ment and the Millikin amendment, as combined, and I read those on the train coming down. So that I am simply not in a position to go into the questions raised or into the merits of these two bills. I will shy off of that. I don't care to be cross-examined on that because I just simply won't know. Not having read these two bills, I don't care at this time to discuss, as I said a while ago, the merits of those bills. Let me begin, if you will gentlemen, by suggesting that we live on the Big Horn River, one of the main tributaries of the Yellowstone River, the Yellowstone being the most important tributary of the Missouri River. Senator OVERTON. Will somebody point out on the map just where that reservation is? Senator ROBERTSON. Just inside of the Montana line. (Mr. Yellowtail indicated the Crow Indian Reservation on the map.) Mr. YELLOWTAIL. Now, as I look at the map and listen to the discussion here, I cannot help, Mr. Chairman, just by way of deviation, but tell you that the entire area you are discussing here not long ago was Indian territory. The Big Horn River and the Little Horn River are still on the Crow Indian Reservation. The Big Horn River is one of the main stems of the Yellowstone River and flows into it at the town of Big Horn, northeast of Billings about 30 miles. As I look at the map I am reminded of the fact that in 1868, and before that in 1851, if you please, the Crow Indians entered into a treaty with the Government. The north half of Wyoming and the south half of that part of Montana up to the Missouri River was all Crow territory. The Indians by cession reduced their tremendous empire of thirty-eight million five hundred and some-odd thousand acres to two and a half million acres, in round numbers. And what we now occupy is the last piece of territory that we hold by treaty. In the treaty of 1868 the Government and the Crows agreed-concluded an agreement whereby the waters were reserved to the Crow Indians. That treaty still stands today. Senator OVERTON. That is the waters of the Big Horn? Mr. YELLOWTAIL. The waters of the streams on the Crow Indian Reservation. When we ceded those areas, those waters went along with it, the _Yellowstone River. Our friends from Cody, Wyo.—that was Crow Indian territory. Yellowstone National Park was Crow territory. The Crows have done their share toward giving everybody, all their neighbors, a chance to carve out good homes, with land, water, timber, coal and gold, and all those things. Yellowstone Park was part of our donation. So that I think, as far as the record of the Crows, they have done their part and are still doing it right now; our boys are in the Army in all parts of the world, and in the invasion that is going on in France. I think that the Indian record in general is tops; our boys are doing everything to protect our flag; and here is what I wish to suggest, in return surely the Indians expect at least from the Congress here-this is one of our courts of last resort-we expect when Congress considers legislation in which Indian rights are involved they are going to treat the Indians kindly and with some consideration, bearing in mind what the Indians gave up. I wish to put that thought over and leave it with the Senators here, so that when you discuss this on the floor of the Senate you are not going to lose sight of that friendly suggestion on the part of the Indians and the white men of the United States. Now, then, those waters being reserved by treaty, we came along up here and afterward in a Montana case, Winters v. United States Senator OVERTON. Can a copy of that treaty be obtained and admitted to the record? Mr. YELLOWTAIL. The treaty of 1868? Senator OVERTON. The treaty to which you refer. Mr. YELLOWTAIL. Yes; I will turn that over to the committee. Senator OVERTON. Have you a copy of the treaty here? Mr. YELLOWTAIL. No; but I will have Senator Wheeler give it to you if that will suit you. Senator OVERTON. Well, I suppose the State Department has it. Mr. YELLOWTAIL. The Indian Department will have it. Mr. Wathen will get it for you. Senator OVERTON. Is it a very lengthy treaty? Mr. WATHEN. I will furnish a copy of the treaty. Senator OVERTON. Is it a very lengthy one? Mr. WATHEN. We will take it out of Catler's Volume of Treaties for you. Senator OVERTON. All right. If it is too long, some reference can be made to it and it will be accessible. Mr. YELLOWTAIL. I think you can just print probably in the record those parts that are applicable here. I think it will be only a paragraph or two, so that it won't take much space. Now, then, we come along secondly with what is known as Winters v. United States, that is, 207 U. S., page 564. The question of water arose as it is arising here today, in connection with use by the Indians and the cities on the Milk River, and the court decided then that the water was reserved to the Indians sufficient to irrigate their agricultural lands, et cetera. That is an old case that is being cited regularly in questions of water disputes as far as the Indians are concerned. The Supreme Court came along, in Winters v. United States, to support the stand of the Indians that the water was impliedly reserved for the Indians whenever they needed it for agricultural purposes. It was theirs forever. It was pointed out at that time that the Indians didn't know much about irrigation. The Court said, very true, the Indians cannot be expected to know the arts of animal husbandry and farming in all of its technical phases as the white man does and it is necessary that the Government give support and protection to the Indians. It stands today as one of our basic decisions whenever cases of this kind arise. Then we come to a Crow Indian case which was decided in the October term of the Supreme Court in 1938, a rather recent case, known as United States v. Powers. At that time the United States Supreme Court said, in sum and substance, that the rights of the Indians to the waters flowing through a border of the reservationthat the Indians enjoyed a superior right-I will put it that way, to the streams on the reservation for irrigation purposes. Second, that the land and the water belonged to the Indians all the time by the treaty of May 7, 1868; third, that that was a grant from the Indians to the United States, not from the United States to the Indians. Fourth, that if Congress abrogates the treaty, then all the land and the water still belongs to the Indians. Fifth, that Congress cannot disturb the vested rights. That decision is found in Choate v. Trapp, 224 U. S. 615 to 674. Sixth, that the adjudication of water rights is a matter for the court and not Congress. Under the Powers case the lands of the Crow Indian Reservation have the first use of the Big Horn and Little Big Horn Rivers that flow through their reservation. This is a right superior to that of the Reclamation Service, the Army engineers, or the United States itself. When we come to the question of vested rights, to support those we have a host of citations, but I will only cite one of those, and that is Choate v. Trapp. I am not going to say very much more because I have to catch a train at 5:45 and I have some work to do at the Indian Bureau, but I simply want to say that the Crows are not here in an attitude of challenging anybody here. The Crows are submitting rather meekly up here to the good judgment and the kind judgment and the fair dealings that I know that the United States Senate and the Congress in the other wing of the Capitol will certainly see to it that the Indians of he United States will receive. That when this question comes up, of the division of the waters of the Missouri River in a vote-I heard you say a while ago that you wanted to do that before this session is ended-this other Crow delegate here and I will proceed home and we will not hesitate to tell the Crows in tribal council that they have nothing to worry about; the Commerce Committee has held hearings up here and certainly will not recommend to the Congress anything rash in violation of your treaty rights, your vested rights, and the rights that the Supreme Court of the United States has set up-that that is not going to be even thought of. In that connection, Mr. Chairman, I come to the last point— Senator OVERTON. Before you get to the last point: Have the Crow Indians been deprived as yet of the use of any waters to which they are entitled? Mr. YELLOWTAIL. Yes and no. Senator OVERTON. Well, what is the yes? it first. Let's get the yes part of Mr. YELLOWTAIL. The yes part of it is that we are having constructed in Wyoming, off the reservation, in the Big Horn Basin, south of the Big Horn Mountain Range, many diverse plans by the Reclamation Service that, if used to the fullest extent, would leave the Big Horn nearly dry in a short-water season and the normal flow of the Big Horn River will not come through the mountains into the Indian reservation. We have that question to contend with and that is a question I will take up with the Reclamation Service through Senator Robertson of Wyoming at some future time. That is the yes part of it. Otherwise, no. So, we are not hurt yet. We are just making a timely plea here with the Members of Congress not to forget us whenever this question is being considered in the halls of Congress up here. There happen to be some Crow Indians with which the Government treated in 1368. They gave up vast territory. They cut down a nearly 39-million-acre reservation to two and one-half million. What water they have got they would like to be protected. I think that is a fair request to make. It is a fair statement to make before you gentlemen that are sitting here making the laws of our country. I come to this last statement: Considering the importance of the use of the water all down the line from where it arises in our State at Bozeman, and up on the main stems of the Big Horn and the Yellowstone, our problem, as has been explained here by all the speakers that have preceded me is one of irrigation and without the water stored some place that we can use, we will be in a very bad position. Our business in Montana and Wyoming is beef production. Everything is incidental to that. If we don't have the water_to sustain irrigated fields in which to produce grain to support that livestock business in which we are also engaged, we will be unable to carry on. The Crow Indian Reservation is one of the fertile grazing spots of the country. We raise a lot of cattle there. We have over 110,000 sheep there at the moment, and something like 75,000 head of cattle. If our water is tied up in connection with this Missouri River water usage question, then of course we suffer. Then I want to politely point out that I think we have some consideration coming to us here by reason of these things I suggested a while ago, but I hope those things will not be necessary. In following that up it leads me to say that the amendments by Senator Millikin and Senator O'Mahoney, another friend of mine, who lives at Sheridan, seem very appropriate and aimed at the welfare of the upper reaches of the Missouri River territory. With that short statement, I think the Crows are through. Senator OVERTON. Now, Mr. Yellowtail, I feel, as chairman of this subcommittee, I ought to point out to you that the O'Mahoney amendment and the Millikin amendment do not provide any representation in the attempt of the coordinated efforts of the Indian tribes or the Crow Indians. From your statement I take it you would certainly think that you, belonging to the first settlers to whom all this domain at one time belonged, ought to have some representation in the plan or consultation or coordination. It includes the Governors of the States but not the Indian tribes. Mr. YELLOWTAIL. That was part of our mission here. We thought if it was necessary we might either submit some written suggestions as to additions to these amendments that might more closely safeguard our interests, if you Members of the Senate think it advisable. I thought perhaps you gentlemen would take care of our interests anyhow. Senator OVERTON. We are not going to do anything that is going to militate against your interests, I assure you. Mr. YELLOWTAIL. Thank you very much. to hear. Senator OVERTON. We will not do that. That is what we wanted Mr. YELLOWTAIL. Then I don't think an additional amendment is necessary. Senator OVERTON. I don't think so. Senator MILLIKIN. Mr. Chairman, just in the interest of the record I should like to suggest that both amendments bring the matter into C0479-44-40 the Department of the Interior, and the Secretary of the Interior is charged with looking after the welfare of the Indians. Senator OVERTON. He doesn't seem to be doing so very well. Senator MILLIKIN. His representative has been here today and I thought he did very well. Senator OVERTON. Mr. Yellowtail says that the only invasion, or potential invasion-thus far of their water rights is through the Bureau of Reclamation. So I say that putting them in the hands of the Bureau of Reclamation or the Governors of the States may not help them much. Senator MILLIKIN. I should like to suggest also, Mr. Chairman, that both amendments provide priority of water use for beneficial consumptive use. Unless there is priority, unless there is water reserved for that purpose, then there is nothing to provide for the Indian. I suggest that is a measure of protection for their interest. Senator OVERTON. Very well. We have taken the Indian's land but we won't take all his water. All right, Mr. Yellowtail, your plea will have sympathetic consideration. Mr. YELLOWTAIL. Thank you. Senator ROBERTSON. Mr. Chairman, I would like Mr. Frank Yarott to stand up. He is not going to make a statement but I want you to know he is here representing the Crows. Mr. Whiteman was also to be here, but he is detained at the Indian Affairs Department and couldn't get here. Mr. YELLOWTAIL. I just want to shake your hand, Mr. Chairman. Senator OVERTON. I congratulate you on your statement. You made a good statement. Mr. YELLOWTAIL. Thank you. I will sleep good tonight. Senator OVERTON. Who is the next witness? DELAWARE RIVER BASIN STATEMENT OF JOHN BOARDMAN, REPRESENTING INTERSTATE COMMISSION, DELAWARE RIVER BASIN Mr. BOARDMAN. I am John Boardman, from the Interstate Commission of the Delaware River Basin. Senator OVERTON. You are not on the list, are you? Mr. BOARDMAN. No, sir; I believe I was on the list to appear this morning. I am reading a statement for Mr. James H. Allen, chief engineer and secretary of the Interstate Commission on the Delaware River Basin. Senator OVERTON. Is it necessary to repeat it? I wonder if it can be submitted for the record, because the flood-control committee will probably want to read it, too. Mr. BOARDMAN. I have really made a trip down here especially to read it into the record. Senator OVERTON. All right. You may have the privilege of doing so. Mr. BOARDMAN. The Interstate Commission on the Delaware River Basin is a joint and official government agency of the States of New York, New Jersey, Pennsylvania, and Delaware. It was created in |