Mr. SWING. Mr. Chairman, I would like to straighten up a matter for the record before Secretary Hoover begins.

The CHAIRMAN. All right.

ADDITIONAL STATEMENT OF HON. PHIL D. SWING, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA

Mr. SWING. I mentioned at the last hearing that the General Federation of Women's Clubs had indorsed the project as to which Mr. Leatherwood made some inquiry.

I would be very glad to call the attention of the committee to the report of the General Federation of Women's Clubs, at the 16th annual convention, held at Chatauqua, N. Y., June 20-30, 1922; and to the resolutions to be found on page 657 of the printed report, which I will read and a copy of which I will file with the committee.

Construction of Colorado River Dam

Whereas the flood waters of the Colorado River have for years threatened, and still threaten, the lives and health and property of 50,000 American citizens living in the Imperial Valley, in southern California, which lies 250 feet below sea level and below the bed of the river; and

Whereas a destructive flood would permanently destroy these homes and property; and

Whereas the construction of a great dam will eliminate these destructive floods, stabilize the flow of the river, enable the irrigation of several million addtional acres of land, and lead the way to the establishment of prosperous communities and the development of millions of dormant horse power throughout the Colorado River basin, thus furnishing homes and employment to millions of Americans, including ex-service men and women, adding to the prosperity of the whole country and tending to lessen the burden of taxation: Therefore be it

Resolved, That it is the sense of the General Federation of Women's Clubs that immediate action should be taken, by the Federal Government to authorize the construction of a dam, at some point on the Colorado River, and to appropriate the necessary money therefor, or to provide the necessary means of financing such dam.

Mr. RAKER. They ask for Federal construction, do they?

Mr. SWING. Yes, sir.

Mr. LEATHERWOOD. May I see that report, Mr. Swing?

Mr. SWING. Yes, sir. The other reports to which I referred the other day I will take the liberty of filing without reading, and will now turn the meeting over to the committee and to Secretary Hoover, who has consented to be heard.

Mr. LEATHERWOOD. Before you finish, is this the resolution that you prepared?

Mr. SWING. That is the resolution adopted. I said I saw it before it was sent up.

Mr. LEATHERWOOD. I understand you to say that you prepared

one?

Mr. SWING. No; I did not prepare it.

Mr. LEATHERWOOD. Who did?

Mr. SWING. I do not know. I saw it before it was sent up.

Mr. LEATHERWOOD. How did you happen to see it?

Mr. SWING. Well, there was a lady in town who was on her way

as a delegate to the convention.

Mr. LEATHERWOOD. Would you have any objection to stating who the lady was?

Mr. SWING. I do not recall her name at this time.

The CHAIRMAN. Do you prefer, Secretary Hoover, to make a general statement before being interrogated?

STATEMENT OF HON. HERBERT HOOVER, SECRETARY OF

COMMERCE

Secretary HOOVER. I might make a short verbal statement. I have no prepared material. The committee might wish to know something about the Colorado River Commission. Has that been before the committee?

Mr. SWING. No.

Mr. RAKER. No; it has not been before us; and it has not been explained; and for one, I would like to have you explain it, Mr. Secretary.

Secretary HOOVER. The act of Congress approved August 19, 1921, permitted a compact to be entered into between the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming, respecting the apportionment of the waters of the Colorado River. It authorized the President of the United States to appoint a representative who should act for the protection of the interests of the United States Government.

That act followed acts in the legislature of each of the Southwestern States, establishing their part in such compact negotiations. Mr. RAKER. Had all of these States passed the act before Congress passed it?

Secretary HOOVER. Each one of them had passed the act before Congress did.

Mr. RAKER. And it is your understanding, is it not, that the compact has no effect until it is approved by Congress?

Secretary HOOVER. That is correct. The act of the legislatures and the authorizing act merely authorized the setting up of the commission for the purposes of negotiation. That commission met in January, 1922, and continued its sittings and hearings for a period of approximately a year.

Mr. RAKER. Mr. Hoover, the committee has no copies of the acts, and I have been trying to get them; and in connection with your statement, can you have each one of those acts placed in the record? Secretary HoOVER. I will have the acts of each of the States furnished to the committee.

Mr. RAKER. There is no objection to that. is there, Mr. Chairman? The CHAIRMAN. No.

(The acts referred to are as follows:)

[Public-No. 56-67th Congress]

[H. R. 6877]

AN ACT To permit a compact or agreement between the States of Arizona. California, Colorado, Nevada, New Mexico, Utah, and Wyoming, respecting the disposition and apportionment of the waters of the Colorado River, and for other purposes

Whereas the Colorado River and its several tributaries rise within and flow through or from the boundaries between the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming; and

Whereas the territory included within the drainage area of the said stream and its tributaries is largely arid and in small part irrigated, and the present and future development necessities and general welfare of each of said States and of the United States require the further use of the waters of said streams

for irrigation and other beneficial purposes, and that future litigation and conflict respecting the use and distribution of said waters should be avoided and settled by compact between said States; and

Whereas the said States, by appropriate legislation, have authorized the guvernors thereof to appoint commissioners to represent said States for the purpose of entering into a compact or agreement between said States respecting the future utilization and disposition of the waters of the Colorado River and of the streams tributary thereto; and

Whereas the governors of said several States have named and appointed their respective commissioners for the purposes aforesaid, and have presented their resolution to the President of the United States requesting the appointment of a representative on behalf of the United States to participate in said negotiations and to represent the interests of the United States: Now, therefore, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That consent of Congress is hereby given to the States of Arizona, California, Colorado, Nevada, New Mexico. Utah, and Wyoming to negotiate and enter into a compact or agreement not later than January 1, 1923, providing for an equitable division and apportionment among said States of the water supply of the Colorado River and of the streams tributary thereto, upon conditions that a suitable person, who shall be appointed by the President of the United States, shall participate in said negotiations, as the representative of and for the protection of the interests of the United States. and shall make report to Congress of the proceedings and of any compact or agreement entered into, and the sum of $10,000, or so much thereof as may be necessary, is hereby authorized to be appropriated to pay the salary and expenses of the representative of the United States appointed hereunder: Provided, That any such compact or agreement shall not be binding or obligatory upon any of the parties thereto unless and until the same shall have been approved by the legislatures of each said States and by the Congress of the United States.

SEC. 2. That the right to alter, amend, or repeal this act is herewith expressly reserved.

Approved, August 19, 1921.

AN ACT Providing for the appointment of a representative on behalf of the State of Arizona to negotiate a compact and agreement between the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming, and between said States and the United States of America respecting the use and distribution of the waters of the Colorado River and the rights of said States and the United States thereto, and making an appropriation therefor.

Be it enacted by the Legislature of the State of Arizona :

SECTION 1. The Governor of Arizona shall appoint the State water commissioner, who shall serve without additional compensation, as the representative of the State of Arizona; who shall be duly authorized to represent the State of Arizona on a joint commission to be composed of a representative of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming, and a duly authorized representative of the United States of America, such commission to be constituted for the purpose of negotiating and entering into a compact or agreement between the said States, and between said States and the United States, with the consent of Congress, respecting the further utilization and disposition of the waters of the Colorado River and streams tributary thereto, and fixing and determining the rights of the said States and the rights of the United States in and to the use and disposition of the waters of said stream and the benefits to be derived therefrom, provided, however, that any compact or agreement so entered into by said States and the United States shall not be binding or obligatory upon any of the high contracting parties thereto unless and until the same shall have been ratified and approved by the Legislatures of the said States, and by the Congress of the United States.

SEC. 2. The Governor of Arizona shall notify the respective' Governors of the States of California, Colorado, Nevada, New Mexico, Utah, and Wyoming, of the appointment of the representative of Arizona as soon as said representative shall have been appointed and qualified, but said representative shall not enter upon the performance of his duties until a representative to serve upon said joint commission shall have been named and qualified for each of the said States named in Section 1 hereof, provided, however, that

said representative shall proceed immediately after the passage of this act and its approval by the Governor in carrying out the provisions of Section 3 hereof as pertains to the Colorado River within the boundaries of the State of Arizona, and that the securing of the necessary data and information called for by this act shall not be contingent upon appointment and qualification of the representatives of the other States concerned or the representative of the United States of America.

SEC. 3. Said representative of the State of Arizona shall have full authority to make or cause to be made any and all investigations of the Colorado River and the drainage area thereof, which may become necessary in order to sufficiently advise said representative of the physical conditions obtaining upon said stream and the drainage area thereof, and of the present and future needs of the State of Arizona and its citizens in the use and benefit of the waters of said stream. To that end said representatives shall have authority to administer oaths, examine and require the attendance of witnesses, and to perform such other duties and gather such data as my be necessry to sufficiently apprise said representative of the facts and furnish him with adequate information in order that he may properly perform his duties as representative of the State of Arizona upon said commission.

SEC. 4. For the purpose of carrying out tht provisions of this act, including the payment of an equitable portion of the cost and expenses of said joint commission, there is hereby appropriated out of any moneys in the State treasury, not otherwise appropriated, the sum of twenty-five thousand dollars ($25,000.00), or so much thereof as may be necessary, for the purposes herein provided. Said appropriation may be used within or without the State of Arizona. The said representative shall employ such clerical or technical assistants as may be deemed necessary to accomplish the objects of this act. The compensation of the necessary assistants, together with all traveling expenses, and all other costs, charges, and necessary expenditures hereunder, shall be paid semimonthly upon vouchers approved by the State water commissioner and warrants drawn for the payment thereof by the State auditor in the ordinary manner upon the State treasurer.

SEC. The State legislature finds, determines, and hereby declares that this act and each and every sentence, phrase and clause thereof is necessary for the immediate preservation of the public peace, health, and safety of the State, and that an emergency is hereby declared to exist, and this act shall be in full force and effect from and after its passage and approval by the governor, and shall be exempt from the operation of the referendum provisions of the State constitution of the State of Arizona.

SEC. 6. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

Approved, March 5, 1921.

CHAPTER 88

[Approved May 12, 1921. In effect immediately]

AN ACT Authorizing the Governor of California to appoint a representative of the State of California to serve upon a joint commission composed of representatives of the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, Wyoming, and the United States of America, and constituted for the purpose of negotiating and entering into an agreement between the several States hereinabove mentioned and between said States and the United States of America. subject to the consent of Congress, respecting further use and disposition of the waters of the Colorado River and streams tributary thereto, and fixing and determining the rights of each of said States and rights of the United States in and to the use, benefit, and disposition of the waters of said stream and its tributaries

The people of the State of California do enact as follows:

SECTION 1. The Governor of California shall appoint the State engineer who shall serve without additional compensation as the representative of the State of California on a joint commission composed of one representative from each of the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming, and two duly authorized representatives of the United States of America, the principal duty of which commission shall be to negotiate and enter into an agreement between the several States hereinabove mentioned and between the said States and the United States of America, subject to the consent of Congress, respecting the further use and disposition of the waters of

the Colorado River and streams tributary thereto and fixing and determining the rights of each of said States and the rights of the United States in and to the use, benefit, and disposition of the water of the Colorado River and its tributaries; provided, however, that any agreement so entered into by said States and the United States of America shall not be binding or obligatory upon any of the high contracting parties thereto unless and until such agreement shall have been ratified and approved by the legislature of each of the above mentioned States and by the Congress of the United States.

SEC. 2. The Governor of California, immediately after such representative of the State of California has been appointed and has qualified, shall notify the governor of each of the above mentioned States of the appointment of the said representative of California, giving his name and address, but said representative shall not enter upon the performance of his duties until a representative to serve upon said joint commission shall have been named and qualified for each of the States named in section one hereof.

SEC. 3. Said representative from California shall have full authority to make any and all investigations of the Colorado River and the drainage area thereof which may become necessary in order to sufficiently advise said representative of the physical conditions obtaining upon said streams, and of the present and future need of the State of California and its citizens to the use and benefit of the waters of said stream. To that end, said representative shall have authority to administer oaths, examine and require the attendance of witnesses, and to perform such other duties as may be necessary to sufficiently apprise said representative of the facts and furnish him with adequite information in order that he may properly perform his duties as representative of the State of California upon said joint commission.

SEC. 4. Inasmuch as the Colorado River during flood periods constitutes a menace to life and property within this State and the purpose of the commission is to meet immediately upon the appointment and qualification of the representatives of the several States for the purpose of adopting a plan of agreement which will ultimately make possible the construction of impounding dams that will eliminate this hazard, it is hereby declared that this act is an emergency measure necessary for the immediate preservation of the public health, peace, and safety, and that under the provisions of section one of article four of the State constitution an urgency exists, and this act shall take effect immediately.

WATER COMMISSION, COLORADO RIVER

[S. B. No. 418, by Senators Colwel!, Peterson, and Warren]

AN ACT Providing for the appointment of a commissioner on behalf of the State of Colorado to negotiate a compact or agreement between the States of Arizona. California, Colorado, Nevada. New Mexico, Utah, and Wyoming. and between said States and the United States respecting the use and distribution of the waters of the Colorado River and the rights of said States and the United States thereto, and making an appropriation therefor.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. The Governor of Colorado shall appoint a commissioner who shall represent the State of Colorado upon a joint commission to be composed of commissioners representing the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming, and a duly authorized representatie of the United States of America, to be constituted by said States and the United States for the purpose of negotiating and entering into a compact or agreement between said States and between said States and the United States, with consent of Congress, respecting the future utilization and disposition of the waters of the Colorado River and all streams tributary thereto and fixing and determining the rights of said States and the rights of the United States in and to the use, benefit, and disposition of the waters of said stream: Proided, however, That any compact of agrement so entered into by said States and the United States shall not be binding or obligatory upon any of the high contracting parties thereto unless and until the same shall have heen ratified and approved by the legislatures of each of said States and by the Congress of the United States. The same person appointed commissioner for

92265-24-PT 1-3