The CHAIRMAN. You do not need any legislation.

Mr. HUDSPETH. I do not think we need any legislation for this proposition.

The CHAIRMAN. At that time it was purely discretionary as to what should be taken up.

Mr. HUDSPETH. But he refused to do it. The people have done everything possible. They made up $5,000 out of their pocket, at a time when they were sorely pinched, for this investigation. They exhausted that fund, and we finally got an allotment of $10,000, and they have exhausted part of that fund.

The CHAIRMAN. I think the committee is satisfied, from an engineering standpoint, and probably from an economical standpoint, that this is a feasible proposition, but if the Secretary of the Interior is not inclined to carry out the appropriation, I do not know of what use it will be.

Mr. HILL. We might get some light when Doctor Meade comes before the committee.

Mr. BURGES. I believe Doctor Meade will say that every condition is favorable and strongly appeals to him that something ought to be done, if they were not afraid of a leaky reservoir.

Mr. HILL. I can appreciate their hesitancy under these conditions, whereas they might be willing for Congress to assume the responsibility.

Mr. HUDSPETH. We think we can convince this committee that it is a feasible proposition, and that is what we hope to do by these gentlemen. The McMillan Reservoir did not leak to any extent during this year. We believe we can pay back every dollar of this, or the major portion of it, within the prescribed time. That is our

case.

The CHAIRMAN. Is it the desire of yourself and associates to have Doctor Meade come before the committee?

Mr. HUDSPETH. I think it will be necessary.

Mr. ARENTZ. I do not see how we can do without his testimony. Mr. HUDSPETH. I think that is true. Mr. Burges thinks he will say every condition has been met, outside of the leaky reservoir site. Mr. LEATHERWOOD. Let me see if I understand the situation. I take it, if we follow the recent opinion of the Attorney General in the Baker case, that the discretionary power is lodged with the Secretary of the Interior. If I interpret the opinion correctly, even though all conditions might be safe, if the Secretary stands on the principle of his discretion, he can refuse to go forward. Are we to understand that the department will go forward if Congress will enact this legislation?

Mr. HUDSPETH. We have that hope, of course. Otherwise, it would be idle to take up the time of the committee. I think in that way we can convince either the present Secretary or his successor that he should go forward with it.

Mr. SINNOTT. The Attorney General advised the Secretary that it was his duty to put the entire matter up to Congress.

Mr. LEATHERWOOD. I am not basing this statement upon any authority. It is my understanding that in such a case, if Congress should speak by legislation and appropriation of funds, authorizing the work to be done, that would be considered somewhat of a mandate.

Mr. HUDSPETH. That is to be hoped for.

Mr. WINTER. The theory seems to be that if Congress acts a second time, the discretion of the Secretary is overcome by the act of Congress, whether the bill contained a direction to proceed or not. I think that was the theory in the Baker project.

Mr. SINNOTT. I do not know what the theory was.

Mr. ARENTZ. No more than the refusal by the Senate to indorse a candidate for Attorney General nominated by the President. Not that the President thought the Senate was entitled to its prerogative, so no more would the Secretary feel that way toward Congress.

Mr. SINNOTT. Both the Secretary and Doctor Meade have stated that it was the desire of the Secretary to put the facts concerning this project up to Congress. What conclusion he would draw from the act of Congress I do not know.

etc.

Mr. HUDSPETH. Doctor Meade stated to me "I am satisfied, so far as this project is concerned, with the productivity of the land, The question in my mind is whether or not they can pay back to the Government the money to be loaned to them for the erection of this reservoir." If we can convince him by this hearing that they can do that, they will probably proceed with it.

I think I can show by these gentlemen, beyond any question, that this situation has been met, even to the leaky reservoir. I told him about the water from Carlsbad, and that was his statement. He at that time suggested the form of the bill. He said "Why do you not introduce a bill something like the Shallenberger bill." That is why I think as I do.

Mr. LEATHERWOOD. I assume that the water used is charged for, just the same as taxes?

Mr. BURGES. Yes, sir. The district pays it over to the Government, acting as fiscal agent for the Government.

Mr. LEATHERWOOD. The theory is to enforce its payment under the laws of Texas?

Mr. BURGES. Yes, sir.

The CHAIRMAN. Under the law in Idaho, if a man does not pay his water is shut off.

Mr. BURGES. We follow that rule also. That is done by the district. They will not serve anybody who is delinquent. We have no difficulty in collecting. The district has paid every cent due the Government.

That is

Mr. MILLER. It is a first lien on the crop. We get the first bale or two of cotton, and then the banker comes in second. 'why we have been able to meet our obligations as we have.

The CHAIRMAN. Here is a statement with reference to conditions in the Carlsbad project I would like to insert in the record, because it deals with the productivity of the soil and climatic conditions, etc. It says: "All of the irrigable land is held in private ownership and may be purchased at prices ranging from $100 to $250 per acre.' Mr. HUDSPETH. I ask that be inserted in the record. The CHAIRMAN. That may be done.

(The document referred to is as follows:)

CARLSBAD PROJECT, NEW MEXICO

LOCATION

The Carlsbad project is located in southeastern New Mexico in the valley of the Pecos River between the Guadalupe Mountains on the west side and the State Plains on the east. The project is in Eddy County, of which Carlsbad if the county seat.

The project comprises an irrigable area of 25,000 acres, of which 23,000 acres were irrigated in 1922. The total cost of the project to date is about $1,400,000. Investigations are being made looking to the increase of the project to include an additional 20,000 acres.

PUBLIC AND PRIVATE LANDS

There is no public land for entry within the present limits of the project. All of the irrigable land is held in private ownership and may be purchased at prices ranging from $100 to $250 per acre, depending on location, improvements, etc. On first unit lands about 23 per cent of the building charge has been paid. On' such land the building charge is $55 per acre. Second and third unit lands average about $66 per acre, only a small per cent of which has been paid. The operation and maintenance charge was $1.85 per acre for a minimum of 2 acre-feet for the season 1922.

AGRICULTURAL AND CLIMATIC CONDITIONS

The length of the irrigation season is from March to November, and two weeks in winter, 260 days. The average growing season is 210 days. The temperature ranges from -7° to 112°. The average date of last killing frost in the spring is April 1 and that of the first killing frost in the fall is October 25. The average annual rainfall for a period of 20 years is 14.42 inches. The elevation of the project land is about 3,100 feet above sea level. The maximum rainfall occurs in June, July, and August. Snowfall is light and rarely stays on the ground more than a day or two. The autumn and winter months are delightful as a rule. Summer days are sometimes hot, but are always followed by cool nights. There is practically no humudity and the summer heat is not oppressive.

SOIL AND CROPS

The soils of the Carlsbad area vary from a light sandy loam to a light clay loam, with a high lime content. These soils are very friable and easy to work. The best types of soil are very fertile and especially well adapted to the growing of alfalfa. The soils are quite generally underlaid with gravel and gypsum sand at a depth ranging from 4 to 20 feet.

The principal crops being grown at present are alfalfa and cotton. The yield of alfalfa on well farmed lands is from 4 to 7 tons per acre. The product is exceptionally high in protein and of very good quality and is in high favor with the trade. Pecos Valley pea green alfalfa is marketed principally in Texas cities and as far east as Atlanta, Ga.

The cotton industry has taken a high place on the project within the past few years. Although this important crop has been grown successfully since the inception of the project, it has been only since 1916 that the medium long staple varieties have been grown extensively. During the season of 1922, about 14,033 acres of staple cotton, principally of the Durango variety, were planted. This variety runs from 1% to 14 inches in staple, and usually brings from 5 to 10 cents per pound premium over the short-staple cotton. Owing to a maximum of sunshine during the harvesting period, the grades are uniformly high. Five cotton gins are distributed at convenient points on the project. The maximum haul to the gin does not exceed 4 miles. A cottonseed crushing plant, located at Loving, near the center of the project, assures the farmer a ready market for cottonseed at maximum prices. The by-products from this mill find a ready market within a radius of a few hundred miles at a minimum cost for freight. The average value of the cotton crop for years 1917-1921, inclusive, was $83.35 per acre. Among the crops grown successfully on the project may be mentioned the small grains, sorghum-head corns, and Indian corn.

A wide variety of garden crops, such as sweet potatoes, asparagus, cantaloupes, and tomatoes are successfully grown. Apples, pears, peaches, and Thompson

seedless grapes are successfully grown and are of exceptionally high quality. In the case of peaches, smudging must be resorted to in guarding against spring frosts.

STOCK RAISING

The Pecos Valley is in the center of a large range country from which thousands of cattle and sheep are shipped yearly to the markets at Chicago, Kansas City, and Fort Worth. The business of feeding lambs and beef cattle on the project has been receiving considerable attention within the past four years. Many of the farmers are finding it profitable to feed their alfalfa and cottonseed meal on the farm, thus realizing a substantial profit for their products and at the same time increasing the fertility of their land. There are several thriving dairies on the project. Dairying as an industry deserves more attention. Hog raising is proving a profitable business. Hogs are grown at a minimum expense and are extremely healthy.

TOWNS, SCHOOLS, ETC.

A

There are three towns within the limits of the project. The principal town is Carlsbad, with a population of 2,600; the two other towns are Loving and Malaga, with a population of 250 and 75, respectively. The town of Carlsbad is electrically lighted and has modern water and sewer system and 15 blocks of concrete paving in the business center. There is one central high school at Carlsbad. school bus makes the round trip through the valley each school day. There are five grammar schools on the project. Good salaries are paid to teachers, and the schools afford the best educational facilities. There are three banks on the project. Practically all religious denominations are represented at Carlsbad, including the Methodist, Episcopalian, Baptist, Roman Catholic, Presbyterian, Christian, and Christian Scientist. Practically all the fraternal orders are represented. There is a State armory located at Carlsbad, which us headquarters for a State troop of cavalry.

TRANSPORTATION AND MARKETS

The Santa Fe Railroad traverses the project for its entire length. There are no farms on the project that are farther than 4 miles from a shipping station, the average distance being about 2 miles. A good earth highway follows the railroad through the project. The roads generally are good.

The principal markets for products are Carlsbad, Kansas City, Fort Worth, and New Orleans. The cotton crop is marketed, so far as the farmer is concerned, in the project towns. Several of the large cotton firms are represented each year on the project, and competition is keen, thus assuring the highest prices for the product.

RECREATION

Carlsbad and vicinity offer exceptional opportunities for hunting, fishing, swimming, and boating. The Pecos and Black Rivers within the confines of the project offer excellent fishing for catfish and black bass, and good trout fishing may be had in the upper reaches of the Pecos and its tributaries. A day's trip from the project carries the hunter into the heart of the Guadalupe and Sacramento Mountains where deer and black bear are common. Excellent quail and duck shooting may be had in season in the country immediately surrounding the project. There is a well equipped bathing beach within the limits of the town of Carlsbad, and there are 4 miles of river for boating.

SUPPLEMENTARY STATEMENT BY MAJOR BURGESS

This bill is to provide Congressional authorization for the construction of water storage facilities on the Pecos River near the New Mexico State line, to supplement a now more or less depleted water supply for irrigating seven irrigation districts in the State of Texas. The total construction cost of these old irrigation systems was approximately $2,000,000, of which there is now less than one-half million dollars of outstanding bonds, divided between three irrigation systems only, the remaining four irrigation systems being entirely free of indebtedness on construction cost.

GENERAL AND CLIMATIC CONDITIONS

The average elevation of the land is 2,550 feet; average duty of water, 36 inches or 3-acre feet per acre; average evaporation 76 inches in depth; average precipitation, 101⁄2 inches; average mean temperature, 65°; average killing frost, from November 5 to March 23; average growing season, & months.

SOILS

The soils run from a chocolate loam to a deep sandy silty loam of high fertility, the texture of which is coarse enough to permit quick tillage after irrigation. There is approximately 75,000 acres of first-class soils, 45,000 of second-class soils, and 35,000 acres of third-class soils that can be irrigated already from these constructed projects. In other words, there are more first-class lands available for irrigation under these projects than the water supply will irrigate, the present irrigated area being approximately 38,000 acres. One hundred and forty thousand acre-feet storage facilities would provide ample water for the irrigation of the present irrigated area and 300,000 acre-feet storage facilities would provide ample water for the irrigation of over 50,000 acres.

DRAINAGE

The irrigated area of these projects lie along the Pecos River for a distance of about 100 miles, the river itself affording natural drainage for a portion of the land. In addition to this two drainage systems have been constructed to drain some of the areas farther back from the river. With plenty of good irrigation water soils that are or may become alkali can be leached out and made free from

same.

TRANSPORTATION

The Bankhead Highway crosses the district and other highways traverses up and down the valley and with the Santa Fe Railroad in the northern end, the Texas Pacific Railroad through the center and the Orient Railroad across the lower end, good transportation facilities are already provided for these projects.

CROPS

Alfalfa hay, alfalfa seed and cotton are the principal crops, yielding when supplied with sufficient irrigation water on an average of 4 to 5 tons hay, 300 to 350 pounds alfalfa seed, and two-thirds to 1 bale of cotton, with an average staple of about 1 inch. The average price of alfalfa hay is about $18 per ton; alfalfa seed, 18 cents per pound; and cotton, $120 per bale, f. o. b. on cars at local sidings. There always is a permanent market for such staple crops.

SETTLEMENT

The lands are already settled with 372 homes, several small towns and church and school facilities for each system, the present taxable value being about $5,000,000 and the average farm unit about 100 acres.

The CHAIRMAN. We will adjourn until to-morrow morning at 10.30, when Doctor Mead will be present.

(Whereupon, at 12 noon, an adjournment was taken until tomorrow, Wednesday, January 13, 1926, at 10.30 a. m.)