horsepower. The capacitv of this pr ( > r e<-T for power ma-- be L'n-atly Li hen the flow of the Green and C^rand Pi dated by addii i pper basin of these str> Lrc Ferrti project. BY building a dam at I.ee Ferry to raise the water 700 feet 1, COO. COO horsepower may re develc fe Canyon proj.Tt. A spuming that the f r ; - er is regulated by storage above, it mav prove feasible to develop norsepower between Lee Ferry and the ^ estern boundary of the Grand Canvon National Park. ff-t. Between the western boundary of the Grand Canv..n v ational Park and Diamond Creek the Colorado River falls oOO feet. This part of the river may be developed by building two dams, each dam to raise the water 250 feet. The capacity of this project would be 830,000 horsepower if the flow of the ri\ regulated by storage above. BouMfr < :med that at Boulder Canyon the flow will be reregulated to meet the demand for water lor irrigation. Under this condition a dam 550 feet high will make possible the development oi" 700,000 horsepov. er. More than 4.000. GOO continuous horsepower may be developed between Gieen River and Boulder Canvon. The aggregate installed capacity of the power plants would probably be more than 5,000,000 horsepower. THE LEE FERRY PROJECT. Eight miles above I ee Ferry, Ariz., is a site which has been selected as particularly favorable for both the regulation of flow and the development of power, the possibilities of which vill be disclosed by the surveys and investigations now in pr thus making two spillway sites available. By constructing tunnels through Jhe bluff, the water may be carried about 3.000 feet to a forebay and power house which is 6 miles by river from the dam site. The site is easily accessible by automobile and a railroad could be built at a comparatively low cost, connecting with the nearest railroad point. Flagstaff. Ariz.. 133 miles to the DEVELOPMENT OF LOWER COLORADO RIVER BAS1X. 175 south. After considering the conditions at the dam site, the facilities for spillways, site for power house and auxiliary structures, storage capacity above the dam. and the accessibility of the project, the writer believes the Lee Ferry site to be one of tli" most promising on the Colorado River below the junction of the Green and Grand Rivers. Should this project be developed, water would be available for irrigation on the lower river for at least a generation to come, and the menace from floods would be removed (except floods from the Gila River) . The conditions favor the construction of a 780-foot dam of the rock-fill type. Al- though such a high rock-till dam has never been constructed, the writer believes that one can be built at this site and made practically water-tight at a much less cost than any other type of dam. ']', nt(iti;< design for rock-fill flam. In designing a rock-fill dam for the Lee Ferry site a slope of 3:1 was used for the upstream face, for the downstream face 6:1 was used to the 300-foot level, and 4:1 for the remainder. The rock for the dam can be blasted from the canyon walls. With this plan of construction the slopes of the finished dam would be uneven. but the writer believes that the general slope of both faces of the finished dam should not be greater than those mentioned. It is assumed that lied rock lies at a depth of 100 feet below the bed of the river, that the channel is iilled Avith line sand and silt to a depth of 60 feet, and that the next 40 feet is composed of sand and bowlders. If the canyon walls were blasted into the river, the heavy mass of material would settle to the level of the bowlders assumed to be 60 feet below the bed of the river, and some of the fine sand and silt would be forced up. Under these conditions the finished dam would contain 50,000,000 cubic yards of material. The center 50-foot section of the dam would contain about 1,000,000 cubic yards. Prior to construction the outline for the dam could be plainly marked on the canyon walls. A plan for mining both walls of the canyon could be worked out from detailed topography of the site of the dam. To obtain 500,000 cubic yards of rock from each wall for the center 50-foot section of the dam, it would be necessary to blast the wails back on a slope slightly steeper than 2:1, and here it may be necessary to rehandle some of the material. Up and down stream from the center 50-foot section of the dam the walls of the canyon may be blasted from a lower level, and the required quantity of material obtained by blasting back on a much steeper slope. The space occupied by the loose rock in the dam will be about 15 per cent greater than the space occupied by the same material in its natural compact state. If the mines are propeily placed in both walls of the canyon the first shot will blow enough rock into the river to form a dam 250 feet high, having a gradual slope to the lower toe, more than a mile down- stream. The discharge of the river may be expected to range from 4,000 to 10,000 second-feet during the eight months following the flood period. Perhaps 50 per cent of the ma- terial in the dam would consist of rock weighing from 1 ton to 1,000 tons. If the un- expected should happen, and a flood of 100,000 second-feet should pass over the un- finished dam, some of the material might be moved downstream. The unfinished dam would have a slope of about 5 per cent and the bed over which the flood would pass would be rough. Under these conditions the water, 8 feet in depth, might attain a velocity of 30 feet per second. Since weight of bodies that can be moved by a current varies as the sixth power of the velocity, such a flood would have an enor- mous ability for destmction. The lighter materials would be carried downstream and rock that could withstand the force of the water would settle. However, floods which occur outside the normal flood period last only a few days. To believe that after the flood the unfinished dam would retain a height of 100 feet or more above the average low water level seems more reasonable than that all of it would be carried away. Such a flood might prove to be a blessing in disguise, since that part of the dam remaining would form a solid foundation on which to build the superstructure. However, flood water should not be permitted to flow over the dam, and it is sug- gested that no material be blasted into the river until a temporary spillway has been provided 200 feet above the bed of the river. A spillway tunnel would be about 3,000 feet long and could be given a fall of 200 feet. A spillway tunnel, 30 feet in diameter, with a properly designed entrance, would have approximately the follow- ing capacity: Elevation of water above Capacity, in gate sill, in feet: second-feet. 10 5,000 20 13,500 Elevation of water above gate sill, in feet: 60 38,200 70 42,000 80... . 45,000 30 22,500 ! 90 47,400 40 28,500 j 100 50.000 50 33,700 170 DEVELOPMENT OF LOWER COLORADO RIVER BASIX. With the spillway completed and the flood stage passed, the mines may be dis- charged and about. 20,000,000 cubic yards of rock would be blown into the river. This mass of loose rock would not be water-tight, which feature is the most uncertain in the plan here presented. This mass of rock, weighing about 40,000,000 tons, would displace the fine sand and silt and would tend to form a mud bank immediately upstream from the dam. Such a mud bank would be practically water-tight and, until overtopped, it would cut off the flow of the river. This material might make the rock fill water-tight to an eleva- tion of 50 to 100 feet above the bed of the river, and thus form a reservoir having a storage capacity of from 100,000 to 700,000 acre-feet. If the flow of the river was 5,000 second-feet, the supply of water for irrigation might be cut off for a period of from 10 to 70 days. Water for the irrigation of more than 400,000 acres of land on the Lower Colorado must be available each month of the year. To cut off the supply of water for the irrigation of these lands, even for a 10-day period, might result in serious damage to crops. An understanding should be had with the irrigation interests in order that they mav take proper steps to protect the crops, should the supply of water lie cut off. Therefore, unless a temporary spillway is provided at an elevation of 50 feet above low water, it will be necessary to discharge the mines when the river is in flood so that the storage reservoir above the dam may be quickly filled, and permit the water to flow either through the upper part of the unfinished dam or through a tem- porary spillway located at the 200-foot level. The writer believes that the temporary spillway should be located at the 200-foot level and that the mines should be dis- charged after the peak of the summer flood, when the discharge has fallen to about 50.000 second-feet. This feature of the project deserves consideration, and a thorough study of the stream-flow records should be made to determine the proper time for the first discharge of the mines. Practically all the rock fill can be blasted into place, thus making it unnecessary to rehandle the material except for finishing a small section at the top of the dam. The 50.000,000 cubic yards of rock could probably be blasted into pi. -i <>f 10 cents or less per cubic yard. To determine the quantity of fine material necessary to make the rock fill water-tight would be difficult, hut the writer believes that about 10.000.000 cubic yards of fine rock, sand, and silt would be required. The upper face of the dam would be permanently submerged to the 600-foot level, and. therefore, below this level no protection against wave action is necessary. The water in the reservoir would fluctuate between the 600 and 700 foot levels. The reservoir would be located in a deep box canyon the circuitous course of which would prevent excessive wave action. On the upper face of the dam. above the 600-foot level, rock 2 feet in diameter should probably be placed. This section will be wet and dry periodically and will require care in its construction if the back fill is to be kept water-tight. Making the rock fill water-tight. Several methods have been used in the past to make rock-fill dams water-tight, but most of these methods appear unsatisfactory when applied to such a high dam. A concrete core wall extending to bedrock is often used. If this plan were adopted at the Lee Ferry Dam site, it would be necessary to excavate the river channel to bedrock. To take care of the flood water during the period when the core wall is being built from bedrock to the former water surface would be both hazardous and expensive. For such a high dam there would be danger of the core wall becoming fractured on account of uneven forces being exerted by the rock fill. A steel core, having a concrete base, would be even more objectionable than a con- crete core, for besides requiring a concrete facing to prolong its life, it would have all the objectionable features of the concrete core. The rock fill might be made water-tight by lining the upstream face of the dam with concrete, but it would be necessary either to carry this concrete faring to bed- rock or to provide an impervious base for the dam with a series of cut-off walls. Otherwise, the water would pass under the concrete facing and undermine the dam. In addition to these odjectionable features, the settlement of the rock fill would make it almost impossible to prevent the concrete facing from becoming fractured. The writer believes that with the river under control the rock fill can be made water-tisrht by sluicing fine material into the dam. The discharge of the river ranges from 4.000 to 10.000 second-feet after the flood period. This quantity of water might find its way through the rock till. At this stage of construction every attention should be given to the work of making the rock fill water-tight. It would be necessary to place fine material on the upper face and perhaps as far down stream as the center of the finished dam. This material should be graded in size from that which would pass through a 1-inch to a 6-inch mesh. On the right bank of the river, a few hundred feet upstream from the upper DEVELOPMENT OF LOWER COLOEADO RIVER BASIN. 177 toe of the dam. there is a talus which could be moved to the dam at a low cost. The back water above the dam might have a depth of from 75 to 100 feet and would extend up the river a distance of at least 25 miles. Assuming that the rock rill rises 250 feet above the bed of the river, and that there is 100 feet of water above the dam, the flow of water through the dam would be as follows: The water would rush through the open spaces between the large rocks. flow through the spaces between the smaller rocks, percolate through the sand, and seep through the clay or fine silt. The rush of water through the spaces between the large rocks would be partly stopped by the coarser material that is. the rock (i inches in diameter; and the flow through the spaces between the smaller rocks would be partly stopped by the finer material that is, rock that would pass the 1, 2. 3, or 4 inch mesh. Large quantities of sand may then be deposited on the upper face of the dam. Due to the flow of water under high pressure, this sand would be carried into the dam. The deposit of fine clay or silt on the upstream face and on top of the dam should produce a practically water-tight structure. Owing to the enormous pressure, water would always seep through the dam but probably not in quantities sufficient to cause erosion. When, in 1915. the writer made a trip by boat through 150 miles of the canyon of the Colorado River between Hite, Utah, and Lee Ferry, Ariz., large silt deposits at the mouth of Xavajo Creek were observed. This creek joins the Colorado from the south, at a point about 18 miles upstream from the site of the Lee Ferry Dam. Large silt deposits also were observed at many other points in the canyon below the mouth of San Juan River. These deposits could be located before they are cov- ered with the back water, and as the water reached the respective deposits, the material could be loaded on barges by dipper or suction dredges. It might prove more economical, however, to place rock crushers on the plateau above the dam and transport the crushed material to the dam by chutes. It is thus seen that there is plenty of accessible material for use in the final process of making the rock fill water-tight. When the rock fill becomes water-tight and the reservoir fills, the water may per- colate through the 40-foot layer of sand and bowlders. This water would be forced to travel a distance of about 5,700 feet. The indicated hydraulic gradient is about 1:8, and the .writer believes that the frictional resistance to the passage of water through the 40-foot layer of sand and bowlders would be sufficient to consume the head of 700 feet before the lower toe of the dam is reached, in which case the velocity of the percolating water near the lower toe of the dam would not erode the founda- tion. Under these conditions the dam as designed would be safe against blowouts caused by the upward hydrostatic pressure of the percolating water on the base of the dam. It is said that the silt-laden waters of the Colorado would be sufficient to tighten the dam. This silt, however, would be deposited at the head of the back water and not at the dam, which condition favors the completed project. With reservoir full, the back water would extend up every side canyon and tributary of the Colorado, and would probably extend up the San Juan River, a distance of 80 miles or more. The San Juan, which carries a large quantity of silt, would have its own stilling basin and. perhaps, 100 years would pass before the silt would reach the canyon of the Colorado. As each side canyon would have its own stilling basin, the water in the main canyon of the Colorado above the dam would remain practically clear. This is important when it is considered that the water is to be used for the development of power. Since it is proposed to blast about 20.000,000 cubic yards of rock into the river channel wiih the lirst discharge of the mines, arch action may result when this enor- mous quantity of material falls into the canyon, thus leaving a large open space within the proposed dam. Although such arch action is only a remote possibility, it might be advisable to discharge the mines in both walls of the canyon at the same instant, so that much of the material may meet over the river channel and fall ver- tically. Perhaps better results can he obtained by discharging the mines in one wall, after those in the other wall, but the writer believes it is impossible to determine just how the roc'k will fall when the mines are discharged. Care of inili-r //urini/ ctitixtrdction.The writer I, Sieves it imm-fessary to have the river under control until the dam is raised to an elevation 250 feet or more above the bed of the river. If the mines were discharged immediately after the flood period has passed, at least eight months would elapse under normal conditions before the river would again be at flood stage. During these eight months, it is expected that the upper face of the dam can be raised 100 feet, or to an elevation of 350 feet above the bed of the river. The storage capacity of the reservoir between an elevation of 200 and 350 feet is about 8,000,000 acre-feet. 178 DEVELOPMENT OF LOWER COLORADO RIVER BASIX. The writer has described (Engineering News-Record. March 6. 1919) the flood of 1917. during which the peak at Lee Ferry was about 147.000 second-feet, one of the highest floods of record originating above that site. An analysis of the records of daily discharge for this flood period shows that the water level in the Lee Ferry Reservoir would have been raised from an elevation of 215 feet to an elevation of 332 feet above the bed of the river. The accumulated storage above the 200-foot level would have been about 7.300 000 acre-feet and the total volume discharged through the temporary spillway would have been nearly 7.500.000 acre-feet. It is seen, therefore, that in order to prevent such a flood overtopping the unfinished dam. it would have been necessary to raise the dam at least 332 feet above the bed of the river. For the plan of construction herein presented the writer believes that the most dangerous period would be that during which the dam is being raised from the 200 to 350 foot level. Luring this period, it may be necessary to take care of a summer flood such as that which occurred in 1917. The water level in the reservoir during construction might be controlled most economically and efficiently by constructing only one tempoiary spillway at the 200- foot level controlled by a Johnson valve having a capacity of 60.000 second-feet under a static head of ICO feet. As this spillway is to be used only during construc- tion, it would not be necessary to provide slide gate? so that the Johnson valve may be unwatered for inspection and repairs. If a summer flood, such as that which occurred in 1917. miist be taken care of when the dam is nearing the 300-foot level, the temporary spillway will be taxed to its maximum capacity of 60,000 second-feet. As the dam is raised aJ-ove the 300-foot level, the storage capacity of the reservoir becomes much greater, so that a spillway capacity of lew than 60.000 second-feet would be required. Under this plan, the dam could be built to its full height without fear of its being overtopped by a flood during construction. The tunnels leading to the power house may be located at the 600-foot level. Since this paper deals primarily with the design of a rock-fill dam. no attempt will be made to determine the most feasible location for the power tunnels. The summer floods are caused by the melting snows in Colorado. Utah, and Wyom- ing. From the records cf precipitation, the volume of t,he coming summer flood can be determined with fair accuracy 60 days in advance. A permanent spillway should be provided at the 600-foot level so that the water level in the reservoir ciay be drawn down to provide sufficient capacity to take care of a flood much greater than any heretofore recorded. These in charge of the operation of the reservoir would be more concerned with the volume of run-off than with the magnitude of the flood peak. The quantity of snow in the upper basin would indicate whether the expected run-off would be high, low, or average in volume, ^n extended period of high temperatures, accompanied by a warm rain or "chinook" wind, would cai se a flood of great magnitude but of short duration. It would be impossible to predict such conditions 60 days in advance, but a study of the run-off records for the past 20 years would afford a fairly accurate basis for a prediction as to the time the summer flood may be expceted. Pout vnstrtietion. As coal is abundant within 15 miles from the site, a steam plant could be built to furnish powfr during construction. After the dam has been raised above the 200-foot level and the water is passing through the temporary spillway, power may be had by constructing a hydroelectric plant at the outlet of this tunnel. CONCLUSION-. 1. At thp site of the Lee Ferry Dam. the canyon is narrow and the red sandstone is of good quality. These conditions favor the construction of a rock-fill dam. It seems probable that practically all of the 50.000.000 cubic yards of rock for the fill can be blasted into place. However, it will be necessary, or at least advisable, to resort to the hand-and-derrick method in placing a part of the rock in the portion of the dam above the 600- foot level. The slopes of the finished dam are not expected to conform exactly with those shown on figure 3, but it is the writer's opinion that the average slope should not be steeper. 2. (Kdng to the favorable conditions at the site of the dam. the writer believes it entir-r-ly tVa-ible to raise the dam to the 250-foot level with the first discharge of the mines. The quantity of material required to form a dam 250 feet high depends on the depth to the layer of boulders and the depth to bedrock. It would be advisable, therefore, to test the river channel for bedrock by diamond-drill borings. 3. It would not be necessary to by-pass the flood water until the dam has been raised to an elevation of 200 feet above the bed of the river, except that provision must, be made to meet the demand for water for irrigation. DEVELOPMENT OF LOWER COLORADO RIVER BASIX. 179 4. Provision should be made to control the water level in the reservoir above an elevation of 200 feet in order to facilitate the sluicing of fine material into the rock fill to make it water tight. 5. Flood water should not be permitted to overtop the dam after it has been built higher than 200 feet above the river bed. I. A permanent spillway should be provided at the 600-foot level. 7. The raw materials necessary for the construction of rock-fill dam are conven- iently situated. S. "in this project it is planned to do on a large scale what has often been success- fully accomplished on a smaller scale. The writer believes the most uncertain feat'ure of the project is the work of making the rock fill water-tight. If the seepage through the dam is sufficient to cause erosion it would not be very expensive, con- sidering the magnitude of the project, to blast in the canyon walls and produce a 0:1 slope from the crest of the dam to the lower toe. 9. The writer believes that a rock-fill dam properly constructed would be fully as safe as a concrete dam. To the design herein presented for a rock-fill dam. the unit stresses developed in the foundation and abutment walls are low and need be given minor consideration. This type of dam. however, may be subject to failure due to a blowout which might be caused by the upward hydrostatic pressure of the water percolating under the foundation. The writer believes that the rock-fill dam de- scribed in this paper would be safe against blowouts or erosion. Should erosion occur, no doubt the trouble could be remedied long before there was any real danger of the dam failing. Should either the rock-fill or a concrete dam be overtopped by a flood, the damage mi^ht be sufficient to cause failure. A flood passing over the top of the rock-fill dam would cause at least a partial failure of the dam. The seriousness of the damage would depend on the magnitude and duration of the flood. Because the capacity of the reservoir is enormous, it is a comparatively simple matter to provide adequate spillway capacity, and the chances of a dam being over- topped by a flood are remote. 10. A concrete dam built at the Lee Ferry site to raise the water 700 feet above the bed of the river would have a volume of about 5.400,000 cubic yards and would probably cost, including spillway structures, about fSO.OCO.OCO. It is difficult to estimate the cost of a dam of the rock-fill type, but a liberal estimate indicates that it would be little more than half that of the concrete dam. XE\V YOKK, July 1, IB Hon. CARL HAYDEN, House of Representatives, Washington, D. C. MY DEAR SIR: Inaccordance with my letter of the 23d ult., lam inclosing herewith a proof of the discussion by Arthur P. Davis, past president American Society of Civil Engineers, on the paper by E. C. LaRue, entitled "Tentative plan for the construction of a 780-foot rock-fill dam on the Colorado River at Lee Ferry, Ariz., " for the use of the Committee on Irrigation of Arid Lands. Yours very truly, ELBERT M. CHANDLER, Acting Secretary American Society of Civil Engineers. TENTATIVE PLAN FOR THE CONSTRUCTION OF A 780-FooT ROCK-FILL DAM ON THE COLORADO RIVER. [By Arthur P. Davis, Director United States Reclamation Service, Washington, D. C., past president American Society of Civil Engineering.] The first proposition known to the writer for constructing a high dam in a large stream on an alluvial bottom by dumping loose rock into the flowing water without diverting the river or excavating; the foundation was made by the late A. (i. Menocal, member American Society of Civil Engineering, chief engineer of the Maritime Canal Co., who proposed such an operation for a dam about 65 feet in heighth on the San Juan River a few miles below the mouth of the San Carlos at a point called Ochoa, where the river forms the boundary line between Costa Rica and Nicaragua. The following extract from a paper prepared by Mr. Menocal for the water commerce congress at Chicago in 1893 describes the dam and method of construction: It consists in dumping from an aerial suspension conveyor large and small material properly assorted, across the river from bank to bank until a barrier is created suffi- ciently high and strong to arrest the flow and hold the waters at the required level, the body of the dam to be made up of large blocks of stone, weighing from 1 to 10 tons, and smaller material to fill the voids. Its base will be quite broad as compared with 180 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. the height, probably from 400 to 500 feet between the foot of the up-stream slope and the end of the apron. The top is estimated 30 feet wide, the rock up-stream slope 1 to 1 , and the apron, or downstream slope , 4 to 1 , with the lower portion flattening down to 5 or 6 to 1. On the upstream side small material, such as stone, fragments of gravel, clay, etc., selected as circumstances may require, will be deposited as the work ad- vances, in sufficient quantity, as tight as wanted. It is not expected or even desirable to have a water-tight structure, the object sought being simply to oppose such an obstruction to the river as may be necessary to hold the waters at the required level. The minimum flow of the river is about ten times the water needed for working the canal. Consequently, nine-tenths of it can l>c wasted with advantage. That the dam will eventaully become tight there can be no doubt, as the small drifts and detritus forced in by the current will gradually fill the voids and consolidate the structure. "The method of construction will be quite simple. After protecting the abut- ments against possible erosion, large pieces of rock will be dumped in the bed of the stream from three or four cableways spanning the valley. The material should be distributed uniformly over the area under the main portion of the dam, commencing upstream and keeping up, as nearly as possible, an even level. Scouring will soon cause settling of the blokes into firmer soil, the upper level in the meantime being constantly raised by depositing more stone, while the small material is being forced by the current into the voids, and the overflow dislodging and rearranging the unstable blocks until they reach a final resting place. This process to be continued until the resistance at the bottom becomes so great as to check scouring due to maximum pressure, when the dam will be carried up to the desired level. The river, in the mean- time running over the mound, will readjust the material in and adapt the apron to the necessary conditions of stability to withstand the effect of the fall, and carry off the water safely. If the dam is then raised so as to shut off a whole or the largest part of the river flow, which can by that time be discharged over the waste weirs, the struc- ture will be permanent." (H. Doc. 279, 54th Cong., first sess., p. 53.) It was proposed that this dam be an overflow weir, and this feature has been gen- erally condemned. The Nicaragua Canal Board, consisting of the late Col. William Ludlow, member American Society of Civil Engineering, Admiral Mordecai T. Endicott, and the late Alfred Noble, past presidents American Society of Civil Engineering, studied the plans of the company and made the following comments on this design : "It appears from this account of typical existing dams that, although rock-fill dams are not new, and although weirs have been built on sand and maintained suc- cessfully, the Ochoa Dam is actually without precedent in its more serious aspects, and its construction will be far more difficult than any that have been mentioned. The successful rock-fill dams have impervious foundations and are made water-tight by sheathing or masonry. " The materials in them are in great part hand laid, adding greatly to their stability, and none of them has been built in conflict with the forces of a great river or was in- tended to be used as a weir for the discharge of floods. "As to this last point, the board is clear in its judgment that no such endeavor should be made in the case of the Ochoa Dam, as involving an unwarrantable hazard to the safety of the structure and of the canal navigation. * * * * * * * "The weakest point of a dam built as the company proposes would probably be at the river bank, where the loose rock will meet the steep clay slope. The method proposed for protecting this point by lines of sheet piling and concrete core seems entirely inadequate. A better construction would involve the use of a caisson on each side of the river, located so as to be partly in the river channel and partly in the firm clay bank, and sunk by the pneumatic process to bedrock if within reach by that means, or if not at least below reach of scour. It seems probable that either bedrock or a mass of bowlders would be found near sea level, elevation O. The caisson should be surmounted by a concrete wall, extending up the hillside beyond the caisson to the highest elevation to be reached by the water surface after the completion of the dam. say 114 or 11(5. A trench 20 feet or so in depth, or deeper if necessary to reach firm material, should be excavated in the hillside for the core wall. This work done, the river banks and hillsides below high-water level should be covered with a heavy mass of large stones and an additional amount held in reserve before depositing any rock in the river. The result of this would be to contract somewhat the width of the river channel, which would at once scour out so as to maintain its normal cross section. A considerable scour would be desirable, because it is important that the rock mass be sunk deeply into the river bed. since, if rock or a bed of bowlders or heavy gravel can be reached, the safety of the structure will be increased greatly. In depositing rock in the river those methods should be used which will indxice scour, and possibly the building out from each side may best answer this purpose. DEVELOPMENT OF LOWER COLOEADO RIVER BASIN. 181 "The rock mound would be quite permeable, and the water pressure against it would vary with the volume of the discharge. To make it hold water, an embank- ment, which would form the real dam, the rock mound serving as its support, must be built on the upstream side. It is proposed to make the embankment of fine stone, gravel, clay. etc.. with the view that a quantity of these materials should be carried well into the rock mound. An embankment composed largely of clay dumped in the wat'T would take a much flatter slope than 3 : 1. For these reasons the quantity estimated by the company would have to be increased largely, and means may have to be adopted, not contemplated by the company, to render the dam tight enough to answer its purpose, as the permissible leakage is much less than the company has assumed. " I>v the addition of the embankment, and the retardation by friction of the flow of water through the underlying sand bed, the dam will be rendered more secure from undercutting and consequent settlement; but some doubt as to ultimate security will still remain. Confdenee would be gained to a certain extent during the con- struction of the dam if no breaches were caused by the annual floods, but it would require a considerable period of time after the completion of the dam to allay all apprehension. If a site can be found where the dam can be built above a rock or other stable foundation, the permanence of the structure will be rendered much more probable and the uncertainties of construction reduced. "l< such a dam becomes breached with the great volume of water standing at a high level against it. destruction would follow quickly. The crest, therefore, should be raised so far above the surface of the water in the pool that a considerable settle- ment could be sustained without sinking the crest below the water surface." (H. Doc. 279. 54th Cong.. 1st sess., pp. 61-64.) It should be noted that the board places emphasis on the importance of scour in settling the foundation as far into the sand as possible. It is also to be noted that this eminent board of engineers was doubtful of the permanent safety of a dam even of this height under these conditions. The practical application of the method of damming a large river by dumping rock on a bed of silt while the river flowed over it was made by the SoutKern Pacific Co. in 1906, in the spectacular control of the Colorado River when it was flowing into Salton Basin. The same method was used in constructing a cofferdam across the Colorado River in making the final closure for the Laguna Dam. In neither case, however, was the water allowed to flow permanently over the rock-fill as proposed by Mr. Menocal, and the rock used was settled deep into the silt by the erosion of the water during construction. The author proposes no means for effecting a water-tight junction between the rock-fill and its abutments, and the writer sees no effective method of accomplishing such a junction between the proposed silt filling and the rock. Under such a head, water would follow the rock with a velocity likely to become erosive at many points, and thus open avenues of danger. The best solution seems to be a concrete pavement cemented to the abutments with all the care and precaution that the highest skill can suggest. Cracks which might appear should be sealed with a cement gun on the first opportunity. In considering the construction of a loose-rock dam in Boulder Canyon during the past fe - v years the ( iovernment engineers and those whom they have consulted have regarded the settlement of the loose rock into the soft material as deeply as possible as one of the most important and difficult operations to accomplish, and it seems obvious that it can not be made perfect without excavating the loose material, but might perhaps v ith many precautions be made of sufficient extent to secure safety. The author's proposal to deposit enough rock in the river at one blast to bring the dam to the 250-foot level seems especially designed to prevent any water action in the direction of scour and of sinking the rock into the silt. lie says: "If the canyon walls were blasted into the river, the heavy mass of material would settle to the level of the bowlders, assumed to be 60 feet below the bed of the river, and some of the fine sand and silt would be forced up." No reason is given for this important conclusion, and the methods proposed seem likely to prevent this desirable result. If this dam were built by the methods suggested by the author, there would be a considerable part of the structure below the river bed founded upon sanxl and silt. As the water rose in the reservoir after the dam was completed, the head on this .-ilt. would gradually increase, and no assurance could be given that a critical point might not be reached when the reservoir is nearly full, and sufficient percolation through the foundation might take place to start erosion and cut a channel through the sill. A free channel ever so small resulting from the slight arching of the rock, which would conduct water through the sand at a velocity due to more than 700 feet of head, would scour rapidly, carrying considerable rock until a channel was excavated large enough 182 DEVELOPMENT OF LOWER COLORADO RIVER BASIX. to allow the rock above to settle, and unless this was accomplished in one motion the scour would continue until the main rock-fill fell into place. If it was arched suffi- ciently, it would not do so promptly, and the scour would continue until the opening would carry a flood much larger than normal and do great damage below. It seems inevitable, however, that eventually the rock fill would fall in place and stop this. If in so doing it should fall below the level of the water in the reservoir, the dam would be overtopped. No loose rock dam has ever been overtopped without failing, and some have failed. None of them has had a 780-foot head nor 50.000.000 acre-feet of stored water behind it to complete its destruction. It should be remembered that the proposed reservoir of 50.000.000 acre-feet has an area of 235,000 acres and a discharge of 1,000,000 acre'feet would lower the reservoir only about 6 feet. This would afford an average flow of 500.000 second feet for 24 hours. No one can do'ibt that this would destroy the dam faster than it would lower the reservoir. The writer will not attempt to describe the results of suddenly releas- ing 50.000,000 acre-feet of water. It would at least submerge and destroy the great Imperial Valley and all improvements along the lower Colorado River, and doubtless many lives would be lost. It is readily seen that the danger of failure and the magnitude of the disaster aro both greatly augmented with the height of the dam. This law applies especially to an unprecedented or doubtful design. Where the necessary structure so far exceeds precedent, to build it any higher than needed would be inexcusable. The author appears to consider a capacity of 20,000,000 acre-feet sufficient to regulate the river. The writer agrees with this estimate, l;ui would provide 20 per cent more to store silt and prolong the usefulness of the reservoir. There can therefore be no reason for building a reservoir of greater capacity than about 24,000,000 acre-feet, except for the increased head for power development. This site is so remote from markets and so much farther than many other available sites that there is at present no excuse, and for many years or decades there will be no justification, for developing power at this point. The available head can be utili'/ed by building dams of moderate dimensions at other points without such unprecedented and hazardous characteristics. The author states (p. 845) that the construction of a dam near Lee's ferry would remove the menace from floods on the lower river, except floods from the Gila River. That statement is erroneous, as the proposed dam would leave about 50,000 square miles of drainage are unregulated, besides that of the Gila. It is perfectly proper, as the author does, to except the Gila River, which for brief periods sometimes furnishes floods as great as those of the Colorado: but the area of 50,000 square miles between the mouth of the Gila and Lee's ferry should also be excepted. Most of this area can be intercepted by a dam at Boulder Canyon, which is the lowest point in the basin where this can be done, and is accordingly the proper place for storage purposes if the floods are to be controlled. The author's table on page 836 sn'ows a capacity for Lee Ferry Dam of 50,000,000 acre-feet and Boulder Canyon Dam of 31,680,000 acre-feet. The results of the actual surveys were probably not available to the author when he submitted his paper. These surveys have been in progress for a long time and the results are now available and are shown roughly in Table I, giving comparative area and capacity for each given height of the dam as high as the surveys have been carried at Boulder Canyon: Table I. Height of dam above river bed in feet. Boulder Canyon Reservoir. Glenn Canyon Reservoir. Area in acres. Capacity in acre- feet. Area in acres. Capacity in acre- feet. 50... 3.500 7,500 15,500 25,000 33,500 44,000 57,000 73,000 90,000 109,000 132,000 157,000 88,000 362,000 937,000 1,950,000 3,413,000 5, 350, 000 7, S75, 000 11,125,000 15,200,000 20,175,000 26,200,000 33,425,000 4,000 7,000 10,800 16,600 24,000 34,000 47,000 63,000' 85,000 114,000 145,000 178,000 100,000 375.000 820,000 1,505,000 2,520,000 3,970.000 5,995,000 8,745,000 12,445,000 17, 420, 000 23, 895, 000 31,970,000 100... 150. 200 250. 300 350. . 400 450... 500 550 600 . DEVELOPMENT OF LOWER COLORADO RIVER BASIN". 183 Table I shows that for the heights given the Glenn Canyon reservoir would have less rapacity than Boulder Canyon. A dam 780 feet in height in Glenn Canyon near Lee's Ferry would introduce not only unnecessary' hazards hut would waste a large quantity of water by evaporation, A reservoir of 24, 000, 000 acre -feet capacity in Glenn Canyon would have an area of about 125, 0'X) acres, according to the available surveys, whereas one of 50,000,000 acre-feet capacity would have a surface area of 235,000 acres and unnecessarily expose to evaporation 110,000 acres. This would be at its highest stages during the hot months of June. July. August, and September. Assuming an average excess area of 100,000 acres, and an annual evaporation of 6 feet from the extra area, 600,000 acre- feet of water would be wasted annually, all of which would be lost for use at the num- erous high dams eventually to be built in the canyon below. The utter absence of anything approaching a precedent to the proposed plans leaves the writer in much the same doubts as those which remained in the minds of the Nicaragua Canal Board previously quoted, and there certainly is sufficient doubt so that it would be inexcusable to attempt such a structure where more conservative designs are possible or to build the dam under these conditions any higher than necessary. ( >pinions concerning the safety of the proposed design can hardly be considered of much value until something is known of the underground conditions, which have not. been investigated at Glenn Canyon. Still less is it possible, under these conditions, to make intelligent estimates of cost of any type of dam. These conditions.at Boulder Canyon have been carefully investigated, and comparative estimates of high concrete and rock-fill dams have been made by men with large experience in the construction of high dams. These estimates lead to the conclusion that the rock-fill type, with proper precautions for safety, could not be relied on to be much cheaper than a massive concrete structure the safety of which would be without question. POWER DEVELOPMENT ON THE COLORADO RIVER AND ITS RELATION TO IRRIGATION AND FLOOD CONTROL. [By O. C. Merrill, executive secretary, Federal Power Commission.] One of the most important and interesting of our present-day engineering problems is the control and development of the Colorado River. Its interest and importance arise from the fact that it involves the irrigation of millions of acres of land, the pro- duction of millions of water horsepower, and the protection from floods of millions of dollars of property values, and that it affects the general economic interests of seven of our Slates and two of the States of Mexico. It is of interest also in its political relations using this term in its etymological, not its ordinary, sense. Seven sovereign States claim in the use of the waters of the Colorado rights which in the aggregate' mav exceed its possibilities. Its waters can not be put to use without, the sanction of the States in which the use is proposed and without the concurrent sanction of the Federal Government, which owns the lands necessary for such use and which possesses a general control over the river from the fact that it is an international stream. It remains to be seen to what extent political considerations will modify engineering; considerations in the solution of the problem. The two main branches of the Colorado rise, the one in southwestern Wyoming,, the other in central Colorado. The length of the river from the headwaters of the Green to the Gulf of California is about 1.750 miles. Its basin, with an area of about 250,000 square miles, includes practically all of Arizona, nearly one-half of Colorado and of Utah, one-fifth of Wyoming and of New Mexico, one-tenth of Nevada, and a narrow strip in California along the California-Arizona boundary. The Imperial Valley in California, though not topographically a part of the Coloroad Basin, should also be included because of its dependence upon the waters of the river and because of its intimate relation to the general problem of river control. Of the area of the basin some 5.000,000 acres, or about 1 acre in 30, appear economically irrigable. Claims, however, have been made that there is a much larger amount of available irrigable land. The annual run-off of the river at Yuma averages about 18,000,000 acre-feet. The average discharge is about 24,000 cubic feet per second, with variations from a minimum of 4,000 second-feet to a maximum of 150,000 second-feet on the main river and to 240.000 second-feet by inclusion of the Gila. The steep slope of the river and its large volume make it capable of producing some 6,000,000 water horsepower, or two-thirds as much as is developed in the United States to-day. 1316 22 PT 3 8 184 DEVELOPMENT OF LOWER COLORADO RIVER BASIX. A discussion of the general problems of the Colorado will be made clearer if we divide the river into three sections and consider the characteristics of these sections and their relations to each other. The upper section from the headwaters to the Utah-Arizona line, just below the mouth of the San Juan, comprises about 40 per cent of the area of the basin and affords about 87 per cent of the total run-off, or an average of about 15,000.000 acre-feet per annum. In this section are some 2, 500, 000- acres of irrigable land, one-half of the estimated total in the basin. It also has power possibilities aggregating 2.000,000 horsepower. In this section, both upon the main stream and upon its tributaries, are many favorable reservoir sites by means of which it would be practicable to regulate the flow of streams for irrigation within the section, or for power development both within the section and outside, or. if desirable, for flood control on the lower river. In so far as the tributaries arennvolved. these several uses would conflict to a considerable degree and only a careful study of the whole section could determine the best com- bination of uses. At the lower end of the section is the so-called Glenn Canyon re- servoir site, which has an important bearingon all developments and uses of water below. The middle section from the mouth of the San Juan to the mouth of the Williams comprises about 35 per cent of the area of the basin and supplies about 7 per cent of the annual run-off. There are no irrigable lands along the river in this section and only some 250,000 acres on the tributaries, none of which can be reached from the main river. In this section, however, there is a total drop of about 3,000 feet, capable, if fully utilizing the average annual run-off entering the section, of producing 4,000.000 horsepower. Except for the Boulder Canyon site near the lower end of the section, which would have no effect on the greater part of this section, there appear to be no storage sites capable of providing any considerable amount of seasonal storage. Dams erected for power development would be primarily for the purpose of concentrating head and of providing pondage for daily load regulation. Seasonal regulation would be dependent upon storage in the upper section. The lower section from the mouth of the Williams River to the Gulf and including the drainage of the Gila and the Imperial and Coachella Valleys in California com- prises some 25 per cent of the total area of the basin and furnishes about 6 per cent of the average annual run-off. Its power possibilities are relatively unimportant, but it contains some 2,250,000 acres of irrigable land, the most fertile and most valuable in the basin, a large part of which is periodically endangered by floods. There appear to be no reservoir sites of consequence below Boulder Canyon on the main river, but there are such sites on the Gila which could be used both for irrigation and for con- trolling the Gila floods. Mewed solely from the physical standpoint, the upper section of the basin might have its primary development directed either toward irrigation or toward water power; or it might, as it probably will, have a combination of these two uses. On the other hand, the middle section, with the exception of storage below the mouth of the Vir- gin and of relatively small irrigable areas on the tributaries, is suitable only for power development . Eq ually clearly the waters reaching the lower section should be devoted primarily, if not exclusively, to irrigation, and the storage sites should be employed for irrigation or flood control, or both. The most immediately pressing problem on the Colorado River is flood control for the protection of the Imperial Valley in California. I shall not attempt, however, to discuss it in detail, but merely to present certain aspects of that problem in the relation they bear to water power and to a general plan of river development. The Gulf of California originally extended northwesterly into what is now the State of California. The silt-laden water of the river gradually formed a delta cone extend- ing across the gulf, cutting off the northern end and deflecting the flow of the river to the south. The water inclosed in the northern end evaporated, leaving the depres- sion known as the Imperial Valley and the Salton Sea, with its surface 250 feet below sea level. The silt-formed delta is unstable. The river is constantly depositing more sediment and shifting its channel back and forth over the flat ridge some 30 feet above sea level which forms the crest of the delta, and there is danger at each flood season that it may break northward into the Imperial Valley instead of continu- ing southward into the gulf. The river did break through in 1905 and for more than a year and a half discharged into Salton Sea before it was turned back with great difficulty and expense into its old channel. The levees which were later built to protect the valley have several times been awash in periods of floods. It is necessary to raise them about a foot a year to keep pace with the rise of the river channel, and it is only a matter of time when the river will break through again unless steps are taken to control the floods. The situation is further complicated by the fact that the works for protecting the Imperial Valley are situated in Mexico. It is this condition of affairs which has placed primary emphasis on flood control in all plans for the devel- opment of the Colorado River. DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 185 Flood conditions on the lower Colorado may be caused either by high water on the main river or high water on the Gila. Flood eonditoins on the main river occur annually in the summer season, are due to the melting of snows on the headwaters of the streams, and continue on the average from two to three months. The maximum flood from the main river in the years of record, 1902 to 1914, inclusive, has been 150,000 second-feet. The average mean monthly discharge during the three high months of >fay, June, and July for this same period of record has been: May, 42,600; June, 73,100: and July, 43, 500* second-feet. While the floods from the Gila approach in magnitude those of the main river, they occur in the winter season, are caused by. local rains, and are of short duration. Should it happen, however, by any com- bination of circumstances that extreme flood conditions on the Gila should coincide with similar conditions on the main river, a break through into the Imperial Valley would be almost inevitable. On account of the volume of water involved, it is apparent that protection from Colorado River floods can be had only by storage and by storage of large capacity. It, is also apparent that full immunity from flood damages can be had only by storage on the Gila as well as storage on the. Colorado. Since, however, storage on the Gila has only an indirect relation to the general problem of the Colorado River, it will be given no further consideration here. There appear to be three practicable locations for flood control reservoirs of the capacity necessary. These are on the headwater tributaries, on the main river at Glen Canyon, and on the main river at Boulder Canyon. Storage on the headwaters would require several reservoirs, and even though practicable from a purely flood- control standpoint, such a plan involves at least two serious objections. The opera- tion of such reservoirs to meet the needs of the lower river would be likely to interfere to a considerable degree with the use of the waters for irrigation in the upper section and to a lesser degree for power development, depending upon their location and their manner of operation. If duplication of investment is to be avoided, flood-control reservoirs must also provide irrigation storage for the lower river. To operate for this purpose reservoirs located hundreds of miles above the lands to be irrigate d would be an extremely difficult problem and would inevitably result in wastage of water and consequently in a storage capacity greater than would otherwise be necessary. Adequate storage for both flood control and irrigation could apparently be had at the Glen Canyon site at the Utah-Arizona line. From an irrigation standpoint this site presents similar objections, though less in degree, to sites on the headwaters, since the reservoir would still be a considerable distance from the lands to be irrigated. From a flood-control standpoint, however, it appears adequate. It would intercept 87 per cent of the run-off of the basin, and would include every tributary of conse- quence above the Gila, except the Little Colorado. This stream is subject only to flash floods and enters the main river so far above the Imperial Valley that its floods can not be considered as dangerous. Storage at this point is of sufficient capacity to provide for power development and irrigation as well as for flood control, and hence would not interfere with, but be a distinct aid to, power development in the middle section. The proposed Boulder Canyon site has certain distinct advantages over all other sites if considered wholly from the standpoint of the flood control and irrigation re- quirements of the Imperial Valley. It is comparatively near to the irrigable lands, and operation difficulties would be reduced to a minimum. It will intercept all floods on the river, except those from the Gila. It would even be possible to ameliorate flood conditions from the Gila by stopping all discharge from the main river while the Gila is in flood. If nothing but the flood control and irrigation requirements of the Imperial Valley were 1 to be considered, ihere would appear to be no doubt of the su- perior advantages of the Boulder Canyon site. When, however, consideration is given to the problem of development of the river as a whole, the situation is by no means so clear. Both the Glen Canyon and the Boulder Canyon sites are likely eventually to be built, and both present engineering problems of magnitude. To provide the proposed minimum storage capacity of 21,000,000 acre-feet at Boulder Canyon and an equal amount at Glen Canyon will require dams of unprecedented height. Preliminary plans propose a masonry dam at Boulder Canyon some 530 feet in height above the river chan- nel. When it is realized that the river channel has a depth of l:)"> I'eet below \\aier level, that the river flows through a narrow canyon, and that floods in excess of 100,000 second-feet are likely to be encountered during construction, the magnitude of the engineering problems to be met will be appreciated. Detailed investigation, particularly borings, have not yet been made of the Glen Canyon site, and the type of dam has therefore not been determined. If foundation conditions are not more unfavorable, this site should from the construction standpoint 186 DEVELOPMENT OF LOWER COLORADO RIVER BA.-IX. have certain distinct advantages over the Boulder Canyon site. The river forms a double loop at the dam site, one-half of which is 28,000 feet around, but at its nan parts only 3,000 feet across at water level, and only 2.000 feet at 500 feet above water level. This condition provides better opportunity for handling water during con- struction than at Boulder Canyon and also affords better opportunity for ' obstructing outlet works and spillway independent of the darn carrying by the one through and the other over the narrow section whkh separates the two sides of the loop. When we consider the relation of irrigation to power development u~e find that only about one acre in thirty in the Colorado basin i.s irrisrable. but that it has ]> <>r resources more than sufficient to meet its needs for generations. v ii l ce it is likely to require all the agricultural products that its lands can supply long before it has put to use all its potential water powers, it would appear the part of wisdom to dedicate the waters of its streams to irrigation to the extent they can be efficiently used for such purpose, leaving water-pov <-r di'\elopment to take the second phve. If reason- ably conservative practices are followed and all unnecessary . i<'d. there appears to be ample water in the Colorado and its tributaries to irrigate all lands v ithin economic reach of the streams. The problem of water supply for such pur- ! is, therefore, one of e >uitab!e distribution: and this is the problem which the Colorado River Commission has been created io solve. I shall not discuss it further than to say that, if irrigation be assumed as the dominant UPC. tlu-'v v. uiiM still be opportunity to develop hundreds of thousands of horsepower in the upper basin ui:di r properly developed plans and that, from the water which would be reli-;i-" er. In the upper section, hov ever, such conflict is certain to exist. >ot only v ill water be permanently withdrawn from the river, but storage reservoirs can not be fully used for both pur- poses. For this reason, a? well as on account of the greater volume of v ater and the greater fall, the middle section is the most favorable for po'^er development. But power development on the Colorado, as well a.s irrigation and Hood control, requires seasonal storage. This is necessary not only to produce a regulated lio v. but, in the canyon section at least, as a protection airainst floods, for the narrowness of the river channel and the consequent restricted spilhvav length is likely to produce depths of discharge in flood season that might seriously restrict the height of dams that it would be safe to construct. Sufficient capacity for seasonal regulation can not on account of topographic condi- tions be secured in the middle section except at Boulder Canyon, and that of course is available only for use at that site or below. For the greater part of the section storage must be either at the head of the section or in the upper river. If it shall prove feasible of construction. Glen Canyon reservoir is peculiarly well adapted for the pur- pose. It is situated at the crest of the steep canyon slope, and appears to have a capacity sufficient to equalize the flow of the river over a series of years. The fact that this reservoir must eventually be built in connection with power developments below and that when built it is likely of itself to solve the flood prob- lem of the main river has naturally raised the question, why build both Glen Canyon and Boulder Canyon, or, if both, w-hy build the latter first? The construction of Glen Canyon reservoir by eliminating flood conditions would make the construction of all dams in the river below far easier, cheaper, and safer. Nothing which may be done at Boulder Canyon will obviate in any degree the eventual necessity for Glen Canyon reservoir or reduce the difficulties of other construction in the canyon above. On the other hand, if Glen Canyon is built, the greater part of Boulder Canyon storage as storage would become useless. It would seem, therefore, that the prior construc- tion of this dam could be justified only on one or both of two grounds: Either that the imminence of the peril to the Imperial Valley justifies the cost of the Boulder Canyon Dam even if only temporarily required for flood control purposes; or that the cost is justified, independently of storage, by the additional power that could thus be pro- duced by a dam of the height proposed. In any event, some storage below the Virgin is desirable, if not necessary, even if Glen Canyon reservoir is constructed, in order to regulate the water at that point to meet immediate irrigation requirements farther down the river. Which reservoir should be built first and whether the full capacity of both is needed are questions about which there is considerable difference of opinion. I shall only say that there appears to be enough doubt to warrant a thorough study of the upper site before commitment is made to Boulder Canyon, and that in such study due consideration should be given to power developments in the middle section DEVELOPMENT OF LOWER COLORADO RIVER BA.S1X. 187 as well as to irrigation and flood control on the lower section. I have placed emphasis upon this question of the location of primary storage, whether at the head or at the foot of the middle section, because it is a factor of great importance in the problems of power development and may determine the entire course of such development upon the river. The extent of the interest in the power possibilities of the Colorado River may be judged from the fact that there are on file with the Federal Power Commission 20 applications affecting the Colorado River and its tributaries aggregating four and one- half million primary horsepower and (i. 000, 000 horsepower of estimated installation. It is, however, quite apparent that no such amount of power will be developed in the near future simply because it could not be disposed of. The rate of power develop- ment on the Colorado is a question of markets. The sites at the headwaters will gradually be developed to supplement the existing Utah and Colorado power systems. When we turn to the middle or canyon section, however, we find that local demands for power in this part of the Colorado Basin are hardly sufficient to justify at the present time any large-scale development. The mining market of central Arizona probably would justify an initial development of some 100,000 horsepower, but to justify large-scale development utilizing any such storage as proposed at either Boulder Canyon or Glenn Canyon would require that primary markets be sought outside the basin, a situation involving long-distance high-tension transmission. The only section which at present seems capable of furnishing the requisite demand, and the section which gives greatest promise of increasing its demand in the near future, is the southern half of the State of California. Notwithstanding the great power resources of that State, objection is already being raised against the diversion southward of the electric energy generated from the waters of the central and northern sections of the State. With the continued depletion of its oil reserves and with increasing industrial and agricultural development, the time appears not far distant when California, sould it maintain its present growth of power demand, would be required to go outside its boundaries for new sources of power, even if economic considerations did not lead it to do so at a much earlier date. The development of power in the basin of the Colorado for use outside will, however, be an advantage, not a disadvantage, to the people and the industries within the basin. The potential power available is more than the basin itself is ever likely to require. If power is developed on such a scale and at such a cost that it can be economically delivered in large quantities, hundreds of miles from the point of genera- tion, it. can be economically delivered near at hand in smaller quantities, and this fact, if the power is developed under proper auspices, would result in the extension of facilities to existing local markets and in the development of new ones; for the most complete disposition of its products is the ultimate object of power develop- ment. The mining areas within the basin, the railroads which traverse it. the towns within it and along its margin, all would be sought out as users of power once develop- ment were made and the main t-ansmission system established. Distribution of power throughout a sparsely settled area is, however, likely to be attempted only through extensions from a transmission network constructed primarily to serve other and more extensive markets elsewhere. The States within the Colorado Basin would never have secured the railroad sendee they now possess had they not been on the main routes between the Mississippi Valley and the Pacific Coast. They will be in a similarly favorable position with respect to electric power service when trunk trans- mission lines are constructed across their territories. The final factor which determines whether power sites can be utilized, the degree to which they may be developed, and the distance to which the power may lie trans- mitted is, of course, the unit cost of energy delivered. To a considerable degree unit costs are less as quantities increase. Particularly on a stream like the Colorado, where, irrespective of the sixe of the project, large preliminary expenses will be involved and long and expensive transmission lines will be required, large-scale development is likely to prove much cheaper in construction costs per unit of avail- able output than small-scale development. The extent, therefore, to which the water powers of the Colorado are to be developed and the degree to which they will be made to serve the interests of the Colorado Basin itself are likely to depend largely, if not primarily, upon whether the power is developed in isolated independent units or in a system of interconnected plants with a trsnamission network extending '>ver the entire territory. If development proceeds by independent units, a few re.-uicted areas will get the benefit of such part of the resources as are developed. If the other plan is followed the entire basin and all the adjacent territory may share in t he 1 .ene. (its. Such a plan, however, can be carried out only by agencies whose authority is not circumscribed by State lines agencies in whose own interest it will be to extemi as widely as possible the territory which they serve. Such a plan does not necessarily 188 DEVELOPMENT OF LOWER COLORADO RIVER BASIX. imply either a single ownership, and it does not imply Government ownership; but it does imply such an interrelationship, at least, as will insure the operation in one interconnected system of the power developments on the Colorado River. We come now to a brief consideration of what we have called the political rela tions of the problem. Under the provisions of the Federal water power act. appli cants for license must present evidence of having secured from the State rights nec- essary for the diversion and use of water. It is the general rule of law within the Colorado Basin that he who first puts the waters of a stream to use has a first right in their use. On this doctrine of priority of appropriation . extensive rights to the use of the waters of the Colorado have been acquired on the lower river, for it is that, section of the river which is being the most rapidly developed. The fear has con- sequently arisen in the States in the upper section that, before the time when thev can put what they believe is their share of the water to use. rights to such share will have been acquired on the lower river, particularly if power developments utilizing the full flow of the stream should be authorized on the middle or lower river. Because of this fear and in the hope that the matter might be settled without the endless interstate litigation that would otherwise be almost inevitable, a proposal was made that the several States affected enter into a treaty or compact by which they should mutually agree on the apportionment among themselves of the waters of the river. Under the provisions of the Constitution, such a compact or agreement between States requires the assent of Congress. This assent was given by act of Congress of August 19, 1921, which authorized the creation of a commission to be composed of one representative from each of the seven interested States, who, together with a member appointed by the President, should form a compact ccmmissicn, and should report their conclusions to Congress on or before January 1. 1923. This ccmmisi-ii n has been appointed with Secretary Hoover as the representative of the United States and chairman, has held several sessions, but has thus far come to no agreement. Under the terms of the act creating the comrnissicn. its authority is limited to the determination of an "equitable division and apportionment " of the waters of the river among the States. It has no authority to grant rights itself, and its powers do not conflict with those of the Federal Power Commission or other Federal or State agencies. Since, however, its conclusions might affect or be affected by the approval of applications by the Federal Power Commission, action upon such applications has been suspended awaiting the conclusions of the Colorado River Commission. There are also international relations involved. The Colorado RiA'er forms the boundary between the southwestern tip of Arizona and the Mexican State of Lower California. Below the Arizona line it separates Lower ( 'alifornia from Sonora. Some 100.000 acres of land in Mexico are now being irrigated from the river, and it is esti- mated that fiSO.OOO additional acres are irrigable, a total of 820.000 acres or 40 per cent, of the irrigable area tributary to the river below Boulder Canyon. Under such cir- cumstances it is manifest that international comity, if no other reason, requires that this situation be taken fully into consideration in any plans of Colorado River devel- opment. In its preliminary report on the problems of Imperial Valley and vicinity of January, 1921, the Reclamation Sendee recommended equitable participation by the Mexican Government in the cost of storage works, and arrangements with that Government for the construction and maintenance of flood protection works on Mexi- can soil. Such participation and arrangements could, of course, be brought about only by the concurrent action of the two Governments. There is also the question of the degree to which the United States should itself take part in power or other developments along the river. It is argued, and with apparent, justification, that the cost of flood and irrigation storage is greater than the irrigation interests alone can bear and that, therefore, the Government should itself construct the works and recoup itself by sale of power, some (iOO.OOO horsepower of which could be developed at Boulder Canyon. Whether this arrangement would or would not effect an equitable distribution of benefits among irrigators and power con- sumers. I am not prepared to say. There are. furthermore, those who advocate development at Government expense of all the powers along the Colorado River, the distribution of such power by the Gov- ernment at cost, and the prohibition of any development by private capital on the river. This is, of course, merely an instance of the age-long contest between advo- cates of public and of private ownership and operation. On account, however, of the probability that it may be found necessary that the Government participate in the development of the river at least to the extent of furnishing flood protection, general action is unlikely to be taken upon the applications before the Federal Power Commission until conclusions have been reached upon the extent, if any, to which the Government should thus participate. DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 189 Finally, agreement among the several interested agencies should be reached on the general procedure and the general plan of development to be followed on the river, in order that whatever work is done or projects constructed may n't into a scheme for the fullest practicable utilization of the river for all uses to which its waters are adapted . There is an apparent existing need for additional power in certain sections within the lia.-in. The several interested agencies should, therefore, reach their conclusions at the earliest practicable date so that the present order of suspension may be lifted. The primary elements of a general plan for river development appears to be as fol- lows: (!) storage at the headwaters for irrigation in the upper section and for such power developernent in this section as can be accomplished without undue interfer- ence with irrigation; (2) storage below the San Juan of sufficient capacity to control floods and to regulate the* water available at that point for power use in the middle section; and (3) storage below the Virgin sufficient, at least, for re-regulation to meet irri- gation requirements of the lower river and for such additional flood protection as may be necessary or desirable. If this or some similar plans can be agreed upon, and an equitable apportionment of the waters effected, the details of the immediate applica- tion of the waters of the river to their respective uses in the individual sections will be greatly simplified, and work may be started on the series of developments upon which the economic progress of the whole Southwest primarily depends. : Whereupon, at 11.25 o'clock a. m., the committee adjourned until 10.30 o'clock a. m., Wednesday, June 28, 1922.) PROTECTION AND DEVELOPMENT OF LOWER COLORADO RIVER BASIN HEARINGS BEFORE THE COMMITTEE ON IRRIGATION OF ARID LANDS SIXTY-SEVENTH CONGRESS SECOND SESSION ON H. R. 11449 . By Mr. SWING A BILL ,TO PROVIDE FOR THE PROTECTION AND DEVELOPMENT OF THE LOWER COLORADO RIVER BASIN PART 4 JUNE 28, 1922 WASHINGTON GOVERNMENT PRINTING OFFICE 131fi 1922 3V3CI 5! OQAflC Vfi . COMMITTEE ON IRRIGATION OF ARID LANDS. HOUSE OF REPRESENTATIVES. SIXTY-SEVENTH CONGRESS, SECOND SESSION. MOSES P. KINKAID, Nebraska, Chairman. NICHOLAS J.'SINNOTT, Oregon. CARL HAYDEN, Arizona. EDWARD C. LITTLE, Kansas. C. B. HUDSPETH, Texas. ADDISON T. SMITH, Idaho. JOHN E. RAKER, California. JOHN W. SUMMERS, Washington. HOMER L. LYON, North Carolina. HENRY E. BARBOUR, California. WILLIAM B. BANKHEAD, Alabama. E. O. LEATHERWOOD, Utah. WILLIAM WILLIAMSON, South Dakota. SAMUEL S. ARENTZ, Nevada. MANUEL HERRICK, Oklahoma. A. R. HUMPHREY, Clerk. II PROTECTION AND DEVELOPMENT OF LOWER COLORADO RIVER BASIN. COMMITTEE ox IRRIGATION OF ARID LANDS, HOUSE OF REPRESENTATIVES, Wednesday, June 28, 1922. The committee met at 10.30 o'clock a. m., Hon. Edward C. Little (acting chairman) presiding. STATEMENT OF HON. LAWRENCE C. PHIPPS, A UNITED STATES SENATOR FROM THE STATE OF COLORADO. Senator PHIPPS. Mr. Chairman, I wish to file with the committee a copy of a telegram received by Senator Nicholson and myself from the mayor of Denver. Colo., expressing a desire on the part of the citizens of Denver to be heard before any final action was taken on this bill, or before the hearings were closed. .Mr. VAII.E. I have filed a similar telegram. Senator PHIPPS. It is not necessary to read it now, but I will file it with the committee. (The telegram referred to is as follows:) DENVER. COLO., June 23, 1!>.>2. Hon. LAWRENCE C. PHIPPS, Hon. SAMUEL D. NICHOLSON. Washington. D. C.: Our attention just called to H. R. 11449 by Congressman Swing and S. 3511 by Senator Johnson and to hearings on same before House committee. The future growth and development of Denver and vicinity, as well as nearly one-half the total area of the State of Colorado, are and will be wholly dependent upon the future use of a part of the waters of the Colorado River which have their rise in this State, and we protest- against any legislation by Congress for the con- struction of enormous works upon the lower reaches of the river which may interfere with the future development of the State of Colorado and the neces- sary future diversions for municipal and irigation supplies by Denver and ad- joining territory. The bills in question do not afford such protection. The consideration of such legislation at this time is a surprise to us in view of the present activity respecting the same subject matter by the interstate compact commission appointed by the President and the governors of the seven Colorado River States, and we protest against further activities by Congress until the future rights of this State and city have been assured by interstate compact. In any legislation on this subject adequate provision should be made for lower development for vise of States in the upper basin as well as the lower basin. Before any report is made on this bill Denver desires time and opportunity to be heard. D. C. BAU.F.Y, Mui/ur. Senator PHIPPS. My attention has been called to the Swing bill, which, as I understand it, is practically a duplicate of a bill introduced in the Senate by Senator Johnson, of California, but I have not had an opportunity to see the hearings that have been so far conducted by your committee. Therefore. I am not aware as to what interests are behind the proponents of this measure, but so far. as rny personal information is concerned and I have made some inquiries I have been unable to learn of any community of citizens in the Imperial Valley or the Coachella Valley of California who are asking for the construction of the Boulder Canyon Dam at this time. Mr. HAYDEN. I can briefly tell you who has appeared here. 191 192 DEVELOPMENT OF LOWER COLORADO RIVER BASIX. Senator PHIPPS. I can post myself later with regard to thar. Mr. HAYDEN. Director Davis, of the United States Reclamation Service, made a statement based upon his printed report on the problems of the Imperial Valley, which, undoubtedly, you have seen. Secretary Hoover, of the Depart- ment of Commerce, appeared before the committee, and discussed the bill. There have also been present representatives of the City of Los Angeles, Pasadena, Riverside, and other cities and towns in Southern California, us well as the President of the Imperial Irrigation District, all of whom advocated the passage of the Swing bill. Mr. Yager, representing the Coachella Valley, is present this morning and desires to be heard. I can further advise you that this is the last day on which hearings are to be held on the bill at this time. The committee may again take the bill up for consideration after the proposed recess of the House, sometime in August or September, at which time, as I have advised everyone who has asked me, the committee will undoubtedly be glad to hear at length all persons having views on the bill. Senator PHIPPS. Mr. Chairman. I do not change my statement at all that upon inquiry I am not aware of any community of citizens in California who are asking .for action at this time on any measure of this character, and I sub- mit that since the various Staves that are interested in the waters of the Colo- rado River have appointed commissioners, who, in conjunction with the Federal representative, Mr. Hoover, acting as chairman of the commission, are consider- ing the matter of the allocation of the waters of the Colorado River, iv would be very strange indeed if the Federal Government should be making an appropria- tion of some $70,000,000 to enable one community or one section of the country that can use the waters of the Colorado River for irrigation purposes to set up a prior claim or right by the use of those wavers while these negotiations are in progress. Of course. I have no idea that any affirmative legislation can be had at this time, nor do I think that any legislation should be had until the possi- bilities of other reservoir sites on the Colorado River are considered in connec- tion with the Boulder Canyon site. Mr. LITTLE. I might say that the suggestion you have made has already been made to the committee, and the committee, I think, is fully convinced of every proposition you advance. Senator PHIPPS. Without having had an opportunity to know what has already passed before your committee Mr. LITTLE (interposing). I think if you will read over the hearings, you will find that the situation is satisfactory in that regard. Senator PHIPPS. I would like to point out vbis fact, that the committee should give consideration to all those other matters in connection with this bill. Mi-. LITTI.K. I am sure that you would be satisfied with what has been done by the committee. Senator PHIPPS. The principal object of this bill, or that would be. at least, inferred from a reading of it, is the control of flood waters, with the incidental use of them for irrigation purposes and for the development of hydroelectric power. Now. the great damage which occurred in the Imperial Valley by rea- son of the flood some years ago when the Southern Pacific Railroad saved the situation, and for which. I believe, it has never been reimbursed by the Federal (Government, was caused, according to my information, by an unusual flood in the Gila River, which comes into the Colorado River below the Boulder Canyon Dam Site. The high flow of this present season which has just passed within the present month, did not come out of the Gila, River but from the upper wa- ters. By reason of the Pescadero Cut, which has been reopened at an expend- iture of some $300.000 by the people of the Imperial Valley, the flood waters were safely carried by without danger of inundation to the Imperial Valley. This bill has, among other provisions, one giving priority in the matter of de- veloping hydroelectric power possibilities to communities, which would, to my mind, have the effect of cutting out competition on the part of public-utility companies, such as the large companies now supplying California and Nevada with hydroelectric power. Mr. HAYDEN. Would you object to my asking you a personal question at this time? Senator PHIPPS. No. Mr. HAYDEN. I have been told that you have considerable financial interest yourself in the California power companies. Is that true? DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 193 Senator PHIPPS. I am interested, and have been for years, in one of the smaller companies out there, and in a company that, by the way, has furnished hydroelectric power to the Imperial Valley. Mr. HAYDEN. What company is that? Senator PHIPPS. The Nevada and California Electrical Corporation. I think they furnish the Imperial Valley with current through one of their subsidiaries, either the Holton Power Co., or the Southern Sierra Power Co. I am not familiar with the details of the business, because I have no part in the man- agement, but it goes without saying that having established distribution lines in there, any further development of hydroelectric power in that neighborhood would put that company in an ideal position, as it would benefit through being allotted its proportionate share of the hydroelectric power developed. Mr. SWING. You are short of power now, are you not? Senator PHIPPS. I do not think so. Mr. SWING. In other words, there is more demand than you can supply? Senator PHIPPS. Like every other company out there, they have not been able to keep up with the demand for hydroelectric power. There is an absolute field for further development of that industry there and in all the other Western States. At the present time agriculture, perhaps, is the field upon which those companies depend for their greatest consumption that is, in pump- ing for irrigation purposes. New things are being developed all the time, so that really the hydroelectric business is only in its infancy. There will be a growing and ever-increasing demand for power, and I think we are only on the eve of that development. So far as that is concerned, I think the possi- bilities of the Colorado River should be carefully considered, and that they should be developed, but we must be careful to develop them along proper lines. I do not want to see Los Angeles, with its very apparent desire and I say that unhesitatingly to bond its citizens for the purpose, going into the hydro- electric j tower business, in competition with public utility companies, which com- panies are financed by private resources. Mr. SWING. There is no competition by the city of Los Angeles, is there? Senator PHIPPS. I am not sufficiently posted to say, but my information is that they bought out public utility companies that had put in distributing lines by which they were furnishing current to citizens of the city, where, as in ether States, they were under the regulation of the railroad commission. Where their earnings are regulated, they are not allowed to earn above a certain percentage on their investment, based upon the appraised value of their prop- erty, with a certain amount set aside for depreciation, etc. Therefore, the consumers were protected in the matter of charges. Now, in this Boulder Canyon proposition, it seems to me very apparent that there is a definite intent and purpose on the part of the administration of Los Angeles to definitely establish the city of Los Angeles, a municipality, in the business of develop- ing, producing, and distributing hydroelectric power in competition with public- utility corporations, whose earnings are regulated by the commission. Mr. HAYUKN. I am sure that you will be interested in reading the state- ment before this committee made by Mr. Crisswell, the president of the City Council of Lets Angeles, in which he discussed that very feature. Senator PHIPPS. I am sure that I shall not miss reading a page of the testimony. The people of Denver in the development of their city will have to look to the waters of what we term the western slope, or the Western part of the State, over the divide, to supplement the water needed for domestic purposes in the city of Denver eventually. At the present time, it is proper and urgent that they should be looking ahead, as the city of Los Angeles did when it went 200 to 2.~tO miles in the interior tit take up water rights. If the city of Denver should look ahead with a view to acquiring water, it would have to be diverted on the headwaters of the Colorado River. Mr. HAYDKN. I presume that the question of the diversion of water out- side of the basin will be considered by the Colorado River Commission before it reaches any final conclusion as to the allocation of the waters of thsit stream. Senator PHIPPS. Undoubtedly : that is one of the problems that must be attended to out there. So far as that is concerned, my feeling personally is that there should be no difficulty on the part of the States getting together in u proper agreement for the allocation of the waters of that stream. So far as Colorado is concerned, and I believe that Wyoming is in the smne sit- 194 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. uation, the volume of water carried through those States is largely in excess of what either or both Stares can expert to use under any future plans that any man living to-day can devise. Mr. LITTLE. Did you say Colorado and Utah? Senator PHIPPS. I said Colorado and Wyoming. I would not like to say as to Utah. Utah is a little farther down the stream. It is a great and growing State, with wonderful agricultural possibilities, and I do not know to what extent its territory can be irrigated by water from the Colorado River. Mr. LITTLE. What do you think of the Glen Canyon irrigation project in Utah? Senator PHIPPS. I do not know about that. There is one strong reason for developing the waters at the head of the stream for beneficial use. and that is because the water goes back into the river through seepage. The return flow to the stream is very great. In the San Luis Valley, in Colorado, at the head- waters of the Rio Grande. I can show you places where the water, after having irrigated large areas of land, requires sulnlrainage in order to take it away. There are many places where water which has already irrigated land is brought to the surface and used again for the irrigation of other lands, and then goes into the river. Mr. LITTLE. How far down from the dam? Senator PHIPPS. For instance, up at the headwaters of the Rio Grande, there is the so-called farmers' dam, which is less than half a mile wide, impounding a vast volume of water. There is another dam on one of the main tributaries, known as the Santa Maria Dam. which is away up in the hills. At certain times, when they desire to irrigate, they take the water out through the liead- gates into the river channel. The water is conducted down to the point where they take it out for use. For instance, the town of Del Xorte is between 75 and 100 miles farther down the stream than the farmers' dam and (><> miles below the Santa Maria Dam. They there turn the water into the main ditches. which are as wide as the length of this room, say 30 feet. That is the width of one of those principal ditches, and they range in depth from 5 to 7 feet. Perhaps 6 feet is the average. They take the water out into the laterals and distribute it over the territory, and in covering an area of three miles square they will get enough drop or enough dip of the land to take the underflow out again and bring it to the top of the land. Then it will go 3 or 4 miles farther, and find its way back into the stream. That water is used over and over again. I am familiar with the fact that in irrigation there are great losses through evaporation. That is gen- erally conceded, but, at the same time, there is a great recovery through seepage and the return of the water to the stream. So in the case of Glen Canon. Utah, the amount of water that would be taken out would irrigate the Utah lands, and a portion of the water would return to the main channel of the stream. Mr. HAYDEN. The Glen Canon Dam site is located in Arizona, instead of Utah, and there is no irrigable land in Utah below it. Senator PHIPPS. I am confusing that with another site in Utah. Mr. HAYDEN. I think that you must have in mind the Flaming Gorge Project which has been highly recommended by some eminent engineers. Senator PHIPPS. There are several reservoir sites further up the Colorado, and I believe the experts on irrigation problems would generally testify that the greatest benefit that can be derived from water for irrigation purposes is by beginning its use as nearly as possible to the headwaters. Mr. LITTLE, I was talking about this project in Utah. Senator PHIPPS. I will not detain the committee any further, except to sa.T that in a matter of this kind it is very necessary to take into account all of tin- questions that enter into the consideration of the subject rather than to con- fine your investigations to the possibilities of one project. Mr. SWING. May I make this suggestion, that I am going to ask the com- mittee at the first opportunity after the recess, probably the last of August or the 1st of September, to have the hearings printed and a copy sent to the Colo- rado River Commissioners and other persons interested in the matter, with an announcement of the date of the future hearings. Then they can read the hearings and have the advantage of preparing their statements in relation to them, and they can be here at that time to present their case to the committee. Senator PHIPPS. That would be the ideal way in which the committee mem- bers could get the information they want. DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 195 Mr. SWING. I think you will agree with me that the development of the Colo- rado River is one of the biggest propositions before the American people to-day. It is simply a question of evolving a workable scheme. Senator PHIPPS. You spoke of the power possibilities of this stream : There is a dam site above the Grand Canyon as well as below it. ^ There is a dam site at the junction of the Grand and Green Rivers where the hydroelectric power that might be generated would be more centrally located with reference to the points of use than would be the case if it were generated at the Boulder Canyon site. Mr. LITTLE. Mr. Swing, will you point out to the Senator where the projects are? Will you point out the Flaming Gorge Project to him on the map? Mr. SWING. I think the Senator is about as familiar with that as I am. Here [indicating} is the Flaming Gorge Site, and here [indicating] is the Boulder Canyon Site. Senator PHIPPS. I do not know that I have anything further to say this morning. I thank the committee for its attention. STATEMENT OF HON. SAMUEL D. NICHOLSON, A UNITED STATES SENATOR FROM THE STATE OF COLORADO. Senator NICHOLSON. Mr. Chairman, of course, it is agreed by everybody that the distribution of the waters of the Colorado River presents quite a problem, and I take it that there will be no money appropriated by Congress until the Colorado River Commission makes its report. I feel quite confident that there will be no measure enacted by the Senate appropriating money for the pur- pose of building the Boulder Canon Dam until such time as the Commission makes its report. Mr. SWING. It was suggested by Mr. Hoover that an appropriate paragraph could be put into the bill protecting the upper stream States, and not continue to carry as a hangover several projects in California and Arizona that are con- stantly menaced by Hoods, such as was experienced in the Palo Verde Valley. You know of the destructive floods there. Senator NICHOLSON. That is true from what I have read. Mr. SWING. You could have your rights protected by a reservation in the bill that when the commission reaches an agreement, that agreement shall cover the projects authorized to be constructed in this bill. Senator NICHOLSON. If an agreement that would protect our rights on the Colorado River could be arrived at we would not want in any manner to prevent the construction of a dam. Mr. SWING. I mean if the legislation carried a paragraph which provided that when the Colorado River Commission readied an agreement that agree- ment should govern all the works constructed hereumler. Would not that be sufficient? Senator NICHOLSON. No, I do not think so. I would not want to say that I would agree to that, or that we would bind ourselves to accept the findings of this commission as final. That would be a question of whether we felt that our interests had been properly protected. Mr. SWING. I mean if it is ratified. Of course, you are acquainted with the Hood menace down there? Senator NICHOLSON. Yes. Mr. SWING. And you know that it is a real and actual menace. Senator NICHOLSON. 1 agree that we are making pretty rapid progress now, and that the appointment of this commission was highly desirable and neces- sary. Now when they make a finding, I think all of us will have a better viewpoint from which to see what our relative rights are in the matter. Mr. LITTLE. Did you know that Mr. Hoover, the chairman of that commission, has been before the committee and has quite fully presented that side of it? Senator NICHOLSON. I did not know that. Mr. LITTLE. He made quite a statement. Senator NICHOLSON. What did he say? Mr. SWING. He said that this legislation should be pui through without further delay, and that it could carry a paragraph amply protecting all up- stream situations. Senator NICHOLSON. Where is this paragraph? Mr. SWING. Mr. Hoover suggested it. Mr. VAILK. The bill was prepared before Mr. Hoover appeared before the committee. 196 DEVELOPMENT OF LOWER COLORADO RIVER BASIX. Senator NICHOLSON. Let us look at it from another viewpoint : Suppose we should agree to the proposition that you gentlemen have submitted, that there should be such a saving paragraph in the bill, binding us as to the finding of this commission, or to abide by its findings Mr. SWING (interposing). The commission's findings can only be binding when unanimously adopied by the legislatures of the seven Stsites concerned and confirmed by the action of Congiv Senator NICHOLSON. That is another question that has been developed, be- cause it is necessary to have the legislatures of the seven States to agree to the findings of the commission before they can be ratified by Congress. Mr. SWING. That would not alter your rights. Senator NICHOLSON. Now, if that be true, and I have no doubt it is, you can readily see that we should proceed along common-sense lines. We must deal with one another in an honest, just. ;md straightforward manner. It must be a settlement that is equitable to all of the States, or they will not adopt or approve the findings of the commission. Therefore. I take it that if we work along together and attempt to help one another, we will not obstruct the work of the commission, and we will get somewhere. Mr. SWING. You have kept in touch with this matter, have you not? Senator NICHOLSON. Not as closely as I should have liked. Mr. SWING. I mean in touch with the work of the Colorado River commission. Senator NICHOLSON. Just in a general way. Mr. SWING. Do you not recognize from the hearings that the principal ob- struction to the reaching of :in agreement by the Colorado River commission has been the contention or claim on the part of representatives of States that all of the water and snow that fell within their boundaries in the basin of this river belonged to them forever that is, water that they could not possibly use now, and could not possibly use 100 years from now? You know, of course, that that was their contention, and that has been the reason why the commis- sion could not reach an agreement. Senator NICHOLSON. I know that has been the contention. Mr. SWING. You do not defend that proposition before this committee, do you? Senator NICHOLSON. I can tell you very briefly my position in the matter : As you gentlemen know. 62 per cent or 64 per cent of the water in the Colo- rado River has its source in Colorado. I think 17 or 18 per cent of it has its source in Wyoming. In other words, about 80 per cent of the water in the Colorado is furnished by Colorado and Wyoming. The city of Denver now has a population of nearly 300,000 people, and we have no reserve waters upon which to fall back to meet the future increase or growth of the city of Denver. Of course, naturally, in the next 2.1 or 30 years Denver will be a city of 600.000 people, and we will then be compelled to go to the western slope and get water for future use. Of course, it is quite difficult at this time to say what quantity of water is going to be required for the future use of the city of Denver, but the citizens of Colorado will have to be guaranteed, or they will have to be protected in their full rights, as to the quantity of water that they feel the future will require. It is not a question as to the quantity of water that we will require to-day, but the quantity that we will probably require forty or fifty years hence, based on increased population. That relates not only to the needs of the cities, as there is a great deal of land in Colorado that is available for reclamation purposes, and it can be reclaimed by irrigation when the waters are diverted across to it, either from the Rio Grande River or the Colorado River. Now, the citizens of Colorado, I think, can be relied upon to extend to you people a square deal. All that they ask for is that you extend to them a square deal in the matter. That is the way I look at the matter. STATEMENT OF HON. WILLIAM N. VAILE, MEMBER OF CONGRESS FROM FIRST COLORADO DISTRICT. Mr. VAILK. Mr. Chairman, I would like to make a brief statement along the same line. We have in Colorado four principal streams that rise in that State, namely, the Platte. the Arkansas, the Rio Grande, which flow to the east, and the Colorado, which flows to the west. The mountains of Colorado furnish a large part of the water supply for that whole western territory on both slopes of the Rockies. Mr. LITTLE. Which of those rivers will furnish the most water to the Colorado? Mr. VAILE. There is more water in the Colorado River. The Rio Grande does DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 197 not stay very long in Colorado. It flows southeast, and goes out of the State. The people of Colorado have been rather injured by the construction of works outside of the State which have established priorities, or, at least, have estab- lished equities, in the judgment of the Interior Department. Mr. HA YUEN. And, also in the judgment of the Supreme Court of the United States. Mr. VAILE. Well, it has worked both ways. They have confirmed the doctrine of prior appropriation, upon which we rely. They decided with us on that in the Kansas and Colorado case and against us in the Colorado and Wyoming case. Mr. HAYDEN. It is evident from the Supreme Court decisions that if an equitable arrangement could be made between the several States of the Colorado River Basin that it would be highly advantageous. Mr. VAILK. Yes; ami that was the purpose of the law providing for that com- pact between the several States. In the first place, there was a treaty with Mexico that guaranteed the flow. I do not know the exact proportion, but the general effect was to guarantee the flow of water along the boundary line, and under that treaty irrigators in southeastern Colorado have been deprived of water to which they are justly entitled for their homesteads which, in many cases, were located before the treaty with Mexico was made, or, at least, at a very early date. Then there was the construction of the Elephant-Butte Dam. with the result that the Hio (irande waters have been tied up as far as their use by Colorado people is concerned. Denver is a city of more than 250,000 population, and is growing rapidly. There is a very large territory to the east of it. Mr. SWING. Is it agricultural land? Mr. VAILE. Yes. Mr. SWING. You want to divert water from the Colorado River for the irri- gation of lands, from which the water will not again enter the river by seepage? Mr. VAILE. Certainly; we rely upon the doctrine of prior appropriation to beneficial use. of course, there are two extreme views. One extreme view is that a State is entitled to all the water that rises within its boundaries, and the other is that the State through which the water flows is entitled to it. Of course, as between those two positions, there is ground for reasonable com- promise. Mr. SWING. If the State of Colorado claims all of the water that flows from within its boundaries, let them pay the millions of dollars of damages done by those waters in Hooding the I'alo Verde Valley. Mr. VAILK. They do not claim that responsibility. Senator NICHOLSON. That is what we are proposing to do that is. to take this water and divert its course so that you will not be damaged by floods in the river. Mr. VAILE. .We do rely upon that doctrine of prior appropriation to bene- ficial iise, but that doctrine will evidently have to have some modification in the interest of States below as well as States above, wherever State lines in- tervene. That can be worked out through agreements among the seven States interested. I do not know that the city of Denver will oppose this legislation, but we do want to be sure that rights shall not. be acquired before an agree- ment is reached among the States. STATEMENT OF MB. EDGAR WALLACE, LEGISLATIVE REPRE- SENTATIVE OF THE AMERICAN FEDERATION OF LABOR. Mr. WALLACE. Mr. Chairman, sometime ago I appeared before this com- mittee on a general reclamation bill. It was the Smith-McNary bill and the Bankhead bill that were pending before the committee at that time. I then stated the general position of the American Federation of Labor on matters of reclamation. Since that time a committee has been appointed by the American Federation of Labor, and they made a report which has been adopted. With your permission. I would like to read one paragraph from the report, and will insert the balance of it in the hearing. Mr. LITTLE. Without objection, the report will be included in the hearing. Mr. WALLACE. The paragraph definitely pertainim: to the bill before the committee is headed "The Colorado." ami reads as follows: "The possibilities of the Colorado system dial lenses adequate description. Immense tracts of land, the richest in the world, can throughout this valley and the deserts, be brought under a hiirh state of cultivation which will neces- sitate towns and cities, manufacturing and railroads, as the development continues. 198 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. " The reclamation of desert and swamp, the building of good roads and canals. and adequate housing plans might well absorb our attention and interest MS in these crucial times. That nation that can build, while other nations decay, is the nation that will endure." Now. Mr. Chairman, that last phrase, of course, "the nation that can build while other nations decay," is the crux of the matter, according to our ideas. The American Federation of Labor recogni/es that to-day there is a vast amount of unemployment, even though there is a little betterment on account of the farmers getting a little better price for their products. We know, gentlemen, that then- are millions of men unemployed. I call your attention to the fact that the coal miners have been on strike for almost three months, and yet there is no shortage of coal. What does that mean? It means that the indus- tries are not running, or they would have absorbed that amount of coal that was on hand long ago. Therefore, as I have said, there are many millions of men out of employment. We see in every project for the reclamation of land possibilities for homes and possibilities for other industries in other sections of the country that will be called upon to furnish the materials for building dams, for building homes, and for building the railroads that will go into those possible reclamation projects. Now, we favor this project, as we do the others referred to. We see the extreme necessity and the evidence that there is not only possible the reclama- tion of more land, but there is danger at the present time of homes already built and to land already reclaimed of be'ng destroyed. It would intensify the situation throughout the country if that calamity should come to pas*. It seems to us that at a time like this speed is necessary. The opportunity is here and the necessity is here. Men should be given an opportunity to build homes, and men should be put to work. Our foreign relations are out of joint, and our foreign trade is out of joint. Why should we not now put all of our energies into developing this country, and making this a happy country for working people, with an opportunity to employ themselves and to employ each other? Is it a question of economy V Yes: but I do not think it is good economy to save money at the cost of the people of this country who arc looking for work, while there is urgent need for the work that they can do. I do not believe that we should hesitate to mortgage the future for the benefit of pros- perity, and that is what reclamation means. We are making homes for our children, and in order that their children may live on in the future. Hence, if we spend money in order to do this work, and if. in order to spend the money. we must mortgage the future, we are doing it in behalf of future generations. I do not believe there is anything more I wish to say. Mr. HAYDKX. The committee is always glad to have the benefit, of your views. Your previous statement in behalf of the Smith-McNary bill was very helpful. The support that has been given to the entire problem of the reclamation of waste land in the United States by the American Federation of Labor is sincerely appreciated by this committee and by everyone interested in that great question. (The report submitted by Mr. Wallace is as follows:) " Your committee, after carefully considering the matter submitted to it, beg leave to render the following report: " We feel that, while the present dislocation exists throughout the world, with industry stagnant and unemployment and its attendant suffering grow- ing worse each day, it behooves us, in the name of humanity and of our country, to work out a constructive program that will, in addition to al- leviating the existing situation to a large extent, establish those works that will ever redound to the dignity and progress of our Government and the welfare of our people. "We have carefully analyzed the need and opportunity for real, necessary constructive works, and have considered what we think are of the most im- portance, in housing, reclamation, and water transportation and power con- struction. "We have generalized this entire matter under three captions, name'y : Re- clamation of the desert contiguous to the great Colorado River system and including other worthy reclamation projects in other parts of the country : development of the plan to connect the Great Lakes with the St. Lawn-nee for deep-water shipping; and the fullest development of the Mississippi sys- tem in its entirety. " In the general reclamation of the Colorado and other similar though smaller projects, we have in mind the inclusion of reclamation plans in general. DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 199 " THE COLORADO. "The possibilities of the Colorado system challenge adequate description. Immense tracts of land, the richest in the world, can throughout this valley, and the desert, he brought under a high state of cultivation which will necessitate towns and cit : es, manufacturing and railroads. as> the development continues. "The reclamation of desert and swamp, the building of good roads and canals and adequate housing plans might well absorb our attention and energies in thesv crucial times. That nation that can build, while other na- tions decay, is the nation that will endure. "All general plans of reclamation of swamp, arid and cut-over lands might generally be classed with this enterprise. The price of one dreadnaught would go a long way toward financing one of these enterprises. It has been, esti- mated that the value of the land reclaimed under the Mississippi projec> would triple the cost of construction. " THE MISSISSIPPI. ''(me of the ideas that has come under discussion for many years, is the full- est development of the water system of the Mississippi and its principal tribu- taries. Most of the activities of local politicians in the years gone by have been in the direction of the " i>ork barrel" method, trying to improve some locality or creek, in a temporary manner, when it was often really tributary to a larger system. " The development of the Mississippi system in its entirety would automat- ically do many things, beside making seaports of some of our inland cities. With the enterprise under way, building from the headwaters of the Missouri, the Ohio, and the Illinois Rivers down to New Orleans, it would create an out- let by water for the produce of St. Louis, Chicago. Kansas City. Pittsburgh, and other localities directly to Mexico, either coast of South America, or to the world. "This would also he true of imports. The leveeing of this wonderful water system would automatically do many other things. It would prevent the periodical disastrous floods, it would reclaim millions of acres of rich laud, and do away with disease. It would require many years to construct This work properly, and in the meantime while the rest of the world is writhing in trou- ble and uncertainty, this gigantic enterprise would stimulate to its best form every line of human endeavor in our country, our unemployed would be put at useful and profitable work, it would require clothing, housing, food, and pay rolls, steel, concrete, and machinery, and in the meantime the public would have something healthier to think about other than the "open shop" fights or the beating down of labor, and all other values. " \Ve are well equipped to embark on such an enterprise. The idea of a canal connecting the Atlantic with the Pacific Ocean, across the Isthmus baffled the world. Annies of men died like flies in the effort of France to build the canal. We did it and did it so well that before it was completed, hundreds of tourists and sightseers were gong to the Canal Zone for their health. " We believe that the general conference should authorize the drafting and the introduction of three separate bills, one dealing with the Mississippi project, one with the St. Lawrence project, and a general reclamation bill to deal with the great Colorado project in the entirety, and similar smaller plans as they exist in the various parts of our country. "These are necessary and worthy enterprises at all times, and will redound to the comfort and profit of all generations to come. It is especially proper that the people at large should lend every effort to inaugurate at least one of these projects at the earliest possible moment, and thus bring industry and progress hack into our national life." STATEMENT OF MB. THOMAS C. YAGER, ATTORNEY FOR COACHELLA VALLEY COUNTY WATER DISTRICT. Mr. YAGEU. Mr. Chairman. I appear here in behalf of the Coachella Valley County Water District. That organization covers most of the territory of the Coachella Valley. We have approximately K'.s.ooo acres of irrigable land, or land that is susceptible of irrigation by gravity flow from the Colorado Hivei. We are interested in this project, not entirely from the satndpoint of the 200 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. development of our new area, hut we are interested in it from the standpoint both of irrigation and protection. Most of our valley is below sea level. The town of Indio is '22 feet below sea level, and gravity flow into the district would extend a short distance north. The Salton Sea. which ran into the valley in 1905, covers a jxirtion of the Coachella Valley, and if it were not stopped, it would have covered all of it. Therefore, we are interested in this project from the standpoint of protection, and vitally so. We are also inter- ested in it from the standpoint of development in the Southwest. Four years ago we were here pleading with this committee and with Congress for legisla- tion which would permit of the development of this territory, and. in your wisdom, you saw lit to pass a bill asking for a further investigation. Those investigations have been made and the re]K>rts submitted to this Con- gress by the Secretary of the Interior recommending the construction of this project. It has been indorsed by Secretary Hoover, after he had familiarized himself with the project through all the hearings, held in the West by the Colorado River Commission. It has been indorsed by the engineers of the Reclamation Service, and it has been indorsed by many competent engineers of the West. We believe in the possibility and the feasibility of this project, and I am instructed by the Coachella Valley County Water District as its repre- sentative to give to you our unqualified indorsement of the Swing bill, 11. U. 11449. This development, gentlemen, is the life of our valley. We are prac- tically at the limit of our present water supply. The irrigated area 'that we now have is irrigated from artesian wells. We have approximately 10,000 acres under cultivation, and our supply is about at its limit. We are using about the limit of the water supply at the present time, and if we intend to go ahead in that valley, we must look to other sources for water, and this is the only source we can look to. Therefore, we ask you to pass this legislation. AV'e need it for protection and we need it for development. We have no disposition or desire to interfere with any of the rights of the upper States, nor do we believe that the construction of the Boulder Canyon Dam will interfere with any rights of the upper States. Over 17,000.000 acre- feet of water are passing the Yuma project yearly that is going to waste, and that water could be placed upon the arid lands of the West, making an agri- cultural empire. It would not interfere at all with development in the upper States, as all agree there is sufficient water for every acre in the watershed. It would supply power, and, by the way. this power is a by-product of the de- velopment. We need that power to help pay for the construction. It is a part of the development, and this territory is not entering into this project with the idea of being a competitor of any power company, but it is an asset that Hows from this development. Mr. SMITH. How many acres are under irrigation in the Coachella Valley? .Mr. YAGER. Approximately 10,000 acres. Mr. SMITH. How many additional acres could be placed under irrigation by this proposed project? Mr. YAGER. There are approximately 138,000 acres susceptible of irrigation from gravity How of the Colorado River. Mr. SMITH. At what price could the agricultural industry there take ad- vantage of this opportunity for additional water, or what price per acre could they afford to pay? Mr. YAGER. Mr. Hayden has made the statement that that land is reasonably worth $200 per acre. I think we can go further that that. We raise a class of crops there that are very valuable, such as dates, grapes, etc. There is really no price that we can place on an acre of dates. There is no competition in the United States to the production of dates, and enormous returns can be made. Mr. HAYDEN. My statement was that every acre of irrigated land in the lower Colorado Valley was worth at least $200. Mr. YAGER. I think we can absolutely concur in that, although in this par- ticular locality the land is probably worth a good deal more. The grape crops there are the 'first on the markets. They receive from $500 to $1,000 per acre from grapes yearly. Mr. SMITH. Is the additional land to be irrigated in the public domain or in private ownership? Mr. YAGER. A portion of the land in the Coachella Valley is in the public domain, and a portion of it is in private ownership. Mr. SMITH. How was that land in private ownership acquired? They could not take it up under the homestead law, could they? How was title acquired DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 201 to the land that was in the public domain? I am referring to the land that is now under irrigation. Mr. YAGER. The public land in that vicinity has been withdrawn from entry, but prior to its withdrawal, it was taken up by homesteaders and tinder the desert land law. water from wells, or underground water being used for its reclamation. Mr. SMITH. The district only includes the lands there in private ownership? Mr. YAGER. It includes practically the entire valley at the present time. The people of the Southwest are a unit in their desire to have this project constructed, and have shown their good faith and sincerity by contributing heavily to the cost of the report and investigations, submitted to you by the Secretary of the Interior in order that your committee and this Congress might have full and complete information upon which you could base intelligent legis- lation, providing for the development of this great national resource. We further appeal to you and submit that it is the proper duty and function of this Government to help its citizens in this case as it has in others and to relieve them from the constant flood menace that threatens their destruction when they themselves have spent millions of dollars and exhausted every re- source in their efforts to control the floods of this river, and failing now look to you for help. In 1905-6 the Colorado River broke its banks and ran rampant through tl'.e cultivated area of the Imperial Valley, inundating that vast stretch of land now lying in the Imperial and Coachella Valleys and doing millions of dollars of damage, and formed what is now called the Salton Sea. Just recently the Colorado River broke through the levees of the Palo Verde Valley, River- side County. Calif., and has again done millions of dollars of destruction and damage to the cultivated area in this district, although this district has built numerous levees and is to-day carrying a heavy bonded indebtedness for moneys it has spent to protect itself from the ravages of this river. Other districts along the lower reaches of the Colorado River have been seriously damaged and have si tent large sums of money in their efforts to protect their lands from floods, but all these expenditures have been made at different points along the river in the construction of dikes and levees ; draining the pocketbooks of the farmers in this vic'nity and yet they have not gone to the heart of the problem and permanently protected themselves. The Secretary of the Interior under your direction and the direction of Con- gress here presents to you a solution of the problem', which has received the indorsement of some of the most competent engineers of the West. The construction of this project as provided in this report, in addition to the desilting and equating the flow of the river and protecting this property from damage, provides an adequate and practical water supply and irrigation canal for the irrigation of approximately a million acres of land within the United States and this land, one of the most productive areas the United States has; and. gentlemen, here let me emphasize again the fact that very little, if any. of the produce and crops that will be grown on this acreage will come in competi- tion with crops grown in any other part of the United States. On account of the early season and extreme heat, the grapes, cantaloupe, onions, lettuce and all such crops are harvest CM!, sold, and used before the crops of other localities are mature. This produce to a large extent is shipped East to supply the eastern demand and upon a bare market and the money received from the sale of this produce is spent with your eastern manufacturer in buying farm implements and machinery, dry goods, automobiles, and general merchandise, nearly all of which is manufactured on the eastern coast or at least east of the Mississippi River. This development thus is of great benefit to the eastern manufacturer, merchant, railroads, and other business branches. oiiu-r witnesses have told you of the demand for power in the Southwest and the value of the power to be developed by the construction of the Boulder I>am and that the power is of sufficient volume and value to bear the entire cost of the dam. affording primarily flood protection and the equating of the river for irrigation. We thus present to you a problem that will solve itself if you will provide the legislative machinery and start it in motion. Private power companies have fded upon the river and have offered to build such a dam for the power alone, showing their faith in the financial and engi- neering soundness of the project, but, gentlemen, that river is a great national asset, belonging to the people of this country, over which this Congress has juris- diction, and this Government is the only agency that can properly allocate the 202 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. benefits to be derived in its development and is the only agency in which the people of the Southwest are willing to entrust this undertaking. I can do no more than assure you gentlemen that the people* whom I here represent are desirous and anxious that this project he built and that they urge you to pass this legislation, the soundness and feasibility of which have been passed upon by competent engineers. Mr. HAYUEN. As this is the concluding hearing of the committee on this bill until after the recess of the House. I ask permission to insert in the record two letters that I have received from the Director of the United States Geologi- cal Survey, and a telegram from the State water commissioner of Arizona with reference to the proposed investigation by representatives of the State of Arizona, the United States Reclamation Service, and the Geological Survey of the irrigation possibilities in my State from the waters of the Colorado River. Mr. George H. Maxwell, who appeared before this committee not long ago. has conceived the idea that there might possibly be irrigated from the Colorado Kiver as much as two and a half million acres of land in Arizona. Of course, an engineering investigation will be required to determine just what can be done. In a letter to me sometime ago lie stated: "I have an engineer now at work on plans and estimates of cost of the Arizona cut-off and the Arizona Highline Canal, and you will be surprised when I am able to send you a statement of the results of his calculations. They will demonstrate beyond question that the cost of this work will be more than covered by the additional power developed, leaving only the cost of the com- paratively inexpensive distribution systems below the divide to be borne by the lands reclaimed with water brought through the Arizona Highline Canal." (The letters and telegrams submitted by Mr. Hayden are as follows:) DEPARTMENT OF THE INTERIOR, UNITED STATES GEOLOGICAL STKVEY, \Vnxliiniitoii. Mill/ /N, _/.'>.?.'. Hon. CARL HAYDKX, House of Representatives, MY DEAR MR. HAYDEN : With reference to your interview on May 1(5 with Mr. P. S. Smith and Mr. G rover relative to the suggested survey of a higli- line canal from the proposed Boulder Canyon reservoir to lands in the Gila River Valley : It is believed that a survey of a single canal line, which would be very expensive, might not lead to a conclusion in regard to the feasibility of watering all or a considerable part of the lands suggested for irrigation, because of the possibility of alternate routes some one or more of which might be cheaper and better. I believe that it would be better to make topographic surveys of critical areas; such, for example, as the upper end of the proposed canal line where the topography will probably be found to be very difficult for canal location and construction, the region where the crossing of the Williams River would have to be made, and the divide between Bouse Valley and the Harqua Hala Desert. Such surveys would yield informaion which might lead to a definite decision as to the feasibility of the project and at the same time give informa- tion which would be of value in connection with other projects. Yours very cordially, GEO. OTIS SMITH, Director. DEPARTMENT OF THE INTERIOR. UNITED STATES GEOLOGICAL STRVEY, \\'. Hon. CARL HAYDEN, Hotise of Representatives. MY DEAR MR. HAYDEN : In reply to your telephonic inquiry relative to recon- naissance of lands irrigable from Colorado River in western Arizona : Arrangements have been made for an investigation to be made during this field season by three engineers to be detailed from the office of the State water commissioner, the Reclamation Service, and the Geologival Survey. Mr. F-. C. La Rue will represent the Geological Survey, but I am not advised that the rep- resentatives of the other two organizations have yet been designated. It is ex- pected that these engineers will determine the location and approximate area of lands which may be irrigated economically either by gravity diversion or pumping from Colorado River. Yours very cordially, GEO. OTIS SMITH, Director. DEVELOPMENT OF LOWER COLORADO RIVER BASIIST. 203 PHOENIX, ARIZ., June 28, J!>.>.!. Hon CARL HAYDEN. House of J'eitrcxcntatircx. WaxJiiiififtD). I). C.: Arrangements practically made with Reclamation Service and Geological Sur- vey for an engineer from each department with our engineer to head a party to investigate and determine all possible irrigable lands in Arizona from Colo- rado River. Arizona has about $18.000 for the purpose, which is insufficient for complete detail work. W. S. NORVIEL, State Water Mr. HAYDEN. If these representatives of the two bureaus of the Interior De- partment and the State of Arizona make this proposed engineering investiga- tion at an early date. I am sure that much valuable information will be ob- tained which I hope will ultimately result in the reclamation of considerable areas of land in 'Arizona which have heretofore been deemed worthless for agriculture. Furthermore, I would like to direct the attention of the committee to the fact that there are three areas of land in the Colorado River Valley in Arizona that have long been recognized as susceptible of irrigation. The first is Mo- have Valley above Needles, comprising about 27,000 acres. The second includes over 100,000 acres in the Colorado River Indian Reservation near Parker, and the Third consists of about IN. (XXI acres in the < 'ibola Valley. Much data has been published by the Government relative to irrigation in the Imperial Valley. There are also accessible a number of Government pub- lications containing detailed information regarding the Yiuna project, but little or nothing has been printed with respect to the irrigation possibiltes of any of the three projects I have just mentioned. I have here a report prepared by C. A. Engel, an engineer of the Indian Service. His report was prepared at an expense of over $100,000, about half of which came from the proceeds of the sale of lots in the town of Parker. I ask to have this report printed as an appendix to these hearings, omitting therefrom most of the maps, drawings, and photographs. Mr. SMITH. Is Mr. Engel an official of the Government? Mr. HAYDEN. Yes: he is an engineer of the United States Indian Service. He has made a full and detailed engineering report covering a gravity irriga- tion project on the Colorado River Indian Reservation. I also have here an irrigation report on the Fort Mohave Indian Reservation. I shall boil it down so as to make it as brief as possible, and will omit all the photographs. I likewise have some information relative to the Cibola Valley. I ask unanimous consent to have all the data that I have mentioned printed as an appendix to the present hearings. Mr. SMITH. I am under the impression that we are limited as to the amount of money we can spend for such a purpose, and we will put the request in this way, that if the appropriation of the committee is sufficient we will have it printed. Mr. SWING. I think it would be especially interesting to know what lands can be developed in both California and Arizona by the average flow, and how much could be developed by waters stored in a reservoir. I think this would be Interesting information. Mr. SMITH. I think it would be very valuable as a supplement to the report we have already had printed. Mr. HAYDEN. There is no doubt about the authority of the committee to have this data printed. Mr. SMITH. If we have sufficient appropriation for the purpose, the clerk will please send it to the Printing Office to lie printed in the manner indicated by Mr. Hayden. STATEMENT OF MB. ELMER W. HEALD, REPRESENTING THE AMERICAN LEGION OF THE STATE OF CALIFORNIA. Mr. HKALD. I desire to state very briefly that the American Legion of the State of California, and. also the National American Legion, are in favor of the Swing bill. We desire to see this legislation passed, because it will make possible the reclamation of about 4iV2.00M acres of Government lands which can be made available for soldier settlement. This bill in that respect is directly in line with the policy of the Federal Government, because in I'.tl!) the United 204 DEVELOPMENT OF LOWER COLOEADO RIVER BASIX. Suites Government appropriated $110,000 for the purpose of making a survey of all Government land to find possible locations for soldier-settlement schemes. This money was turned over to the United States Reclamation Service, and was used by them in making this survey. That survey showed that the largest contiguous body of Federal land still unentered was in the lower Colorado River Basin. This will make possible soldier settlement for a large number of ex-service men. This bill provides preferential settlement rights for ex-service men, in direct line with the policy of the United States Government, as set forth in the reclamation act and as recommended by Secretary Fall. I want to submit for the record some resolutions indorsing the Swing bill. There is one other reason why the American Legion is vitally interested in the Swing bill : You probably know that the only successful soldier-settlement plan in operation today is in the Imperial Valley. This plan was put into operation entirely by the American Legion, and we have there now about 200 ex-service men. Judge Swing showed me a clipping from a paper showing that a large number of ex- service men, who are now receiving vocational training, are making application for land under their scheme now in operation in the Imperial Valley. I will tell you briefly what that scheme is under which the American Legion is help- ing ex-service men to procure farms : The ex-service men who are receiving vocational training under the Veterans' Welfare Bureau locate on a piece of land, and they do not have to pay anything for three years. The owner of the land is protected, because it is obligatory upon the trainees to plant crops of a permanent character and the land is in this way greatly benefited and improved. After three years he starts to paying on the purchase price. Mr. SMITH. Does he pay interest during the first three years? Mr. HEALD. No, sir. Mr. BARBOUR. What is the rate of interest? Mr. HEALD. The rate of interest is all the way from 5* to 7 per cent. At the end of three years he starts to paying on the purchase price. The legion works out a budget for the man in which a certain per cent of the receipts obtained from crops grown on the land is paid to the land owner on the purchase price ; practically all over and above the cost of operating the farm is paid over to the land owner on he purchase price. He has 30 years in which to purchase the land. These men are interested in the Swing bill for two reasons: First, it is hard for them to get credit at the present time, as has been explained here time and time again by members of the southern California delegation, and testi- fied to before the committee, that it is impossible to borrow money because of the flood situation, and bankers are refusing to loan money any longer except at a very exorbitant rate of interest. Consequently, these men are desirous of seeing that condition changed so that they can secure loans on their farms. At the hearings in 1919 before this committee the farm loan bank, through Mr. Joyce, made a statement that they could not lend any money in the Im- perial Valley because of the flood situation, the insecurity of the Imperial Valley made it impossible for the farm loan banks to let out any money ; it was too great a risk. Mr. SWING. And because their water system was in Mexico. Mr. HEALD. And because their water system was in Mexico. I have a letter here which Mr. Joyce wrote to Mr. B. D. Irvine, in which he makes the state- ment that if this legislation is passed it will solve the financial problem of the Imperial Valley, so far as the Federal loan bank is concerned, and I want to submit this to be included in the record also. Mr. SWING. I ask also that this resolution be made a part of the testimony. Mr. SMITH. If there is no objection, that will be done. (The letter and resolution referred to are as follows:) TREASURY DEPARTMENT. Wailiinr/ton, May 16, 1M2. Mr. B. D. IRVINE. DEAR SIR: Pursuant to our conversation to-day. I desire to assure you I am heartily in favor of S. 3fftl, the bill recently introduced by Senator Johnson, of California. If enacted into a law. the provision of this bill will, in my opinion, solve the major problems of the Imperial Valley, which are to my mind the ques- tions of adequate, dependable water supply and the flood menace. It goes without saying, that when these two problems are solved, general credit individually and collectively would be enhanced. In my opinion, the DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 205 enhancement of this credit will tend to lower interest rates, and to render the financing of district improvements, such as drainage, etc., comparatively easy, and under more favorable conditions than have prevailed in the past. As you are aware, I am somewhat acquainted with the general conditions of the Imperial Valley, and I should be glad indeed to render any assistance of which I am capable in promoting its welfare and future development. You are at liberty to call upon me any time I can be of assistance in advancing the interests of Imperial Valley. Yours very truly, W. H. JOYCE, Member Farm Loan Board. The following resolution was adopted by the Imperial County Interpost Council, American Legion, Department of California, in special session as- sembled at El Centro, Calif., December 10, 1921, to be presented to Secretary Fall at conference called by him in San Diego, December 12, 1921 : We recommend : (1) The immediate construction by the Government of the Boulder Canyon Dam and the ail-American canal at Government expense and same to remain under Government control. (2) That the Government supervise the distribution of all power rights and privileges. (3) That ex-service men and women of the Nation be given a preferential filing right to all arid or agricultural land under this project for a period of at least 90 days. (4) Owing to the fertility of the land within this project and the consequent intrinsic value thereof when properly reclaimed from their desert state, that disposition of such lands be made in areas of an average of 40 acres to one applicant or entryman. (5) That filings on these lands shall be nonassignable for a period of at least 12 months from date of entry. (6) that such applications to enter as now exist and which have not been allowed, upon lands heretofore withdrawn, or which may hereafter be withdrawn from entry by the Government Tinder this project be canceled. (7) That the Secretary of the Interior be empowered to cooperate and con- tract with such authorized State agencies as may be in position to assist in the reclamation and irrigation of public arid lands and to dispose of portions of such public lands to such State agencies, conditioned upon their assisting ex-service men and women in the reclamation thereof in tracts not exceeding an average of 40 acres to any one person. BRAWLEY, CALIF., June 20, 1922. ELMER W. HEAD, Congress Hall, Washington, D. C.: Executive committee approved proposition ; will wire indorsement, sending resolutions to all posts; State organization of auxiliary also indorsed; details of meeting in letter following. C. E. NICE. RESOLUTION NO. 12, OF THE AMERICAN T.ECION. DEPARTMENT OF CALIFORNIA. Whereas the American Legion, Department of California, has heretofore in its conventions assembled indorsed and recommended the construction of storage and diversion works in the lower Colorado River for the purpose of reclaiming lands to be available for settlement by veterans; and Whereas it appears that financial assistance from the Federal Government for this purpose can not be obtained within a reasonable period of time; and Whereas it appears that approximately three hundred thousand acres of valuable Government land in Imperial, Coachella and adjoining valleys can be reclaimed by the construction of what is known as Boulder Creek Dam, the raising La gun a Dam approximately 15 feet, and proper system of diversion ; and 1316 22 PT 4 2 206 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. Whereas it appears that such works when constructed will provide facilities for the development of electric power .sufficient to pay the whole cost thereof: Now. therefore, be it by the American Legion, Department of California, in convention That we go on record as favoring the construction of Boulder Creek Dam in the Colorado River, the raising of Laguna Dam and the construction of proper means of diversion under such contacts and agreements with private corporate interests as will make available the waters for reclamation of said lands without cost to the lands, except possibly for diversion, and conditioned upon said Government lands being made available for veteran settlement : and we further recommend the granting of fifty thousand acres of said lands without cost to the veterans' welfare board of this State, for land settlement under the provisions of the State law, in the event said board shall make application for the same. We direct that copies of this resolution be properly authenticated and for- warded to the proper authorities from which permission or concession must be obtained to carry out the objects proposed. Mr. HEALD. The second reason why ex-service men are interested in this hill is because it provides for flood control and protection and sets forth a unified, comprehensive plan for the development of the Colorado River by the United States Government. The Swing bill, if enacted into law. will provide water for 452,000 acres of very rich land available for ex-service men, which land now, without W 7 ater, is worthless. I would also like to have it appear in the record that the citizens of Imperial Valley have been represented here as a unit by three delegates. I make that statement because it was stated by Senator Phipps that the citizens of Imperial Valley as a unit have not been represented before this committee. I represent not only the American Legion, but also the people of Imperial Valley. Mr. B ARBOUR. You reside in the valley? Mr. HEALD. I reside in the valley and have resided there since my discharge from the United States Army. Mr. BABBOUK. At what place? Mr. HEALD. Calipatria. Mr. SWING. It has been stated recently that 100,000 ex-service men have ap- plied to the Government, to Secretary Fall, for opportunities to secure farm homes. Is that true? Mr. HEALD. Yes; that is true, and I would like to have this Included in the record, also a statement in an Associated Press report, quoting Secertary Fall on the number of applications to the Interior Department for homes by ex-service men. (The statement referred to is as follows:) "FLOODS OF OTHEB INQUIRIES SECRETARY GIVES FIGURES DISCLOSING NATION- WIDE HUNGER OF EX-SERVICE MEN TO GET BACK ON FARMS. [By the Associated Press.] "Evidence of the desire of former service men to go back to the farm is con- stantly reaching the Interior Department, Secretary Fall announced yesterday, adding that more than 100,000 such applications have been received for employ- ment in development of land. "In addition, inquiries concerning available land are coming in by the hun- dreds of thousands, the Secretary continued. " ' The correspondence is largely Irom farm-trained men who are not appealing for a gratuity,' he said, ' but are seeking an opportunity to acquire a home in the land by utilizing their labor and experience.' " ARE EXPERIENCED MEN. " ' It is significant that the bulk of these inquiries generally come from States wherein prices of agricultural land have reached such heights that opportuni- ties for men with small capital to acquire a home are extremely limited. " 'Among these States Illinois ranks first with 18.600 inquiries and applica- tions for land. Farm land prices in this State average among the highest in the Union.' DEVELOPMENT OF LOWER COLORADO RIVER BASIN. 207 " COME FKOM EAST AND WEST. " ' Conditions are much the same in Indiana, Ohio, Iowa, Missouri, Kansas, and Nebraska, where land hunger on the part of the war veterans is shown by 45,620 inquiries received. Of these, 26,900 made application for work in order to secure a home. " ' The arid and semiarid States show up with a total of 61,340 former service men interested in home making on the land. The Southern States are repre- sented by 27,780 and the Eastern States, including Pennsylvania, by 25,900. In the Northern States of Michigan. Wisconsin, Minnesota, and the Dakotas there are 14,460 veterans who have indicated a desire to obtain a farm home.' "OFFERED ONLY 490 FARMS. " The Reclamation Service, Secretary Fall said, during the past two years has been able to offer former soldiers only 490 farms, although 50,000 inquiries were received and 7,480 former service men formally applied for farms. " In none of these cases, he added, could the Government offer financial assist- ance, and the successful applicants were required to put up from $3.50 to $5 an acre and an annual charge of upward of $1 an acre." Mr. Swrxo. Mr. Raege of the national legislative bureau of the American Legion started from his office to be here to testify in behalf of this bill, but something has happened and he has not arrived. Mr. HEALD. I would like to have permission to get a written statement from Mr. Raege and file it with my statement. Mr. SMITH. If there is no objection you may do so. ( The statement referred to is as follows : ) Mr. ELMER W. HEALD, American Legion, Department of California, Washington, D. C. DEAR MR. HEALD: In compliance with your request I am submitting the fol- lowing statement on behalf of the national headquarters of the American Legion. I am John Thomas Taylor, vice chairman of the national legislative committee of the American Legion, with offices at 530-536 Woodward Building, Washing- ton, D. C. The national organization urges favorable consideration of H. R. 11449, a bill to authorize the erection of a dam across the Colorado River for the purpose of irrigating what is called the Imperial Valley in the southern part of California and lands in Arizona. At the last department convention of the American Legion the following reso- lution was unanimously adopted : " Whereas the American Legion, department of California, has heretofore in its conventions assembled indorsed and recommended the construction of storage and diversion works in the lower Colorado River for the purpose of re- claiming lands to be available for settlement by veterans; and " Whereas, it appears that financial assistance from the Federal Government for this purpose can not be obtained within a reasonable period of time; and "Whereas, it appears that approximately three hundred thousand acres of valuable Government land in Imperial, Coachella, and adjoining valleys can be reclaimed by the construction of what is known as Boulder Creek Dam, the rais- ing of Laguna Dam approximately fifteen feet, and proper system of diversion : and " Whereas, it appears that, such works when constructed will provide facili- ties for the development of electric power sufficient to pay the whole cost thereof: Now, therefore, be it " Resolved by the American Legion, Department of California,, in convention assembled. That we go on record as favoring the construction of Boulder Creek Dam in the Colorado River, the raising of Laguna Dam, and the construction of proper means of diversion under such contracts and agreements with private corporate interests as will make available the waters for reclamation of said lands without cost to the lands, except possibly for diversion, and conditioned upon said Government lands being made available for veteran settlement: and we further recommend the granting of fifty thousand acres of said lands without cost to the Veteran's Welfare Board of this State, for land settlement under the provisions of the State law, in the event said board shall make ap- plication for the same. 208 DEVELOPMENT OF LOWER COLORADO RIVER BASIN. " We direct that copies of this resolution he properly authenticated and for- warded to the proper authorities from which permission or concession must be obtained to carry out the objects proposed." At the tirst national convention of the American Legion, held at Minne- apolis, Minn., on November 11, 1919, it was resolved that the American Legion urge that " 1. Reclamation of unproductive lands by direct Government operation for settlement by service men and women ; " 2. That the administration of the same be decentralized : " 3. That no heavy financial restrictions be imposed ; and further, " 4. That the right of eminent domain be incorporated to prevent speculation." The American Legion, therefore, urges that the Committee on Irrigation of Arid Lands, having received favorable reports upon this project from both the Secretary of Commerce and the Secretary of the Interior, report this bill favorably to the House with the end in view that eventually ex-service men and women may have an opportunity to settle upon this vast acreage in southern California which has been so aptly described as the " Garden spot of the West." (Thereupon, at 11.45 o'clock a. m., the committee adjourned to meet again at the call of the chairman.) INDEX. PARTS 1, 2, 3, AND 4. Bacon, Mr. John L.. mayor of San Diego, Calif. : League of California Municipalities 73 Changes in Colorado River bed 75 Cost of maintaining levees 77 American and Mexican interests 79 Sundry resolutions 81 Crisswell, Mr. Ralph, president city council, Los Angeles, Calif. : Hydroelectric power 100 City will take all power left after other cities have been supplied 101 Power should be allocated by the Government 103 Carr, Mr. W. J., Representative of Pasadena, Calif. : Price of power 114 Government control of power 116 Durand, Prof. \V. P.. Stanford University, California : Financial reimbursement 63 Power shortage 64 Demand for power ; 67 Conserving the oil supply 68 Government the only agent to develop power 69 Oil supply of the United States 70 Davis, Hon. Arthur P., Director of the Reclamation Service : Report on problems of the Imperial Valley 20 Drainage basin of the Colorado River 21 Boulder Canyon and other reservoirs 23 Cost of Boulder Canyon Dam 29 Power receipts will pay for the dam 30 Reservoir will control the hazard of the river 32 Additional irrigation area 34 Decision of United States Supreme Court, Wyoming v. Colorado 36 Evans, Mr. S. C.. mayor of Riverside, Calif. : Flood conditions Palo Verd Valley 110 Reimbursing the Government 112 Cooperation and use of power 114 Hoover, Hon. Herbert C., Secretary of Commerce: The Colorado River Commission 52 Development of power 55 Agriculture given priority 56 Immediate need of power 59 The Government will recover the money invested 61 Heald, Mr. Elmer, representative California American Legion : Attitude of the American Legion 203 H. R. 11449 carries preference right for veterans 204 World War veterans seeking land 206 Resolutions American Legion, Department of California 207 Hoodenpyl, Mr. George, city attorney, Long Beach, Calif. : Boulder Canyon Dam necessary to protect Imperial Valley 105 Federal Government should not make profit from power 107 Allocation of water rights and power 109 Nicholson, Hon. Samuel D. : United States Senator from Colorado : Protecting Colorado's rights 195 Denver's water supply 196 209 210 DEVELOPMENT OF LOWER COLOEADO RIVER BASIX. Nickerson, Mr. J. S., president Imperial Valley Irrigation Board : Page. Valley statistics 123 Irrigation costs in valley and Mexico 123 Water shortage 126 Want of flood protection destroys credit 127 Money spent in Mexico 132 Comparison of costs 139 Sundry agreements 140 Emergency conditions 154 Phipps, Hon. Lawrence C., United States Senator for Colorado : Colorado River Commission 191 Hydroelectric power 192 Competition 193 Denver's interest 193 Other dams and reservoirs 194 Swing, Hon. Phil D., Member of Congress, eleventh California district : H. R. 11449 1 Report of Secretary of the Interior 4 Difficulty of operating across international boundary 7 Menace to Imperial Valley 10 Boulder Canyon Dam and Reservoir 15 Investigation of the project by the Government 19 Discussion of general conditions 20 Silver, Mr. Gray, Washington representative American Farm Bureau Federation : Electricity on the farm 121 Applied to moving trains 122 Vaile. Hon. William N.. Member of Congress first Colorado district : Compact between States 197 Appropriation of water to beneficial use 197 Watson, Mr. Edgar, legislative representative American Federation of Labor, " The Colorado." Walker, Dr. W. H., president California Farm Bureau Federation: Protection from overflow 117 Competition in production 119 Yager, Mr. Thomas C., attorney for Coachella Valley Water I'srrs Asso- ciation : Protection from floods 199 Development of additional areas 200 Southern California a unit for H. R. 11499 201 University of California SOUTHERN REGIONAL LIBRARY FACILITY Return this material to the library from which it was borrowed. RFC'D A 000099011 9