The Chief of Engineers has worked out a comprehensive plan in which the city and the districts concur, for the control of the flood waters of this river, and have presented it as a cooperative plan of construction, the consummation of which plan is provided for in the bill you have under discussion. The city and the districts being conscious of the enormous potential damage to the rich delta lands from uncontrolled floods of the Tuolumne River, are moved to advance their normal construction program. It is our contention that such cooperation will result in the saving of money by both the Federal Government and the local agencies.

It is fundamental that this river can be developed more economically by cooperative building than by each party developing its interest separately. The city and the districts own all the appropriative water on this stream, and they are developing all of this water in a normal and economical way. There is no need or room for other individuals or agencies to construct independently or to operate any additional facilities.

The city of San Francisco has already expended $143,000,000 in the development of its rights on this stream, and as an auxiliary thereto has expended an additional $60,000,000 in acquiring and improving a local water supply and distribution system in and near the city of San Francisco. The irrigation districts have expended over $30,000,000 in developing their interests on this stream. Both parties stand ready and willing to expend any additional sum that may be required to further their respective interests.

The participation by the War Department in expending the nominal sum of about $10,000,000 for interim flood control pending the completion of the ultimate development of the Tuolumne River by the city and the districts must be considered in the light of the tremendous investments already made by local interests. The engineers for the War Department have justly approved the contentions of the city and the districts that the operation of the resources of the Tuolumne River for domestic water supply, for irrigation, for electric power and for flood control, should be controlled and operated by local interests whose rights and investments are paramount in this area.

In the matter of flood control the city and the districts are willing to build new facilities and to operate these and all of their existing structures, in accordance with rules and regulations laid down by the War Department, providing, of course, that the contribution proposed to be made by the War Department for future development of this stream would be adequate for the additional expense necessary to provide for such flood-control facilities and the operation of all these facilities.

Before the House Committee on Flood Control I stated that approval of the report of the Chief of Engineers by the districts and the city was made upon the reservation—

that nothing be written into any legislation concerning the Tuolumne River which would empower any agency of the Government to operate or maintain parts of the properties existing or to be built.

By this is meant that there is no room for any other parties on the Tuolumne River and that greater participation than that proposed by the Chief of Engineers will be vigorously opposed.

The principal reason for this is that the average flow of the Tuolumne River over a twenty-one year critical period was 1,500,000 acre-feet.

The districts and the city require for their needs 1,550,000 acre-feet divided to the districts' 1,100,000 acre-feet and to the city's 450,000 acrefeet. In order to insure this latter amount of water at all times the districts will require ultimately a storage capacity of 500,000 acrefeet and the city of 1,300,000 acre-feet.

It is thus obvious that the requirements of the city and the districts involve the utilization of every drop of water flowing in the Tuolumne River and that there is no water available for any other development. It may also be mentioned that the water will be put to the highest beneficial use, that of domestic water supply and irrigation.

The plans of the districts and the city contemplate the full development of the power potentialities of the Tuolumne River. They have need for and are entitled to every kilowatt-hour of energy that can be developed.

The city is developing its domestic water supply from the Tuolumne River source under a grant of Congress known as the Raker Act. This act also recognizes and defines certain rights of the Modesto and Turlock irrigation districts. The city and the districts have built and will continue to build their water supply facilities in accordance with this act of Congress. The act practically limits the use of the Tuolumne River to these agencies. Expenditures by the city pursuant to the requirement of the Raker Act which the city has attempted with proper diligence to meet, preclude any action by the Federal Government which would depreciate the city's development.

The Bureau of Reclamation has instigated in its revised plans on the Central Valley plan for furnishing irrigation water for some 500,000 acres of arid land on the west side of the San Joaquin River south of Mendota with water from the Tuolumne River and other east San Joaquin Valley streams. This is practically the first time that local interests have ever heard of that particular plan. Prior plans from our point of view constituted use of the Shasta Dam water in that Mendota area. It is surprising to us that the Bureau should now seek to take the waters of local interests, whose right to the waters of the Tuolumne River have been acquired by an act of Congress and due process of law. This is an attempt to substitute local water for water originally contemplated as coming from the Sacramento River.

Under this plan the Bureau of Reclamation would acquire control of the new and enlarged Don Pedro Dam on the Tuolumne River, which dam is a feature of the comprehensive plan on which the districts and the city have been working for years, and which the Chief of Engineers now proposes to utilize for flood control. For the reasons mentioned before the city and the districts specifically object to the plan of the reclamation service relative to the Tuolumne River.

In summary, the position of the city of San Francisco and the Modesto and Turlock irrigation districts on the proposal of the Chief of Engineers is as follows:

First, the districts and the city concur in the proposal of the Chief of Engineers for flood control on the San Joaquin River and specifically as it relates to the Tuolumne.

Second, the districts and the city are using the waters of the Tuolumne River cooperatively and are bound by agreement to a comprehensive plan for the full development of this river and are willing to change their operation and plans for construction to provide the flood control desired by the Chief of Engineers.

Third, the districts and the city have need for and will utilize all the water and electric energy available from the Tuolumne River under the terms of an act of Congress.

Fourth, the districts and the city are opposed to and are prepared to fight against any agency using the water or power available from the Tuolumne River in any manner adverse to their acquired interests.

Fifth, the districts and the city have expended huge sums of money in acquiring and developing their utilities and are entitled to every consideration in the protection of their interests.

Sixth, the city and the districts realizing the needs for flood control in the San Joaquin recommend approval by the Congress of bill No. 4485 of the House of Representatives.

(The referred to statement in support of legislation pertaining to flood control of the San Joaquin River and its tributaries is as follows:)

STATEMENT IN SUPPORT OF LEGISLATION PERTAINING TO FLOOD CONTROL OF THE SAN JOAQUIN RIVER AND ITS TRIBUTARIES IN CALIFORNIA, WITH PARTICULAR REFERENCE TO THE TUOLUMNE RIVER

(By San Francisco Public Utilities Commission, Turlock irrigation district, and Modesto irrigation district)

The Flood Control Committee of the House of Representatives, Judge Will M. Whittington of Mississippi, chairman, has under consideration a report to the Secretary of War made by the Chief of Engineers, War Department, recommending certain flood control on the San Joaquin River and its tributaries in California which includes the Tuolumne River.

The city of San Francisco (herein referred to as "the city") and the Turlock irrigation district and Modesto irrigation district (herein referred to collectively as "the districts") have extensive interests on the Tuolumne River, and this statement is made with the approval of the San Francisco Public Utilities Commission and the board of directors of each of the districts, these bodies having jurisdiction over their respective properties on this river.

The interest of the ctiy in the waters of the Tuolumne River dates back to 1901 when appropriations of water were granted to it by the State of California on the Tuolumne River, Eleanor Creek, and Cherry River. These appropriations, together with the extensive rights of the districts on the Tuolumne River and its tributaries, dating from 1877, encompass all of the appropriative waters of the Tuolumne River above the La Grange powerhouse.

The use of these waters by the city and the districts is prescribed by the Raker Act (or Hetch Hetchy) and under the requirements of this act of Congress and through cooperative agreements these agencies are making the fullest utilization of this river.

The investment of the city as a result of the construction of the Hetch Hetchy water supply and power project totals, as of June 30, 1943, the sum of $143,OCO 000. In addition, the city has expended some $60,000,000 in acquiring and improving a local water supply and distribution system in and near the city. The irrigation districts have expended about $30,000,000 in developing their interests on the river for power purposes and for the irrigation of about 266,000 acres of farm land in the great San Joaquin Valley.

Attached is a map showing the properties of the city and the districts and the relative location of the Tuolumne River to the San Joaquin River and San Francisco Bay. This map also shows present and proposed reservoirs.

Briefly the Hetch Hetchy project (exclusive of the local properties) consists of the following: Two major storage reservoirs; four diversion or regulating reservoirs; 66 miles of tunnels, over 10 feet in diameter; 71 miles of pipe lines, 60 inches in diameter; one powerhouse of 80,000 kv.-a. capacity; one powerhouse of 3,000 kv.-a. capacity; 100 miles of steel tower transmission line. The major storage reservoirs are the Hetch Hetchy with a capacity of 340,000 acre-feet and Eleanor Reservoir of 26,000 acre-feet capacity.

The Modesto irrigation district contains 81,203 acres of land of which about 76,000 are irrigated and the Turlock irrigation district contains 185,000 acres of land of which 170,000 acres are irrigated. The districts have three main

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reservoirs, the Don Pedro of 290,000 acre-feet capacity, the Dallas-Warner of 30,000 acre-feet, and the Owens of 40,000 acre-feet The distribution system consists of several thousand miles of canals, laterals, and ditches. Two powerhouses are installed, one at La Grange of 4,300 kv.-a., and one at Don Pedro of 37,000 kv.-a. capacity. Power is distributed directly to 22,000 consumers by the districts over their own transmission system.

The irrigated lands of these districts are among the richest in the State of California producing the following crops: 52,300 acres of fruit trees and vines; 185,100 acres of hay, grain, and legumes; 950 acres of melons; 7,650 acres of miscellaneous crops.

The area of the watershed above the city's dams is 713 square miles and above the districts' dams (but below the city's watershed) is 797 square miles, or a total of 1,510 square miles. The Tuolumne River is the largest tributary to the San Joaquin River. Is effect on the San Joaquin River is obviously great, hence control of the floods of the Tuolumne River is necessary to prevent damage on that river and also on the San Joaquin River below the confluence of these rivers. The principal reservoirs now in operation on the Tuolumne Watershed have a total capacity of about 726,000 acre-feet. It is the city's and the districts' ultimate program to increase the above capacities, either by enlargement or new construction, to a total of about 1,800,000 acre-feet.

The taxpayers of the city and districts have expended large sums of money in developing storage facilities on the Tuolumne River. The operation of these storage facilities now provides a high degre of flood control and to this extent these taxpayers have already made a substantial contribution for flood control to all the people of the State of California. Present structures are insufficient to provide ultimate flood control as prescribed by the United States Army Engineers and such additional facilities as are necessary to provide ultimate flood control in the contemplated future development by the city and the districts, should be compensated for by the Federal Government to the extent of the flood protection provided.

Under date of May 25, 1940, the district office of the United States Army Engineers prepared a report on flood control of the San Joaquin River, including the Tuolumne River. In this report the district engineer recommended the construction of a dam on the Tuolumne River known as the Jacksonville Dam and for which the Army engineers had contemplated spending about $10,500,000. In subsequent conferences it was pointed out to the United States Army Engineers that the construction of the Jacksonville Reservoir would seriously interfere with, if not entirely defeat the plans of the city and the districts for the orderly development of the Tuolumne River and that the storage necessary for flood control could be obtained more economically by cooperating with the city and the districts in constructing the New Don Pedro Reservoir or other suitable reservoirs in the Tuolumne Basin than by independently constructing the Jacksonville Reservoir. At these conferences the relations of the city and the districts were defined to the United States Army Engineers who were given copies of the formal agreements between the city and the districts dated February 29, 1940, and November 22, 1943, the substance of which provided that the city and the districts will cooperate in the development and operation of the water resources of the Tuolumne Basin, for conservation the flood control.

In view of the representations of the city and the districts, the United States Army Engineers revised their recommendation, which revision was accepted by the Chief of Engineers and was so reported to the Secretary of War. The substance of the revised recommendation is contained in the report of the Chief of Engineers to the Secretary of War now under consideration by the House Flood Control Committee, a copy of which is attached.

In section 15 b, page 7, the Chief of Engineers recommends as follows: "That in lieu of the construction of the proposed Jacksonville Reservoir an expenditure, to the extent justified by proportionate benefits for flood control, estimated at $5,800,000 for the equivalent of 320,000 acre-feet in Jacksonville Reservoir, be authorized toward the first cost of the proposed New Don Pedro Reservoir or other suitable reservoirs in the Tuolumne Basin, provided that local interests construct, maintain, and operate the dams and reservoirs, allocate storage for flood control and agree to operate such storage in accordance with rules and regulations prescribed by the Secretary of War."

The plan as recommended in the Chief of Engineers' report just quoted provides for flood control as a part of the orderly economic development of the water resources of the stream and for this reason the city and districts advocate the approval of this plan.

The economic loss from floods of the San Joaquin River and its tributaries is established in paragraph 4, page 2, of the above-mentioned report to the Secretary of War. The city and the districts concur in all of the statements made, 'calling attention particularly to the fact that the need for flood control is urgent and immediate.

In fixing the justifiable expenditure for flood storage in the Tuolumne Basin at $5,800,000 the United States Army Engineers used only the cost of the Jacksonville Dam and appurtenances as a measure of the value of flood control on this stream after deductions were made for the estimated benefits for irrigation and power generation. It must be noted that all benefits assigned to the Jacksonville project contemplated the use of the existing facilities in the basin which are the property of the city or the districts, and no proper allowance has been made for such use. For this reason it is believed that the amount of $5,800,000 is insufficient compensation for the flood control benefits which the city and the districts will provide.

In concurring in the report of the Chief of Engineers, the city and the districts wish to retain the right to request an increase in the contribution for flood control, if studies now in progress by all parties indicate that such a higher contribution is justifiable. J. H. TURNER, Manager and Chief Engineer,

Hetch Hetchy Water and Power Department.

SAN FRANCISCO, CALIF.,
March 6, 1944.

Approved.

(Signed) E. G. CAHILL,

Manager of Utilties.

(Signed) R. V. MEIKLE,

Chief Engineer Turlock Irrigation District. (Signed) C. E. PLUMMER, Chief Engineer, Modesto Irrigation District.

Senator OVERTON. Thank you very much.

STATEMENT OF HON. BERTRAND W. GEARHART, REPRESENTATIVE, NINTH CONGRESSIONAL DISTRICT, CALIFORNIA

Mr. GEARHART. Mr. Chairman, I wonder if I could interpose to introduce the next witness who hails from the northern end of my constituency.

Senator OVERTON. Yes, indeed.

Mr. GEARHART. He comes as the chief engineer of the Modesto irrigation district, with authority to speak as well for the other great irrigation district immediately to its south, the Turlock irrigation district. These are public agencies which have been operating in California for many, many years, having been organized before the Bureau of Reclamation itself came into existence. These are two great districts which have made an outstanding success of the work, which they have organized and carried on among the people that these districts serve. So successful has been their work that they have been the districts in California to which all other persons similarly ambitious in their plans have pointed to as examples. Mr. Plummer himself, holding the distinguished position of chief engineer, has directed these affairs of one of the districts, the Modesto irrigation district, with such outstanding success that he has won the appreciation of all people who live in his great county of Stanislaus, a county which has been converted because of the successful operation of this district from a barren desert-like community into what might be described as a garden. He and his corporation have certainly made that section of our State bloom like a rose. I take great pleasure in introducing Mr. Plummer.