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acres of land to an attitude of mind that rejects the right of Mexico to any water. Now, there you are! That, we all agree on. But, gentlemen, I want to add to that another reason why you can't settle this thing any too quickly. If the compact is adopted, Mexico gets 10,000,000 acre-feet of water a year to irrigate 2,000,000 acres of land, and Arizona gets 300,000 acres irrigated. Now, I am not going to undertake to go into the details of that proposition to-day. It is impossible. I have only got 10 minutes more, and I haven't wasted any of my time in making these statements of these proposi- : tions if I can impress you gentlemen with the fact that there is something to talk about in connection with these points.

Now, I expect to be in Washington all the session, and I am like the poor, you have me always with you. I will be delighted to come before you at any future time on that subject.

Added to the proposition that if the dam goes through-the compact goes through without any reference to what dam it is Mexico gets the water. If the Boulder Canyon Dam is built, Mexico gets the water., and there isn't any human power on earth or in the universe that can change that result.

Now, if I have got to prove that I want half an hour, and I can not do it to-day. I have been proving it to the people of Arizona from every platform in this State, pretty nearly, for three years now, and nobody who ever heard the facts will deny the proposition that if the Boulder Canyon Dam is built Mexico gets the water. And the very simple reason is we can not repeal the law of gravity, and that is all there is to it.

Now, gentlemen, I am coming back to the flood-control proposition. We have a tremendous amount of public opinion built up around the Boulder Canyon Dam. There isn't one single thing, except that the water won't go to Mexico, that can not be done with the Bridge Canyon Dam for the benefit of the Imperial Valley, and for the benefit of the Yuma project, for the benefit of the Palo Verde Valley, for the benefit of the Chemehuevis country-for the benefit of all of southern California and the coast country-be done just as well and better if you simply drop Boulder Canyon and adopt bridge. And you don't even need to change the name. If, in order to save the faces of the people who have been hollering for the Boulder Canyon Dam, it is necessary we will accept the name, call the Bridge Canyon Dam the Boulder Canyon Dam.

Now, Senators, I believe I have six minutes more.
The CHAIRMAN. I will watch that. You go right along.

Mr. MAXWELL. Well, I never like to be cut off short. I want to do my own tapering.

The point is here, the Boulder Canyon Dam has been abandoned and they have gone down to the Black Canyon Dam, and to save their faces they still call it the Boulder Canyon Dam. Now, I say, let's forget the Boulder Canyon Dam and forget the Black Canyon Dam and take the Bridge Canyon Dam and call it anything you please.

Now, if you take the Bridge Canyon Dam, all in the world you have got to do is to say “What we are going to do at Bridge Canyon is to build a flood-control dam that will create absolutely no right in the river whatever for reclamation or power; none whatever. Nobody will get a right under it for reclamation or power.”

The upstream States can hardly take the position that we are debarred from protecting a section like the Imperial Valley from destruction unless we accept certain conditions which we want time to talk about. There never was a proposition as big as this in the history of the world, gentlemen, that didn't require time for negotiation. Now, you don't need that time for a flood-control dam.

One of the Senators asked how long it would take to fill it up.

Senator DILL. I had in mind-you spoke of Mojave the other day. You spoke of the small dam. That is what I had in mind.

Mr. MAXWELL. Well, at 10,000,000 acre-feet, which was the third height Mr. La Rue gave, it would take 10 years. At Bridge Canyon, if it were built up to the height that Mr. La Rue says ought to be built immediately, without reference to the future high dam, it would take 20 years. In other words, all you have got to do, if you want to know how long it will take the Colorado River to fill a dam or reservoir, is to divide the capacity by 100,000, because the Colorado River deposits in its channel and below 100,000 acre-feet a year. Therefore, if you start with Bridge Canyon as a flood-control damnothing else--and let it stay there until we have settled our case with the upper States, and settled our case with California and Nevada, it would fill up at the rate of a hundred thousand acre-feet a year, and there isn't anything in the world that could happen to the Bridge Canyon Dam site and to fill up level with the dam at 2,000 feet.

Senator Dill. How long would it take to fill up the Bridge Canyon Dam?

Mr. MAXWELL. Less time than it would to fill up the Boulder Canyon or the Black Canyon.

The Bridge Canyon Dam, except for temporary use, is not a storage dam. It can be used temporarily to store water for power. But while you are filling the Bridge Canyon storage capacity with silt, you ought to be gradually building the Glen Canyon Dam, so that as the country develops, and you need more storage capacity, you have got it above just as we have got it in the Roosevelt Reservoir.

The Bridge Canyon Dam, if it were to be built--and let me impress this upon you gentlemen, please I want to leave this thought in your minds: We stand upon the La Rue report in regard to the Bridge Canyon Dam. He does not advocate that the Bridge Canyon Dam should be built to-day up to this level that would take water to Los Angeles by gravity or take it out into this country by gravity. All that he recommends is that the site be reserved to a point high enough to eventually put that extra height on and use it for both of those purposes. In the meantime a dam 556 feet high, which is lower than the proposed Black Canyon Dam, will serve temporarily all the purposes of the Black Canyon Dam, and if you will write “Bridge Canyon," instead of " Boulder Canyon," into the SwingJohnson bill we would all be for it.

Senator ODDIE. Mr. Maxwell, will you tell us what the Le Rue report states about the proposed Boulder Canyon Dam?

Mr. MAXWELL. The La Rue report entirely eliminates the Boulder Canyon Dam.

Senator ODDIE. Does the La Rue report state that the Boulder Canyon Dam is practical—that it is a good site and a practical dam? Mr. MAXWELL. No. Senator ODDIE, Are you not mistaken in that? Mr. MAXWELL. Well, Mr. La Rue in formulating this report, Senator, was evidently in a very diplomatic frame of mind. He sets forth with great fairness the details of the Boulder Canyon sitethe disadvantages of the Boulder Canyon site as compared with dams for other purposes.

The CHAIRMAN. Let me advise you, Mr. Maxwell, we are familiar with it and have that document before us. It will speak for itself, of course. You have just 1 minute and 20 seconds left.

Senator Dill. I wanted to make one suggestion. On your own statement as to the Bridge Canyon Dam, at the end of 20 years at the most this investment would be a dead loss.

Mr. MAXWELL. No, indeed.
Senator Dill. Why not?

Mr. MAXWELL. It would furnish the extreme purpose that the dam is needed for, and it is needed for none other after the Glen Canyon Dam is built. It is a diversion dam. The moment the Glen Canyon Dam is built the Bridge Canyon serves no purpose but a diversion dam.

Senator DILL. Oh, that was the Glen Canyon.
Mr. MAXWELL. Then you have to use it for all three purposes;

four purposes, in fact-silt deposit, power, reclamation

Senator ASHURST. And flood control.

Mr. MAXWELL. And flood control. It would have to be, just as they propose to use the Boulder Canyon Dam. I thank you, gentlemen, for your courtesy.

Mr. Chairman, may I correct an error in my statement ?

Mr. MaxwELL. It shows the advantage of having an engineer for a friend. Mr. Maddock calls my attention to the fact that it would take 200 years instead of 20 years for Bridge Canyon to fill up and 100 years for Mohave.

The CHAIRMAN. Hon. H. A. Davis. Senator, they have been a little stingy with your time. You have been allowed three minutes.



Mr. Davis. Mr. Chairman and gentlemen of the committee, I am going to take my three minutes to present to you Senate Joint Memorial No. 3 for the record, which is as follows:

Whereas a portion of the low-water flow of the Colorado River is now being put to use in the irrigation of lands in the Republic of Mexico, and there are large additional areas variously estimated both as to extent and as to feasibility which might be reclaimed through the use of the waters of the Colorado in the event that its flood waters were impounded and its floods thereby controlled ; and

Whereas it is essential to the preservation and protection of American homes, American property, and American lives that such flood waters be impounded and its floods controlled without unnecessary delay; and

Whereas in the event that such waters, or any portion of them, which may hereafter be impounded on American soil and by reason of such impounding may temporarily pass into the Republic of Mexico in a more or less regulated

flow, should be applied to a beneficial use on Mexican lands there might arise, in the absence of a definite declaration of policy with respect thereto, on the part of the United States, a certain moral claim to their continued use, and as a matter of international comity a recognition of such claim might seriously be considered ; and

Whereas it appears from authentic information and data that there is a sufficient amount of arid land within the United States susceptible of practical reclamation by means of the waters of the Colorado to utilize all of the waters of said river; and

Whereas to deprive these lands of such waters would be manifestly an act of injustice to the people of the United States, and particularly to the citizens of the States of the Colorado River Basin, and would constitute an irreparable economic loss to this country:

Wherefore your memorialist, the Seventh Legislature of the State of Arizona, prays that by appropriate legislative action on the part of the Congress of the United States, to be taken prior to or in connection with the enactment of any legislation providing for the development of the Colorado River, the policy and purpose of the United States be announced and declared of reserving for use within the boundaries of the United States of all waters of the Colorado River which may be stored or impounded within the United States, to the end that the Republic of Mexico, its citizens, and the owners of Mexican lands may have direct and timely notice and warning that the use of any such waters by them as may temporarily flow into Mexico shall establish no right, legal or moral, to their continued use; and

Your memorialist further prays that in any treaty, convention, or understanding between the United States of America and the Republic of Mexico which may hereafter be agreed upon or undertaken said policy be strictly and steadfastly adhered to.

And your memorialist will ever pray.

Mr. Chairman, if time had permitted, I should have liked to have enlarged upon the discussion that has taken place here, but under the circumstances I will not do so.

It is not difficult to interpret the informed opinion of Arizona in relation to Colorado River problems.

First and foremost, we are interested in the location, height, capacity, and purpose of integral construction for control of the river.

Before we are to commit ourselves to any pact or agreement as among the States we must be satisfied that actual, physical construction of dams to control the river will not nullify our share under such an agreement. Of what avail would one treaty or a dozen be if natural law subverts its provisions! Our position on Mexican uses of Colorado River waters is set forth in the declaration and prayer contained in senate joint memorial No. 3, passed at the recent session of the Arizona Legislature, a copy of which I respectfully offer for your record.

We stand for the use of the entire water flow of the Colorado River upon fruitful land within the boundaries of the United States, excepting only the reflow and seepage. Therefore we favor as many all-American canals as may be necessary in California, Arizona, or elsewhere to carry Colorado River waters to every possible acre in the basin within the boundaries of our Republic.

It has seemed strange to us that so many of our California neighbors insist that a high-type dam be built at Boulder Canyon, in view of the fact that such a construction would manifestly reduce the uses and acreage of possible development in Arizona. The wonder grows when this demand persists in the face of adverse facts presented in the recent La Rue report, with which you are doubtless familiar.

Col. William Kelley, chief engineer of the United States Federal Power Commission, has made this statement :

The need for more facts is the rather astounding conclusion one must reach from study of the data at hand. While hundreds of thousands of dollars have been expended on intensive investigation at Boulder and Black Canyons, the various dam sites between Boulder and Diamond Creek are untested, as is also the site at Mohave Canyon. Drilling at these sites and sufficient investigation and study to permit estimates of comparable accuracy to be made for each are necessary before a satisfactory conclusion can be reached.

Later, on page 346 of Transactions of the American Society of Engineers, I read from the same a'uthority the conclusion that the proposed high-type dam at Boulder Canyon should not be built, because it will curtail ultimate power development and irrigable area. We are led to the conclusion that construction of key works at Bridge Canyon will protect Arizona's future development, provide flood-water control, and serve California better than would any kind of construction at Boulder Canyon.

The Arizona altitude survey report by Gen. Frank Trott and Earl H. Parker contains this observation:

We are firmly of the opinion that the Bridge Canyon Dam site is the highest site available for irrigation in Arizona, and should the Boulder Canyon Dam be built to an elevation above 600 feet it would flood this site and all intervening sites, and might forever reduce the limit of productive lands in Arizona to a possible area of about 800,000 acres, and having this belief, with the information obtained on this survey and from other reliable sources, we feel it to be our duty to recommend that further investigations for a canal to be diverted from Spencer or Bridge Canyon be made, for if a canal can be feasibly constructed from either dam it will add two or more million acres of productive land to Arizona.

A map attached to the same report shows low-water elevations at various dam sits intervening between Diamond Creek and Boulder Canyon. The water-surface elevation at Boulder Canyon is 705 feet. The proposed high-type dam of 605 feet would elevate the water surface to 1,319 feet. Such a dam would cover Virgin Canyon Dam site with 520 feet of water. It would drown the Devil's Slide Dam site with 276 feet of water. It would cover the magnificent Spencer Canyon Dam site with 204 feet of standing water. It would back the water over the Bridge Canyon Dam site, now generally supposed to be the best diversion dam site on the entire river, to a depth of 103 feet. These stubborn facts can not be resisted or denied.

Every move to cooperate with other States which does not require renunciation of our present rights under declared law will meet a responsive chord in Arizona. Any move to coerce Arizona and strip her of opportunities for development will be met with the courageous opposition of a great people. Arizona will not be crucified on California's cross of necessity.

We want none of the waters of the Colorado River that northern basin States may put to beneficial use within the basin. Colonel Kelley (p. 307, Iransactions American Society of Civil Engineers) places this use at 5,000,000 acre-feet annually. We want every possible acre in Nevada, California, and Arizona to be reclaimed. We deny any right whatever to any of the waters of the Colorado River to Mexico, except the reflow and underground flow.

Arizona proposes within her own borders to carry on the work of reclamation along the lines approved by Theodore Roosevelt.

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