pacity under control is 15,500,000 acre-feet, and 10,500,000 acre-feet is dead water, absolutely unusable for any purpose, according to the plan of construction to be adopted. Therefore we must treat the river as being controlled only to the extent of 15,500,000 acre-feet storage under that plan. The CHAIRMAN. I did not so understand it, Mr. Maxwell, but you may go ahead with your statement. Mr. MAXWELL. No, I do not want to go ahead if there is any mistake in my figures. As I understood Mr. Weymouth he said 15,500,000 acre-feet of the proposed storage of 26,000,000 acre-feet in the Black Canyon dam would be controlled storage, which could. be utilized. Mr. WEYMOUTH. I said in my plan the whole scheme of development suggested this morning was 24,000,000 acre-feet. Mr. MAXWELL. Well, 24,000,000 acre-feet and 25,000,000 acre-feet are not very far apart. I read it from your blue print, where it says "15,500,000 acre-feet storage control" referring to the Black Canyon dam. In round numbers, roughly speaking, 15,000,000 acrefeet is controlled storage and 10,000,000 acre-feet is not controlled. Ten million acre-feet is dead water. It is what you call "dead storage" and under your plan that part of the reservoir is never to be implied after it has once been filled. The Colorado River reaches its highest peak along about the 1st of July. That is the period of the year at which the reservoir must be filled-I refer now to the storage space which you refer to as "15,500,000 acre-feet storage control." Now this is proposed to be a power reservoir and you can not develop power with the water in that reservoir for the next three months after July 1 unless you draw the water from the reservoir and let it fall to the base of the dam. There is not space in a reservoir only controlling 15,500,000 acre-feet, or only providing 15,500,000 acre-feet of controlled capacity, to hold back any appreciable amount of water from Mexico unless you fail to develop the power to that extent at the period of the year when it is just as much needed as any other period of the year, in California or wherever, it may be used. Therefore under the plan proposed by Mr. Weymouth, if Mexico is to be deprived of water three months of the year by holding it back in the reservoir, if you have no more storage capacity than is proposed in the Black Canyon dam, which is 15,500,000 acre-feet, you must lose the power for three months in the year which that water would otherwise develop; if you withhold the water from Mexico during that period. That Black Canyon dam is the only dam proposed to be built under the bill now under consideration. I understood Mr. Weymouth's position to be that unless the allAmerican canal is built his idea of holding this water back in the reservoir against Mexico is inapplicable. There is no question about that. Now, what will the all-American canal do? Undoubtedly the American canal should be built. It should be built if for no other reason than for the effect that it will exercise in preventing Mexico from taking half of the water from the present Canal in Mexico for use below the line which we store in this country. But all the land they can irrigate under the All-American canal. plan, according to the Fall-Davis report, which no one questions, is 940,000 acres in California. Call it in round numbers 1,000,000 acres. If you allow 4 acre-feet head-gate duty you have only 4,000,000 acrefeet required for the irrigation of that 1,000,000 acres. And that is all the water that the All-American canal can keep from going into Mexico. What becomes of the remaining 12,000,000 acre-feet left after deducting 4,000,000 acre-feet from the total flow of 16,000,000 acre-feet? The amount which California proposes to take through the aqueduct to Los Angeles is approximately only another 1,000,000 acre-feet. That makes 5,000,000 acre-feet for California. The area in Arizona which can be irrigated under that plan is only 280,000 or at the utmost only 300,000 acres, for which we will need approxiacre-feet. That makes 5,000,000 acre-feet for California. The area in Arizona which can be irrigated under that plan is only 280,000 or at the utmost only 300,000 acres, for which we will need approximately another 1,000,000 feet. That makes a total in both California. and Arizona of only 6,000,000 acre-feet. Now, I am not considering in this estimate the 632,000 acres in addition which could be irrigated in Arizona with a pump lift of 200 feet, because that project will never be built. That pump lift is uneconomic. Therefore the entire amount of water to be used under the Black Canyon dam in the United States of America, which can not be exceeded without pumping, is only 6,000,000, acrefeet. Mexico would get the remainder from that dam, amounting to 9,500,000 acre-feet annually. The flow of the river, as estimated by Mr LaRue in his original report water supply paper 395, and as estimated by Mr. Davis in the Fall-Davis report, Senate Document 142, is 16,000,000 acre-feet. That would leave 10,000,000 acre-feet to go down the river to Mexico after all the lands irrigable under that plan in the United States of America have been irrigated. And if it is not all stored when you build the first dam at Boulder Canyon on Black Canyon other dams will inevitably be built in the near future, and that entire flow of 10,000,000 acre-feet will go to Mexico by the law of gravity, exactly as I stated it would do. I do not for the moment recall whether it was at Los Angeles or Phoenix. The CHAIRMAN. I think it was here in Washington last winter. Mr. MAXWELL. Yes. You will bear in mind that when I was before this committee in Washington we did not have the recent La Rue report. That report was not issued until last September or October. Until then we did not know the facts as we know them now. To a large extent we were forced to rely upon faith and guesswork as to whether or not we could take this water out at an elevation to cover lands in Arizona. We now know that it can be done. The point I am making with reference to Mr. Weymouth's suggestion that we might dry Mexico up by holding back its water in the reservoir is that, in the first place, it never would be done, because with a dam there from which they could develop power during these three months they would never hold the water back and go without the power just to keep Mexico from getting the water. They will never hold it back just to keep Mexico from getting it, because if they did they would lose the power in the United States of America. So that idea of Mr. Weymouth's is entirely impractical. If you build the All-American Canal and irrigate the whole 1,000,000 acres in the Imperial Valley with 4,000,000 acre-feet of water; and take the whole 1,500 second-feet, or an additional 1,000,000 acre-feet to southern California, and take a million acre-feet more to irrigate the 280,000 or 300,000 acres in Arizona that could be irrigated below the Black Canyon dam, you have only used in all 6,000,000 acre-feet, and you still have 10,000,000 acre-feet left to go down the river to Mexico. There is no way you can escape that unless you can change the law of gravity, or build the Bridge Canyon dam. Now, in his report Mr. La Rue, on page 40, publishes a map or a diagram of the water supply, in which he reduces it to 14,000,000 acre-feet at Lee Ferry instead of 16,000,000 acre-feet at Laguna dam. If you make that reduction, which is really at Glen Canyon and not at Laguna dam, you still have 8,000,000 acre-feet to go to Mexico, which is water enough to irrigate 2,000,000 acres of land. Now, Mr. Chairman, these facts can not be "whistled down the wind." The CHAIRMAN. Do you think Mexico can appropriate the additional waters that are made possible by the construction of a dam on American territory? Mr. MAXWELL. Mexico can not appropriate anything as against the United States of America. The CHAIRMAN. In addition Mr. MAXWELL (continuing). Please let me finish my answer. Mr. MAXWELL. But if the water once runs below the line and is actually used and applied in Mexican territory, and 5, 10, 15, 20, 60, or 100 years elapse, during which time that water comes down the river because it is reserved for the upper basin and is used in Mexico, as it will be, Mexico has developed an actual condition, under which whole communities have been built up, and it is not a question of law, it is a question of international policy. I am perfectly willing to take the ground that it would operate-and now I am answering your question, Mr. Chairman-practically operate exactly as if Mexico had made an appropriation, because our Government never would take it away from them, even though they had made some declaration in words years before that they did not intend to let Mexico have that water. The CHAIRMAN. The point I was attempting to present to you was that assuming that Mexico has a right to her proportion of the natural flow of the stream, if that natural flow is increased by the States do you think Mexico can make claim to the additional water? Mr. MAXWELL. Yes, unquestionably they can make that claim provided we permit the water to run by the law of gravity below the line into Mexico, and they take it in good faith and use it and build up an equity on Mexican soil. We would have permitted them to do it, if we rest on our oars and do nothing toward actually using that water in the United States. More than that, if the Government of the United States, and the States, deliberately adopt a plan for the development of that river under which this country never can use that water, of what avail is it that we have declared we are going to do so? The CHAIRMAN. Now, what are we going to do, may I ask? 72578-26-PT 6-15 Senator SHORTRIDGE. I would like to ask there Mr. MAXWELL. May I answer the chairman's question, first, Senator Shortridge? The answer is--and I wish that if nothing else were accomplished by these few moments of additional hearing, that I may get this fact into the minds of the committee-it is perfectly futile and idle and useless for the United States of America to talk about doing anything with the Colorado River, except to do one of two things: One is to let it go to Mexico and let us understand it is going to do that. The other is to build the necessary works in the United States of America and use it in the United States of America, so that it can not go to Mexico. Let us not overlook this fact; we have sat here day after day listening to the upstream States protest against the limitation of their future development. Now, let us look that proposition straight in the face, with reference to Arizona. Arizona has three classes of irrigable land-one class, the 300,000 acres which is absolutely the uttermost limit than can be irrigated from the Colorado River, when regulated by gravity, without a very expensive system of works including an area nearly ten times as large. The next class is the 632,000 acres which can be irrigated by pumping 200 feet, as proposed in the report of the Arizona Engineering Commission. That land can not be irrigated at ali unless it is either provided with a pumping system, with a 200 foot lift, or included in the larger gravity system, which embraces 3,000,000 acres of land which is the third class, which can be irrigated in Arizona provided the Bridge Canyon Dam is kept clear of complications or conflicting rights by the building of other dams interfering with it either above or below. That is absolutely necessary for the preservation of Arizona's future development and it is equally necessary that the works be built to prevent claims in Mexico from developing and cutting out Arizona. Is not Arizona as much entitled to consideration for her future development as the upper basin States? There are 3,000,000 acres of land that can be reclaimed under the Bridge Canyon gravity system in Arizona, provided-and this is the point-that you take in hand enough under the project to cover the expenses of the acreage overhead. Now, if you charge the construction cost and those works to power, the power will pay for all of it from the power generated at the drops in the canal; if you charge it to reclamation, the reclamation will pay for all of it at less than $100 an acre for the dams and main line canals, but you have got to build the big system including the whole 2,000,000 or 3,000,000 acres. You can not build a halfway system. You can do nothing but do one of those two things in Arizona, and that is, be content with 300,000 acres and let the water go to Mexico; or build the 3,000,000 system, and use the water in Arizona. All that Arizona stands before this committee asking for to-day is that you do nothing to make it in the future impossible to build the big system. That is all. We do not ask you to do it right now. We are not asking for a dam that provides irrigation for those three million acres in Arizona now. We ask you not to divert this water to Mexico forever by building a dam down below Bridge Canyon that will create a power right to force the water down there, and prevent us from taking it out on a higher elevation. The CHAIRMAN. Do you think building Boulder dam would deprive you of taking water at Bridge Canyon? Mr. MAXWELL. Let me put the question to you as a lawyer. All the water that goes to the Boulder Canyon dam goes down there to satisfy a right, which is yet to be created, to develop power at that dam, to pay for the dam. They can not develop power at the Boulder Canyon dam or the Black Canyon dam unless the water runs over the dam, and that establishes the right, whether is is an appropriation or not. The right being established to have all the water go down to a reservoir from which all the regulated flow of the river must be dropped back to the 706 foot level, in order to develop power, that right can not be subsequently taken away by diverting the water higher up the river at higher elevation without destroying the power project. It can not be diverted off into Arizona without extinguishing the power right at the Boulder Canyon or Black Canyon dam. I am perfectly free to say as a lawyer-because I practiced law in California for nearly 20 years very actively and vigorously-and taking up the statement that Senator Pittman made a few minutes ago,the suggestions of Senator Pittman might be a better way o put it Senator PITTMAN. The inquiries. Mr. MAXWELL. Yes, the inquiries, as to whether or not Congress would be foreclosed by the necessary legislation which authorizes construction of the Boulder Canyon dam, as proposed here, from subsequently doing something which would interfere with it. I do not hesitate to say, Mr. Chairman, that subsequent legislation by Congress may force the abandonment of a power right if necessary to protect the agricultural development of a state, if the Boulder Canyon dam or the Black Canyon dam were authorized, Arizona will still proceed with her campaign for the Bridge Canyon dam, and claim that agriculture is the fundamental thing she wants and of which she can not be deprived as a sovereign State by any such legislation as is sought there. Agriculture takes precedence over power, in such a case, and when it comes to a question of whether or not the State of Arizona is to be deprived of the water to irrigate 3,000,000 acres of land, then the power proposition has got to go overboard. That is submitted in answer to Senator Pittman's inquiry. Senator PITTMAN. Then, if it must go overboard, that power will be slackened and you will still have your water at Bridge Canyon. Mr. MAXWELL. Exactly, but you will not have your power. Senator SHORTRIDGE. I would like to interject a question therethe power that is developed is a simple matter of engineering, but the physical fact-bear in mind the physical facts-Bridge Conyon is up the stream? Mr. MAXWELL. Yes. Senator SHORTRIDGE. How far, please? Mr. MAXWELL. About 130 miles. Senator SHORTRIDGE. Do I understand you to be sure-do I understand you to say that the building of the dam at Boulder |