amount. The same is true with the Arrow Rock reservoir, the return flow is considerable from the banks.

Senator GOODING. You use the term "banks." Is not that rather misleading?

Mr. WEYMOUTH. I mean the sides.

Senator GOODING. The Deer Flat, that is a very flat country, and the reservoir was shallow and you do not have much banks. The only banks you have are at the head or mouth of the reservoir. Mr. WEYMOUTH. Yes, but there is considerable high area to the south.

Senator GOODING. And that land has all to be drained there; it comes back, back in the land itself, and not in the bank. On the Colorado River you have different country entirely than you have on the Deer Flat.

Mr. WEYMOUTH. Yes.

Senator GOODING. There you will have real banks.

Mr. WEYMOUTH. Yes.

Senator GOODING. With that formation you do not expect that condition to prevail.

Mr. WEYMOUTH. You could not water-log any land in the Colorado that would be valuable.

Senator GOODING. I mean, as far as the return flow from the banks. You spoke of that condition. It would not prevail on the Colorado River in the same way that you have described for the Deer Flat Reservoir.

Mr. WEYMOUTH. There would be a large return flow, I am satisfied, Senator.

Senator SHORTRIDGE. The Black Canyon Reservoir, it would cover a large country, I was referring to that.

Mr. WEYMOUTH. Yes, sir.

The CHAIRMAN. Representative Taylor is eager to ask some questions and return to the House.

Representative TAYLOR. Mr. Weymouth, just to reduce the stabilization of control of the flow, by reason of these dams, in common parlance, I want to ask you another question; your idea is, if we have sufficiently large dam capacity built, as you suggest, that we can absolutely control the flow of that stream below.

Mr. WEYMOUTH. Yes, sir.

Representative TAYLOR. And that we can select, if we want to. three months or whatever three or four months in each year, when we would absolutely dry up the people below, if we saw fit to do so. Mr. WEYMOUTH. Yes, if we thought it was wise policy. Representative TAYLOR. It is a physical possibility?

Mr. WEYMOUTH. Yes, sir.

Representative TAYLOR. You do not have any idea of closing up what they have now, but if they contemplate large uses in the future, we could regulate the flow of that stream and send it to the Gulf of Mexico and dry them up the other six months during the year if we saw fit.

Mr. WEYMOUTH. Yes, sir.

Representative TAYLOR. And select a different six months each

year.

Mr. WEYMOUTH. Yes, sir.

Representative TAYLOR. So that they could not, if we had sufficient capacity, they could not interfere with the flow of the water below? Mr. WEYMOUTH. No, sir.

Representative TAYLOR. That is your idea?

Mr. WEYMOUTH. That is my idea. They are doing it every year now, they are taking water. This year it amounted to sufficient water for 96,000 acres in the upper basin.

Representative TAYLOR. They are increasing, augumenting very largely their claims to appropriations all the time, as far as that is concerned.

Mr. WEYMOUTH. Yes, sir.

Senator ODDIE. Just in line with what was asked you a moment ago, Mr. Weymouth, in regard to the bank saturation equalization of the proposed Black Canyon dam site, in your opinion, would that reduce the loss that Mr. La Rue said would come from evaporation in the reservoir?

Mr. WEYMOUTH. Well, there would be evaporation in any reservoir that is built, proportional with the surface area, wherever it is. Evaporation is more down in the Mohave area than further upstream but what harm is it to let a little water evaporate? It is better to do that than to let many times that much run down to the

ocean.

Senator ODDIE. I am speaking of the amount lost by evaporation in case of the ultimate development of the river. Do you believe that the amount of the evaporation that has been given us by Mr. La Rue in the case of the proposed Black Canyon Reservoir, will be cut down to any extent by this bank saturation?

Mr. WEYMOUTH. Yes, sir.

Senator ASHURST. Mr. La Rue in his plan of ultimate development proposes a storage dam at Glen of 8,000,000 acres, according to the

map.

Mr. WEYMOUTH. Yes, sir; that is the storage capacity.

Senator ASHURST. And the one proposed at Mohave, apparently carrying 10,400,000, which is a total of 18,400,000.

Mr. WEYMOUTH. That is total storage capacity.

Senator ASHURST. Now, how much thereof if any, would be dead storage?

Mr. WEYMOUTH. Well, he suggested in his paper 4,000,000 active storage at Mohave; that would leave 6,4000,000 dead storage, and at Glen Canyon, he suggested 4,000,000 active, leaving 4,000,000 dead storage.

Senator ASHURST. Is that your contention?

Mr. WEYMOUTH. In my plan there is.

Senator ASHURST. Do you contend that there would be less dead. storage in your plan than in Mr. La Rue's plan?

Mr. WEYMOUTH. I have that in the table, Senator.

Senator ASHURST. I did not hear those figures.

Mr. WEYMOUTH. About the same, it is in the La Rue plan, 20,000,000 for the silt storage,-the same as dead storage, and my plan is

19,000,000.

Senator ASHURST. About the same as to dead storage?

Mr. WEYMOUTH. Yes, dead storage or silt storage.

The CHAIRMAN. Is that all, Senator?

72578-26-PT 6—12

Senator ASHURST. That is all.

The CHAIRMAN. We thank you very much, Mr. Weymouth, for your testimony.

Senator JOHNSON. Just one more question, with your permission. Would there be great loss due to evaporation at the Mohave site? Mr. WEYMOUTH. Yes, indeed.

Senator JOHNSON. Very much greater than in the other?

Mr. WEYMOUTH. From an equal area of water surface; yes sir. Senator JOHNSON. Would the cost of the dam at the Mohave site be quite excessive.

Mr. WEYMOUTH. To store an equal amount of water the cost of the two dams Mohave or Black Canyon would be about the same but much more could be accomplished that is, for a small amount of storage, at Black Canyon than at Mohave Canyon.

Senator JOHNSON. There is no comparison between the accomplishment of the two?

Mr. WEYMOUTH. Not at all.

Senator JOHNSON. Would the removal of the tracks of the Santa Fe be costly at Mohave?

Mr. WEYMOUTH. Well, their engineers, after considering the subject a long time, wrote me a letter stating it would cost $8,000,000. Senator GOODING. Just one further question, Mr. Chairman, I want to get this clear in my mind, whether in the La Rue plan there is only 8,000,000 acres of active storage?

Mr. WEYMOUTH. Yes, sir.

Senator GOODING. And 24,000,000 acres of active storage in your plan; is that correct?

Mr. WEYMOUTH. Yes, sir.

Senator GOODING. That is the matter I wanted to bring out, to make it clear.

The CHAIRMAN. I think that is all, Mr. Weymouth.

Senator ASHURST. Mr. Chairman, may I have included in the record the counter proposal of the Arizona committee on the allocation of the benefits of the Colorado River to the committees of California and Nevada?

The CHAIRMAN. That may be included.

Senator ASHURST. Is there objection? Senator Johnson, have you any objection?

Senator JOHNSON. I will be very glad to have it in the record. COUNTERPROPOSAL OF THE ARIZONA COMMITTEE ON THE ALLOCATION OF THE BENEFITS OF THE COLORADO RIVER TO THE COMMITTEES OF CALIFORNIA AND NEVADA WHICH WAS SUBMITTED TO ARIZONA DECEMBER 1, 1925

The States of Arizona, California, and Nevada have appointed representatives for the purpose of negotiating an agreement among said States in reference. to the waters of the Colorado River, who after negotiations have agreed upon the following articles:

ARTICLE I

It is recognized by the parties hereto that the unregulated normal flow of the Colorado River is insufficient to properly irrigate the lands already under cultivation by irrigation from the waters of said river; that the benefits of the storage of the flood waters of said river within the United States belong wholly to the citizens of the respective States; that without disparagement of the treaty making power of the United States Government, the States party hereto and Congress of the United States in consenting to this agreement shall

be understood as declaring: That it is their purpose to utilize within the borders of such States all of the waters of the normal flow of the Colorado River heretofore appropriated and put to beneficial use in accordance with the laws of the States in which the same are being put to beneficial use, and all of the flood waters of the Colorado River capable of being utilized within the borders of the United States, for any purpose, by the construction of storage dams within the United States, and particularly that the Republic of Mexico and the citizens thereof shall take notice that they can not acquire any moral or equitable claim to the waters of the Colorado River temporarily made available for use in said Republic of Mexico by the regulatory effect of any dam or dams constructed in pursuance of this agreement as it is the intention and purpose of the States party hereto and the United States to ultimately utilize all of such waters within their own borders. Any express or implied acknowledgment of rights to the Republic of Mexico to the waters of the Colorado River by any instrument, agreement or compact signed prior to this agree ment which is inconsistent with the declarations of this paragraph, if thereby any such inconsistent acknowledgment or declaration is hereby withdrawn and shall not be renewed or reasserted without the consent of the States party hereto.

ARTICLE II

The States of Arizona, California, and Nevada hereby agree that the waters of the Colorado River and its tributaries in said States shall be divided, allotted, and appropriated as follows:.

(a) All of the waters of the tributaries of the Colorado River which flow into said river below Lee Ferry, Ariz., are hereby allotted and appropriated exclusively in perpetuity to the States in which such tributaries are located and may be stored in and diverted from said tributaries or the main channel of the Colorado River for use in said States.

(b) There is hereby allotted and appropriated to the State of Nevada for use in said State that portion of the total amount of water of the main Colorado River as measured at Lee Ferry, which can be beneficially used for agricultural and domestic purposes, not exceeding 300,000 acre-feet per annum. There is hereby allotted and appropriated for agricultural and domestic use to each of the States of Arizonia and California from the remainder of the water available as measured at Lee Ferry, one-half of the waters of the Colorado River.

(c) Any dimunition of the amount of water allotted to each State between the point of measurement and the point of delivery, caused by evaporation and seepage in storage or in transit, shall be borne by each State from its original allottment.

(d) The States of Arizona, California, and Nevada hereby agree to limit and control future appropriations and beneficial use of water in said respective States to such an amount and in such manner as will insure that present perfected rights in each State will be fully protected and supplied out of waters hereby allotted to said State.

ARTICLE III

The following rules shall apply to the use and storage of water under this agreement:

(a) The use of water for irrigation and domestic purpose allotted in Article II hereof shall be superior to any right of storage for power purposes or navigation and any of said States may divert from the river the water allotted to it at any point on the river, provided that if any State shall take any water so allotted to it out of the main channel of the Colorado River at a higher elevation than the highest elevation of the bed of said river in said State, the works constructed for such purpose shall not interfere with a beneficial development in the State entitled to develop such fall of the river and the State or States taking out water at such higher elevation shall fully compensate the other States affected thereby for the loss of power caused thereby to such States.

(b) The prior construction of any dam or reservoir for power purposes shall not give any prior or superior right to such dam or reservoir to the regulation of the flow of the river for the benefit of such dam or reservoir but the rights of all dams and reservoirs constructed under this agreement for power purposes shall be on equality regardless of the date of construction thereof subject to the following:

(1) Yearly and seasonal stored water shall be held at as high elevations on the river as possible in order to reduce evaporation losses and provide regulation for power as well as for irrigation, domestic and flood control purposes.

(2) Reregulation storage for seasonal and daily variations in demand shall be located as close to the land to be irrigated as possible and water for irrigation and domestic purposes shall be supplied first from the nearest reservoir above the point of diversion of such waters.

ARTICLE IV

The territory of no State shall be entered upon for the purpose of construction or maintaining works utilizing the water of the Colorado River except with the consent, and subject to the laws of such State.

ARTICLE V

The necessity for flood protection and development of the Colorado River as herein provided for is hereby recognized and established. All private or public lands in Arizona, California, and Nevada that are necessary for the construction and operation of works for the control and utilization of the Colorado River for flood protection, irrigation and domestic uses of water and the construction of dams for power purposes in pursuance of the provisions of this agreement shall be subject to the right of eminent domain of the State wherein such lands are located unless they have already been put to a more necessary public use.

ARTICLE VI

Each of the States party hereto, and the United States, recognize the acute necessity for flood and drought protection for lands new in cultivation by irrigation from the waters of the Colorado River and hereby pledge their good faith to grant the necessary permits and licenses for such construction, also rights of way to any district or agency that may be created in pursuance of the terms of this agreement for the immediate construction of a reservoir in the main channel of the Colorado River at such point as may be determined upon by the Federal Government, if it be a Government project, or by the majority of the States party to this agreement, if by some other agency. Such permits, licenses, and rights of way shall include these necessary for the construction of the dam and reservoir and appurtenant works including hydroelectric power plants and transmission lines provided, that no dam or other works shall be built in the bed of the Colorado River at any point in the river which when constructed will back up the water of the river so as to limit or interfere with the construction of a dam selected by any of the States for the diversion of water for irrigation or domestic purposes in that State.

ARTICLE VII

Any State in which reservoir sites exist in the Colorado River or its tributaries, directly or through any district or agency created in pursuance of and hereafter authorized by the laws of said State, may build dams, hydroelectric power plants and appurtenant works in such State and operate or lease the same. Where the reservoir is situated in two or more States, such dams, power plants and appurtenant works may be built, operated or leased jointly by the two or more States, or by any district or agency that may be created in pursuance of the laws of such States. Such State or States may sell or lease the power produced by such dams or power plants, and may impose taxation on such dams, power plants, transmission lines, and other property incident thereto, and may collect royalties on the power produced by such dams or power plants of any of them or impose a tax on such power or provide for both such tax and royalties on such power. Where development works are constructed in two or more States, the entire hydroelectric plant, including dams, reservoirs, power houses, and appurtenant works shall be considered a unity in all matters relating to the financing of construction, the operation, lease, collection of royalties, and taxation, regardless of the location of the power plants with reference to State boundaries. The cost of the construction of all such development works shall be borne by the respective States, districts, or agencies created in pursuance of the laws of