It seems to me in view of the very necessary demands that are apparent in the lower basin, that it is evident to anyone that some measure for flood control should be given to the lower basin.

I have been impressed with and want to emphasize a trifle further the suggestion contained in Mr. Carpenter's statement with reference to the maintenance and strengthening of the levees for that purpose until such time as a proper development upon the Colorado River is had, rendering further and greater protection to those interests. This is in large measure humanitarian, and I believe that all people believe in that. And I believe that some Federal help should be given to those interests in the lower river toward the maintenance and strengthening of those levees until such time as the same is as reasonably well or fully protected by more complete development of the river. At the same time I do not believe that any obstruction should be authorized or placed in the river which will slow down or equate the flow of the river and thereby jeopardize the water rights of the upper States until such time as the rights of the upper States to development have been fully protected. I shall not attempt to go into the question of the reasons why the upper States will be slower in development than the lower States, for that matter has been thoroughly covered.

It seems to me, and I merely add this by way of emphasis, that it is apparent the States of the northern basin are fully aware of these dangers to the southland. The very fact that the upper States in which these waters principally rise have seen fit to adopt promptly the seven-State compact without reservation or condition, and the further fact that when there appeared difficulty with reference to the seven-State compact that those upper States also promptly adopted what is usually termed the six-State compact-which, however, is not a six-State compact, but a seven-State compact, wherein provision is made that upon the adoption of same by six States and that being O. K'd by the Congress, the same shall become operative so far as the six States are concerned-I say, it shows further interest in these problems of the southland. And when such settlement or attempted adjustment of these matters has been so promptly ratified by the Northern States, it seems that that should be considered, a tendency at least to the belief that there was no desire upon their part to in any way interfere with the further development of the lower river.

There is another matter that is extremely important to the upper States, and that has already been touched upon in the hearing that I think should be further emphasized by just a word: Dangers which the upper States are placed in by reason of the power conferred upon the Federal Power Commission. It has only been a few short weeks since all seven of the Colorado River States, were compelled to journey to Washington, with their various representatives, to protest the granting of a permit for the construction of a private enterprise upon the Colorado River, which two of the States deemed objectionable, and which was particularly objectionable to Colorado because of the fact if the same had been constructed it would have endangered the rights of the future development of the upper States. I am informed that there is a resolution already prepared, or at least in contemplation, calling upon the Con

gress to pass an act preventing the Federal Power Commission from granting a permit for further development upon the Colorado River until such time as the rights of the States shall have been determined by compact, or at least definitely determined. I think that is an extremely important matter and should receive very serious. consideration.

Senator ODDIE. Mr. Chairman, may I make a comment right at this point?

The CHAIRMAN. Certainly.

Senator ODDIE. I think it apropos in connection with what Mr. Boatright has just said, to state that the Senate Committee on Public Lands and Surveys favorably approved the resolution to which he referred at a meeting on yesterday, and that that joint resolution is now on the calendar of the Senate for action.

Mr. BOATRIGHT. I thank you, Senator Oddie.

Senator PITTMAN. I did not catch what you said, Mr. Boatright. Did you have the impression that the joint resolution simply provided for the introduction of a bill some time subsequently?

Mr. BOATRIGHT. I had understood that the bill was already introduced, but I have not seen it. I was not in a position to speak on it with more definiteness.

Senator PITTMAN. It is Senate Joint Resolution No. 4, which was introduced by me, and it has all the force and effect of an act when passed. I might say, Mr. Boatright, that a joint resolution of Congress, requiring passage by both House and approval by the President, has all of the effect of an act. It is simply a method that is generally used, instead of a bill, for the purpose we might say of temporary action. This joint resolution simply proposes to suspend jurisdiction of the Federal Power Commission over the Colorado River and its tributaries for a reasonable period of time, which I have taken the liberty of fixing as the 1st day of February, 1928, with the proviso, however, that such suspension may be relieved at any time the President of the United States by proclamation shall state that a sufficient agreement has been reached as between the several States under the compact.

Mr. BOATRIGHT. I thank you, very much.

Senator JONES of Washington. In connection with that, Senator Oddie, I do not understand how the Committee on Public Lands and Surveys got jurisdiction over that resolution.

Senator PITTMAN, I feel that I should answer the suggestion of the Senator. If he will recollect, at the time the Federal power act was formed it was framed in both Houses by joint subcommittees of the Committee on Public Lands and Surveys and the Committee on Commerce. The two committees were involved under the theory that the Commerce Committee deals with navigation, and that the power commission, through the control of navigable rivers has such power, but that in the Western States in connection with rivers such as the Colorado the commission finds its power only in the control of public lands.

Senator JONES of Washington. You are right, Senator Pittman. I had overlooked that fact. But in view of the situation it seems to me it might be well to have this joint resolution considered by the Commerce Committee also.

Senator PITTMAN. Of course, if that committee feels that they want to consider it, why, naturally, Senator Jones, I have no objection.

Senator JONES of Washington. I am not sure that they do wish to consider it. I do not know about that, because I did not know that the resolution had been introduced.

The CHAIRMAN. Did you conclude your statement, Mr. Boatright?

Mr. BOATRIGHT. The final statement which I desired to make is that in view of the fact the State of Colorado unreservedly adopted the seven-State compact and that it is now a part of the laws of the State of Colorado, until repealed, necessarily impels to the belief that that is the desire of the people of the State as a whole. However, the fact that the Legislature of Colorado also adopted the sixState (so-called) compact, impels me also to the belief that in event the seven-State compact is impossible, then the six-State compact would be acceptable to the State of Colorado. Only, however, in event of unconditional ratification by the six States, and only upon the also unconditional ratification of Congress, because we fear, and we think we have ground to fear, that a conditional ratification either by one of the States, as, for instance, California, or by the Congress, would jeopardize the rights which are intended to be protected by the six-State compact, and which are not, as has been stated, fully satisfactory, but are the secondary trench so to speak to which Colorado is willing to retreat in order that the lower States may have the protection which humanity concedes is very urgent.

That, Mr. Chairman and gentlemen of the committee, together with the conclusions and recommendations included in Mr. Carpenter's statement, I think covers what I desired to say to this committee and I will not take any further of your time.

Senator JOHNSON. Do you approve the joint resolution as presented by Senator Pittman?

Mr. BOATRIGHT. In substance, as it has been stated to me; yes. Of course, I have not had an opportunity of reading it and making a study of it.

Senator JOHNSON. You have no doubt of the power of the Congress to do just what that joint resolution attempts to do, have you? Mr. BOATRIGHT. I should say I have not at this moment. I have not made an analysis of the joint resolution, but as it appears to me on first blush, I should say the Congress has power to place restrictions upon the Federal Power Commission. The Federal Power Commission being a creature of the Congress, it seems to me that they could later by restrictions restrict the action or conduct of that commission. At first blush, I just say that.

Senator PITTMAN. Mr. Chairman, in order that the members of this committee may have before them the terms of the joint resolution I should like, without reading the reciting clauses, to read it. The CHAIRMAN. It may be placed in the record:

Senator PITTMAN. It is short. May I read, for the information of this witness, what it contains?

The CHAIRMAN. Very well.

Senator PITTMAN. It is as follows:

[Senate Joint Resolution 4]

To suspend until February 1, 1928, the jurisdiction, power, and authority of the Federal Power Commission to issue licenses on the Colorado River and its tributaries under the Federal water power act, approved June 10, 1920

Whereas the Federal Power Commission on October 28, 1925, passed a resolution wherein it is announced that 24 applications for licenses for the use of the waters of the Colorado River and its tributaries for power purposes are pending before the commission; and

Whereas at said time it adopted the following resolution, to wit:

"Whereas at a hearing before the Federal Power Commission in Washington on October 20 and 21, 1925, on the application of James B. Girand for a power license (project No. 121) there appeared the governors, Congressmen, and other official representatives of the seven States through which the Colorado River and its tributaries flow; and

"Whereas these representatives opposed the issue of the license on the ground, among others, that any reservoir erected in the river at the present time might in some degree affect the water rights of each of the seven States, and it was represented that the States had not as yet reached any conclusion as to the negotiations of settlement of their respective rights as between themselves; and

"Whereas some 23 other applications for license for use of the waters of the Colorado and of its tributaries are pending before the Federal Power Commission, a list of which is hereto attached, and it seems, therefore, that a definite expression is called for as to the temporary Government policy covering all these applications:

"Resolved, That action on all applications for power licenses on the Colorado River and its tributaries now pending before this commission and not finally acted upon, including the Girand application, is hereby suspended for a reasonable time; and

"That constructive governmental policy requires that the States affected should, and they are hereby earnestly urged to, reach as speedily as possible an agreement among themselves for the division of the waters of the river system, all to the end that thereupon development may proceed unchallenged upon interstate grounds:" and

Whereas the Congress of the United States on August 12, 1921, passed the act providing for a compact between the States in the Colorado River Basin, namely, Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming, to which the Federal Government is to be a party, providing for the division and distribution of the waters of the Colorado River and its tributaries as between said States, and the use and benefits thereof, and the adoption of a plan of development for the entire river looking to the highest utilization of its waters; and

Whereas said compact has been ratified by five of said States, conditionally ratified by the State of California, and not yet ratified by the State of Arizona; and

Whereas it will be necessary that the Legislature of Arizona be assembled before said compact can be ratified by said State, and it may be necessary for the Legislature of the State of California and the other States interested to be assembled before a complete ratification can be had; and

Whereas action by the Federal Power Commission relative to the granting of licenses upon the Colorado River or its tributaries pending final action by said States upon said compact would embarrass the consummation of the plan anticipated in said compact and endanger the consummation of a national policy for the coordinated development of the entire river and its tributaries and the highest use of its waters: Therefore be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the jurisdiction, power, and authority of the Federal Power Commission to issue licenses for the purpose of constructing, operating, and maintaining dams or reservoirs on the Colorado River and its tributaries, or granting licenses for water conduits, transmission lines, or other project works necessary or convenient for the development and improvement of navigation on said river and its tributaries, or for the development, transmission, and utilization of power across, along, from, or in said Colorado River and its tributaries, or upon any part of the public lands and reservations of the United States abutting upon said river or its tributaries, or for the purpose of utilizing the surplus water power from any dam proposed

to be built upon said river or its tributaries, is hereby suspended until February 1, 1928: Provided, That the President of the United States may, by public proclamation, at an earlier date terminate such suspension when in his opinion a satisfactory agreement has been reached between said States.

The CHAIRMAN. Any further questions?

Senator JOHNSON. I should like to ask a question or two.

The CHAIRMAN. All right, Senator Johnson.

Senator JOHNSON. Under that resolution it would be impossible for any adverse interest to acquire, or for that matter for any person, to acquire, an adverse interest in the lower Colorado?

Mr. BOATRIGHT. No; I would not say that. I think further development of lands and placing to beneficial use of this water pending settlement of this question would undoubtedly lead to a claim of prior rights.

Senator JOHNSON. You think this resolution of no consequence, then?

Mr. BOATRIGHT. No; I think it would be of great consequence, because it would prevent the Federal Power Commission from considering the granting of a permit for any further development of the Colorado River until this matter is settled. But both the lower States and the upper States-the upper States being subject to the development of the lower States, and even old Mexico, and the lower States being subject to development in old Mexico-are all subject. to any action here, in a sense. And what I mean by saying "in a sense" is that as to the rights of old Mexico they are not established by treaties or contract rights, but are subject to what has been stated here as comity, which is, when they come up for settlement, would likely cause the United States to recognize future rights in old Mexico.

The CHAIRMAN. Any further questions, gentlemen of the committee?

Senator SHORTRIDGE. General, as I understood your statement, it is that as of now there is no question as to the validity of the ratification by the Legislature of Colorado of the so-called, for brevity, six-State compact?

Mr. BOATRIGHT. Oh, I think not, Senator Shortridge. That is a law upon the statute books of the State, and I have not the slightest doubt but what it is unquestionably tenable as a statute and act of the State.

Senator SHORTRIDGE. And expressing no opinion upon the subject but merely to get your opinion, if you care to express one, the second or later ratification is not an implied repeal or amendment of the first ratification by your legislature?

Mr. BOATRIGHT. I think not. The latter ratification, Senator Shortridge, is a ratification of the seven-State compact as I understand it, with a provision that the compact may become valid and existing upon ratification by six States, and also upon approval by Congress; but it is the same compact as was ratified in the usually termed seven-State compact, as I understand it.

Senator SHORTRIDGE. In other words, the Legislature of Colorado has dealt with one original seven-State compact, making it applicable to the six States, and in the way that you have explained it. Mr. BOATRIGHT. That is the way I understand it.

The CHAIRMAN. Anything else?