Then, also, an Associated Press report released from Williston, N. Dak., by Senator Milton Young, February 13:

"WILLISTON, N. DAK. (AP).-Senator Milton R. Young, visiting in Williston for 2 days during a tour of the State, said today he was 'very happy' that a solution had been found 'which will provide full protection to the city of Willis. ton, and at the same time in no way alter construction plans of the Army engi neers for Garrison Dam.'

"Engineers have assured me,' the Senator said, 'that under terms of the amendment adopted by the House last week, work may not only move ahead promptly on the building of the dam, but there will be no necessity of making any alterations in their plans.''

Also a portion of a press release from Bismarck, February 8:

"BISMARCK (AP). The clause attached to the appropriation bill for the Garrison Dam limiting the normal maximum operating pool elevation is acceptable,' Gov. Fred G. Aandahl said today in commenting on action taken by the House Appropriations Committee which approved the clause Wednesday.

"It differs from the clause which was added to the supplementary appropriation bill last December,' the Governor added, 'which limited construction of the dam to 1,830 feet.'

"If the bill as now written is approved by Congress we can then proceed immediately in construction of an 1,850-foot dam. A sufficient differental above the 1,825-foot spillway for flood control is authorized in the bill and a redesigning of the spillway with additional expense will not be necessary.”

One important factor in consideration of this amendment should not escape the attention of this committee. By terms of the Flood Control Act of 1944, it was intended that basin-wide development of the Missouri River should proceed in full and complete coordination of the participating Federal agencies, particularly the Corps of Army Engineers and the Bureau of Reclamation who would be constructing the numerous multiple-purpose dams. Mr. Chairman, these two agencies are in full accord in plans for the Garrison Dam insofar as the physical features of the structure itself are concerned. But the only agreement they have ever actually reached on the pool level is that recorded in Senate Document 247, which was incorporated in the Flood Control Act of 1944. That part of this Document referring to development between Fort Peck and Sioux City is found in paragraphs 7, 8, and 9 which are as follows:

7. The plan presented in House Document 475, Seventy-eighth Congress. second session, contemplates the construction of five additional multiple-purpose reservoirs on the main stem of the Missouri River for flood control, navigation, irrigation, power, domestic and sanitary purposes, wildlife, and recreation as shown in the following table:

"The plan also provides that as soon as substitute storage is built on the main stem of the river, the Fort Peck Reservoir will be operated as a multiple-purpose reservoir primarily in the interest of irrigation.

"8. The plan presented in Senate Document 191, Seventy-eighth Congress, second session, contemplates the use of Fort Peck Reservoir primarily for irrigation purposes, also for navigation, flood control, silt control, and power, and the construction of main-stem reservoirs to be operated for flood control, irrigation, navigation, power, silt control, and other purposes, as follows:

"Senate Document 191, Seventy-eighth Congress, second session, also includes four inland reservoirs to assist in regulating the water diverted from the main stem and the irrigation of 2,292,900 acres of new lands in the Missouri RiverFort Peck to Sioux City subdivision.

"9. After full discussion of the various features of the two plans in this subdivision the following main-stem reservoirs were recommended in the joint engineering report in order to more fully utilize the water resources of the basin and to most effectively serve the present and ultimate requirements of flood control, irrigation, navigation, hydroelectric power, and other uses.

"The final storage capacities to be selected for the above reservoirs will be jointly agreed upon after more detailed plans and cost estimates have been made." Now that provision should be noted particularly at the end of paragraph ? which reads:

"The final storage capacities to be selected for the above reservoirs will be jointly agreed upon after more detailed plans and cost estimates have been made." || When Harry Bashore, former Commissioner of the Bureau of Reclamation was testifying before the House committee January 21, was asked by Congressman Case:

"Have you had any meeting for the purpose of reaching any joint agreement on those capacities following further surveys?" this was his reply:

"To this extent, Mr. Case: We agreed on the maximum height of construc tion at 1,874. As to the initial operating stage, that is a matter that is before this committee today and I think it is impossible for anyone to say what the final operating stage will be.

"Mr. CASE. But there has been no later agreement or formal agreement of any sort?

“Mr. BASHORE. No; as to to the height of the initial operating stage? "Mr. CASE. As to the capacities for the several dams as contemplated in the fina' language of this paragraph I just read.

"Mr. B-sho ̈E. That work is still going on. There is no modification of anything that is in that report."

Now, Mr. Chairman, the simple facts are that the report referred to by Com missioner Bashore, in which he said "no modification" had been made provided for a storage capacity in Garrison of 17.000.000 acre-feet. That storage can be provided with an 1,830-foot normal operating pool level. That is specifically what this amendment calls for.

In other words, operating under, terms of this amendment, the storage tually agreed on by the engineers and the Bureau of Reclamation could be secured. Since no modification has been made by these agencies, then we co tend that this amendment fully complies with the terms of the Flood Contrei Act itself, and in no manner abrogates it.

The interagency committee also considered this matter. This group, made up of representatives of the four participating Federal agencies in the basin together with four State governors, meeting in Omaha last August, formally agreed that the Garrison Dam should be built to permit an operating pool level of 1,850 feet, but no change was made in the initial agreement between the Bureau of Reclamation and Army engineers providing for 17,000,000 acre-feet of storage, and it was definitely understood that the final storage capacity would be determined later jointly by these two agencies.

Bureau of Reclamation officials including the Commissioner, have repeatedly urged operation of an 1,830-foot pool level (precisely in accord with terms of this amendment) until experience demonstrates unquestionable need for a higher level. In verification of this statement I should like to refer you to the following testimony:

House hearing, pages 215 and 216, part 2, first deficiency appropriation bill for 1946: Testimony of Commissioner Harry Bashore.

House hearings, pages 835 to 847, War Department civil functions bill for 1947: Testimony of former Commissioner Bashore and W. G. Sloan, designer of the Sloan plan embodied in the Flood Control Act, 1944.

Then before the Senate subcommittee on the deficiency appropriations in December William Warne, Assistant Commissioner of the Bureau of Reclamation, said:

"Garrison Dam is one of those structures authorized in the Flood Control Act for construction by the Corps of Engineers as a part of the combined comprehensive plan for the Missouri River Basin. We had consultation with the corps when our so-called interagency river basin committee out in the Missouri River Basin, and had arrived at an agreement that the elevation of the pool for operation purposes should be 1,830 feet in elevation. Now, that is of record in the interagency river basin committee meeting minutes at the present time.

Mr. Chairman, officers of the Army engineering staff charged with responsibility of carrying out this Missouri Basin program and of constructing this particular project, have stated they would be able to effectively proceed with construction under terms of this amendment. General Wheeler has said it would require no changes in existing blueprints. The amendment has the endorsement of the Bureau of Reclamation. It complies with understandings reached by the interagency committee.

It has been further indicated that engineers were confident they could find a permanent solution to the problem that would completely satisfy the people of the Williston area. That fact, coupled with the fact that the 1,830-foot pool level is the only one up to this time in which the Corps of Engineers and Bureau of Reclamation are in complete accord, would seem to fully justify the approval of the restriction.

When and if the Bureau of Reclamation and the Army engineers determine unitedly that the higher operating pool level is necessary to provide all the benefits sought and when they are able to satisfy the Congress as to the need and feasibility of the protective works offered, we shall be ready to accept those findings. Until that time however, we believe we are fully justified in seeking security for our people through the Congress which this amendment affords.

Mr. POLK. I have here, also, a few telegrams which I would like to insert into the record at this time.

Senator THOMAS. Without objection, they will be inserted. (The telegrams are as follows:)

GARRISON RESERVOIR, N. DAK.

TELEGRAMS IN SUPPORT OF OPERATION OF DAM AT 1,830 POOL ELEVATION

COLUMBUS, N. DAK., March 4, 1946.

Senator KENNETH MCKELLAR,

Washington, D. C.:

We favor building Garrison Dam to possible operating level of 1,850 feet, with limitation of 1,830 feet, until need for higher water level is shown necessary. COLUMBUS ASSOCIATION OF COMMERCE, H. T. SWENSON, President.

Senator KENNETH MCKELLAR,

Washington, D. C.:

KENMARE, N. DAK., March 2, 1946.

Kenmare Association of Commerce strongly urges the building of Garrison Dam at 1,850 feet, with operating pool level limited to 1,830 feet, until further investigation warrants higher level.

D. J. HALLIDAY, President.

NOONAN, N. DAK., March 1, 1946.

KENNETH MCKELLAR,

United States Senate, Washington, D. C.:

Noonan Booster Club favors 1,830-foot pool level for Garrison Dam.

Honorable KENNETH MCKELLAR,

EVERET A. JOHNSON, President.

BOWBELLS, N. DAK., March 1, 1946.

Senator, United States Senate, Washington, D. C.:

We favor legislation limiting a maximum operating pool of 1,830 feet above sea level to be formed by the Garrison Dam as this will give the greatest benefits when everything is considered. Urge your committee to favor passage of legislation limiting the operating pool to this level.

BOWBELLS COMMERCIAL CLUB,
SUMMERS.

GARRISON RESERVOIR, N. DAK.

SUPPORT HOUSE LIMITATION ON OPERATION OF DAM

Senator THOMAS. If you will, we would like for you to make an extemporaneous statement, as full as you care to, to set forth to the committee just what you would like to submit.

Senator GURNEY. I would like that to be more than filed. I would like that to be printed in the record at this point,

Senator THOMAS. Yes; I understand it is to be made a part of the record in connection with your appearance before the committee.

Mr. POLK. I was just trying to save the committee's time, Mr. Chairman. Naturally, I am supporting the amendment as adopted by the House. Now there has been quite a little controversy over this par ticular amendment. Unfortunately, when it first passed the House, it was worded in such a way that it was construed to apply to the con struction of the dam itself, the physical structure; which would have limited the height of that dam to some 1,830 feet.

That was not the intention of our Representatives in Congress, who were sponsoring this amendment, but came about through a parliamentary situation in the House.

Then it was corrected, but the wrong impression had been given, and the chief opposition which consequently came was because of the limi tation of the construction of the dam itself. We were successful in pointing out to the Senate subcommittee on the deficiency appropriation measure that that was not our intention, and as you perhaps will recall at that time it was thrown into conference and finally left to be disposed of, or taken up again, with the regular appropriation bill. Now it has come through the House again and is in a revised form. revised to this extent: That the word "normal" has been placed in the amendment, which we understand from the engineers, from testimony

that is on record in the House hearings, allows the fluctuation of some 5 feet for emergency floods.

Therefore, we think our ground is much more tenable now in giving the Army engineers an amendment which will eliminate their objections. As I understand it, they have no serious objection to the amendment as it now stands. We are particularly anxious, because we want to be absolutely assured beyond any question, of protection up there until such time as, by experience, it is shown that it is necessary to operate this pool at a higher level than 1,830 feet in order to extend all the benefits that are sought in the project.

Senator THOMAS. Any questions?

Mr. POLK. Of course, one thing too, which I have covered in my prepared statement, but I would like to just touch on briefly, and that is that while formerly the Governor of our State and the State water commission were opposed to the amendment, and also our junior Senator, now, through its modification, which I have just mentioned, we are in complete accord in our State. Then too, there is the point that Congressman Burdick mentioned, and which I do not think can be stressed too strongly. That is that the only actual agreement which has ever been reached by the Bureau of Reclamation and the Army engineers was a storage capacity providing for 17,000,000 acre-feet. There has never been any change since that time, as the records in the testimony in the House will, I am sure, show.

Now then, that storage capacity of 17,000,000 acre-feet, with the word "normal" inserted, will be provided by an 1,830-foot pool level. Senator THOMAS. As I understand it, the amendment is now in the bill as it came from the House.

Mr. POLK. Yes, sir.

Senator THOMAS. And you desire that that be not disturbed or changed?

Mr. POLK. That is correct.

Senator THOMAS. Are there any questions from the committee?
We thank you for your statement, Mr. Polk.
Senator LANGER. Mr. Eugene Burdick?

GARRISON RESERVOIR, N. DAK.

STATEMENT OF EUGENE A. BURDICK, WILLISTON, N. DAK.

FAVOR HOUSE LIMITATION ON OPERATION OF PCOL ELEVATION

Mr. BURDICK. Mr. Chairman, my name is Eugene A. Burdick.
Senator THOMAS. Where do you reside?

Mr. BURDICK. I reside at Williston. I am an attorney and was city attorney of the city of Williston, during the 6 months when this was most active.

I too was interested in conserving the time of the commitee, and Mr. Polk has touched upon the explanation which I intended to make regarding the language of the proviso and how the word "normal" got in, and the purpose of the word. The original limitation referred to a pool level of 1,830 feet, a maximum pool level of 1,830 feet above sea level. At the suggestion of General Wheeler here last December, when the subcommittee of the Senate considering the deficiency ap