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Mr. DONDERO. But you have some personal interest and the matter has been called to your attention, has it not?

Mr. NELSON. Yes.

Mr. DONDERO. As far as the Bureau of Reclamation is concerned, has any information come to the attention of the Bureau that has changed the original agreement or understanding existing between the Bureau and the Corps of Engineers as to the height of that dam?

Mr. NELSON. Nothing has come to our attention since we entered into this understanding some years ago.

Mr. DONDERO. The reason you entered into that agreement was that it was considered to be a sufficient height at the time, that is at the 1.830 level.

Mr. NELSON. I suspect that I am repeating what has already been said before as to reasons for holding the elevation at 1,830 feet. I do not know whether the committee wants me to go further into that or not.

The CHAIRMAN. Just answer the question if you can.

Mr. DONDERO. Do you think the height should be changed at this time?

Mr. NELSON. We do not have information in the Bureau of Reclamation at this time to enable it to take a position as to whether the operating level of the reservoir should be permitted at 1,850 feet, and until we do have that information we are not able to take a specifio position on it. Some of that information may not be available, and possibly will not be available until the reservoir has been in operation for many years, because of the siltation situation in the upper end of the reservoir.

Mr. DONDERO. Was it the opinion of the Bureau of Reclamation at that time, when this understanding was entered into, that the height of 1,830 feet would be sufficient to supply the needs, so far as Reclamation was concerned?

Mr. NELSON. The storage of 17,000,000 acre-feet, which is approximately what would be provided for at the elevation of 1,830 feet, is included in the storage agreed upon between the Corps of Engineers and the Bureau of Reclamation, on which we are now basing our program for the Missouri Basin.

Mr. DONDERO. As far as the Bureau of Reclamation is concerned, there is no new information in your hands indicating that the height of the dam should be changed; is that correct?

Mr. NELSON. At the present time we do not have any information on the comparable benefits and losses for the two elevations. We do know that there may be and probably would be greater benefits from power production with the higher operating elevation; but at the same time we do not know what effect the higher level would have on the irrigation projects already constructed on the edge of the proposed Garrison reservoir, and on those projects which are contemplated.

Mr. DONDERO. Does the Bureau of Reclamation actually cooperate with the Corps of Engineers as to height before any change is made? Mr. NELSON. Yes; we try to reach an agreement with the Corps on the plans before any changes are made.

Mr. DONDERO, And no agreement or understanding has been reached subsequent to the one that was made when this project was initiated? Mr. NELSON. That is correct.

The CHAIRMAN. The agreement you speak of is the one set out in the document filed by the Bureau of Reclamation and contained in Document 257.

Mr. NELSON. The understanding reached with the Corps of Engineers at that time.

The CHAIRMAN. Yes; that is what is referred to in the Senate document before us?

Mr. NELSON. There is some correspondence with respect to this particular matter which does not appear in the document before you.

The CHAIRMAN. Just one other question: Is it not true that the elevation of 1,830 will provide substantially 2,000,000 more acre-feet than the 17,000,000?

Mr. NELSON. The 1,830 feet height?

The CHAIRMAN. Yes; the 1,830 feet would provide substantially 2,000,000 acre-feet in addition to the 17,000,000 estimated in this agreement?

Mr. NELSON. I believe the elevation of 1,830 storage capacity of the reservoir would be approximately 17,000,000 acre-feet, slightly below. The CHAIRMAN. Slightly below?

Mr. NELSON. Yes.

The CHAIRMAN. There are two other reservoirs authorized: One at Fort Randall and the other at Oahe; one authorized at $5,000,000 and the other $19,600,000, that are in the general vicinity, and to provide approximately 2,000,000 acre-feet. Is that correct?

Mr. NELSON. I do not know, sir.

The CHAIRMAN. The one at Fort Randall would provide an estimated acre-feet of 500,000, at a cost of $6,200,000.

Mr. NELSON. You are probably correct.

The CHAIRMAN. Thank you very much.

Mr. McGREGOR. Mr. Nelson, do you feel that the project being constructed is in line with the purposes and at the necessary water level as per agreement entered into between the Bureau of Reclamation, the Army engineers and the local people interested?

Mr. NELSON. Yes, sir, at the present time.

The CHAIRMAN. Thank you, Mr. Nelson.

The CHAIRMAN. Your next witness, please.

STATEMENT OF W. G. SLOAN, CHAIRMAN, MISSOURI BASIN INTERAGENCY COMMITTEE AND INTERIOR MISSOURI BASIN FIELD COMMITTEE

Mr. SLOAN. My name is W. G. Sloan. I am at present chairman of the Missouri Basin Inter-Agency and chairman of the Interior Missouri Basin Field Committee.

The CHAIRMAN. You are not with the Bureau of Reclamation?
Mr. SLOAN. I am not with the Bureau of Reclamation.

The CHAIRMAN. We will be glad to have you present any statement you desire to make.

Mr. SLOAN. I merely want to reiterate the general understanding that was had in the Inter-Agency Committee at their second meeting back in 1945, that before the final operation of Garrison Reservoir should be determined, it would be made under an agreement with the Bureau of Reclamation and the Corps of Engineers. We did not

have sufficient information at the time to definitely say what the operating level should be. It had been proposed to make it 1,850. In the agreement which I was a party to, as appears in Senate Document 247, we limited the operation of Garrison Reservoir to a capacity of 17,000,000 acre-feet, which at the time I considered to be in the vicinity of elevation 1,830. I felt at the time that this amount was sufficient for all flood control needs; and taken into consideration with all the rest of the Missouri Basin plan, that there was no necessity for any increased storage over that amount. I did feel, however, that because the Corps of Engineers felt that it should be higher, that a certain length of time should be allowed to study the effect of operation at 1,830 before it was operated at a higher level, and I have at all times proposed that for a period of at least 15 years, we operate it at 1,830 to find out what effect these operations will have on the land above the reservoir, which would be flooded if certain things occurred. I would like to point out one important consideration that I don't think has appeared in any of these documents and that is our uncertainty as to how high the silt will pile up in the upper end of the res ervoir when operated at a certain level. That is what we call aggradation. The elevation of the bottom of the river will rise above the elevation of the pool because silt will be deposited there, and we do not know how high it will build up. In some cases, we have records of as high as 20 feet above the operating pool. Now an elevation of 1,830. with an aggradation of 20 feet would put it at 1,850 around Williston, which would still put in danger the irrigation projects up there, without protection.

The CHAIRMAN. Do you have any further statement, Mr. Sloan? We went into that matter, but go ahead.

Mr. SLOAN. Now we have always understood that before any change in that operating pool was made, it would be fully discussed, not only with the Bureau of Reclamation, but with everybody else concerned'; so far as I know, that has not been done.

Mr. CHAIRMAN. How long has it been since you were connected with the Bureau of Reclamation?

Mr. SLOAN. I began with them over 12 years ago.

Mr. CHAIRMAN. How long has it been since you worked there? When did you leave their service?

Mr. SLOAN. Well, they are still paying me.

Mr. CHAIRMAN. I beg your pardon; I thought you were not with the Bureau of Reclamation at present.

Mr. SLOAN. I am with the Department of the Interior.

Mr. CHAIRMAN. How long has it been since you were with the Bureau of Reclamation?

Mr. SLOAN. Three years.

Mr. CHAIRMAN. Thank you very much.

Your next witness, please.

Mr. DONDERO. Mr. Chairman, if Mr. Sloan has concluded, of course, that is all right, but if he hasn't concluded, I certainly hope he may be permitted to finish his statement.

(At this point, there was discussion off the record.)

Mr. DONDERO. I will ask Mr. Sloan whether he has said everything he desires to say about this matter.

Mr. SLOAN. I think I have made perfectly clear that it should be left at 1,830 until further studies indicate the necessity for a higher level.

Mr. CHAIRMAN. Thank you very much.

You may remain here in case the members of the committee desire to ask you any further questions.

The next witness, please.

STATEMENT OF KENNETH F. VERNON, REGIONAL DIRECTOR, REGION NO. 6, BUREAU OF RECLAMATION

Mr. VERNON. My name is Kenneth F. Vernon. I am Regional Director of Region No. 6, Bureau of Reclamation, with headquarters in Billings, Mont. I have direct supervision of the work of the Bureau of Reclamation in the upper Missouri basin.

Mr. CHAIRMAN. What have you to do with the reservoir?

Mr. VERNON. The only connection with the reservoir is the general coordination of the plan of the Corps of Engineers as it affects the work of the Bureau of Reclamation and more particularly the distribution of power that will be generated at the Garrison Dam, which will be turned over to the Secretary of the Interior for marketing under section 5 of the Flood Control Act of 1944.

Mr. CHAIRMAN. We are glad to have your statement with respect to the matter under consideration.

Mr. VERNON. I believe, Mr. Chairman, that Mr. Nelson and Mr. Sloan have presented the views of the Bureau of Reclamation with respect to the particular operating level of Garrison Dam.

The CHAIRMAN. Are there any questions by members of the committee?

Thank you very much, sir.

Before you retire, I will ask you whether Document 247 and the other documents in the act of 1944 refer to the 17,000,000 acre-feet. They do not refer to the height of the dam, do they, in that document. signed by the Bureau of Reclamation and the Chief of Engineers? Mr. VERNON. That is my recollection, sir.

The CHAIRMAN. Do you know whether or not a dam constructed at an elevation of 1,830 would provide for more than the 17,000,000 acrefeet when they came to draw the plans?

Mr. VERNON. No, sir; I do not.

The CHAIRMAN. Well, thank you very much.

Your next witness, please.

Mr. LEMKE. Mr. Chairman, I wish to introduce at this time a letter by H. D. Comstock, who was present at the time Colonel Gee testified the other day that they all agreed on the 1,850-foot pool level, and I shall just read you the last sentence of his letter.

The CHAIRMAN. You may read the letter, Mr. Lemke.

Mr. LEMKE (reading):

There was no agreement at that time, or subsequently as far as I know, which would permit a normal maximum elevation of the operating pool higher than 1,830 feet.

That is signed by Mr. Comstock, and he substantiates his statement by putting in the minutes of that meeting, as prepared by the Army engineers, showing that the colonel was in error when he made that statement.

The CHAIRMAN. You would like to file that, would you?
Mr. LEMKE. Yes, I would.

(Letter submitted by Mr. Lemke follows:)

Hon. WILLIAM LEMKE,

BILLINGS, MONT., May 28, 1949.

House of Representatives, Washington, D. C. DEAR SIR: It is understood that you desire a statement as to the agreement relative to the height of Garrison Dam on the Missouri River in North Dakota and the normal maximum elevation of its operating pool reached by the Missouri Basin Inter-Agency Committee at its meeting held at Omaha, Nebr., on August 16, 1945.

I was then the member of that Committee representing the Department of the Interior. I was relieved from that assignment in August 1946 and retired from Government service on March 31, 1947.

Enclosed for your information and use is a copy of the minutes of that meeting prepared by Mr. F. B. Slichter of the Corps of Engineers, Secretary of the Committee, and mimeographed under his direction. These minutes were given

rather wide publicity and hence are not considered confidential. Indicated by red lines on the margin are the portions specifically relating to the construction of Garrison Dam. Your attention is particularly called to the agreement reached as reported in paragraph 9 on page 4, as follows:

"It was agreed unanimously by the members and representatives of the Missouri Basin Inter-Agency Committee that the Garrison Dam be constructed to a height permitting operation at normal pool elevation of 1,850 feet. Mr. Comstock concurred in this agreement with the understanding the the elevation of the spillway sill and the plan of initial operation will be determined after further study and consideration."

There was no agreement at that time, or subsequently as far as I know, which would permit a normal maximum elevation of the operating pool higher than 1,830 feet.

I trust the above information will serve your purpose.

Very respectfully,

H. D. COMSTOCK.

MINUTES OF THE SECOND MEETING OF THE MISSOURI BASIN INTER-AGENCY COMMITTEE AUGUST 16, 1945

1. The following members and representatives met at 10 a. m., on August 16, 1945, in the conference room, Farm Credit Building, Omaha, Nebr.:

State representatives:

Hon. Dwight Griswold, Governor of Nebraska.

Hon. Sam C. Ford, Governor of Montana.

Hon. Lester C. Hunt, Governor of Wyoming.

R. E. Duffy, appearing for Hon. Phil M. Donnelly, Governor of Missouri.

Federal agency members:

Brig. Gen. R. C. Crawford, Corps of Engineers, chairman.

H. D. Comstock for the Department of the Interior.

B. H. Greene, Federal Power Commission.

A. E. McClymonds for the Department of Agriculture.

2. Others present:

Hon. Fred G. Aandahl, Governor of North Dakota.
Hon. M. Q. Sharpe, Governor of South Dakota.

Hon. John C. Vivian, Governor of Colorado.

L. C. Walker, Federal Power Commission.

J. R. Riter, Bureau of Reclamation.

W. G. Sloan, Bureau of Reclamation.
Bruce Johnson, Bureau of Reclamation.

A. A. Batson, Bureau of Reclamation.

H. C. Beckman, United States Geological Survey.
W. C. Senkpiel, United States Geological Survey.
R. E. Marsh, United States Geological Survey.
C. L. Sadler, United States Geological Survey.
K. M. Sandals, Soil Conservation Service.
Col. R. M. Copeland, Corps of Engineers.
Lt. Col. D. B. Freeman, Corps of Engineers.
Maj. G. O. Evans, Corps of Engineers.

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