W. E. Langdon, Corps of Engineers. Wardner Scott, Nebraska State Engineer. L. C. Bishop, Wyoming State Engineer. G. S. Knapp, Chief Engineer, Division of Water Resources, Kansas Board of Agriculture. J. J. Walsh, North Dakota State Water Commission. Kenneth Simons, North Dakota State Water Commission. Einar Dahl, North Dakota State Water Commission. Severt Thompson, North Dakota State Water Commission. E. A. Burdick, City Attorney, Williston, N. Dak. H. E. Polk, Williston, N. Dak. E. G. Schoelander, County Commissioner, Williams County, N. Dak. A. J. Briar, County Commissioner, McKenzie County, N. Dak. H. L. Halvorson, Minot, N. Dak. O. S. Warden, Montana Water Conservation Board. D. P. Fabrick, Montana Water Conservation Board. G. L. Ireland, Colorado Member, Missouri States Committee. C. H. Stone, Director, Colorado Water Conservation Board. C. L. Patterson, Chief Engineer, Colorado Water Conservation Board. J. M. Dille, Colorado Member, Missouri States Committee. D. C. McLeod, Soo Line Railroad. 3. Governor Sharpe spoke to the Committee about the August 15, meeting of the Missouri River Basin States Committee, stating that the resolutions adopted by that body in the interests of the advancement of plans for the Missouri Basin would be furnished to the Inter-Agency Committee. Then speaking for himself. as Governor of the State of South Dakota, Governor Sharpe presented the following recommendations for consideration by the Committee: (a) That lock sills be provided at all main stem Missouri River dams in order that when navigation of this part of the river becomes important, the navigation structures needed to pass these dams can be readily constructed. (b) That penstocks for future protection of power be considered for installation in all main stem dams constructed in South Dakota. 4. In response to Governor Sharpe's statements, General Crawford explained that all the dams on the main stem will be so located and designed that it will be possible to provide lockages into the pools and that the Corps of Engineers has already initiated studies on the potentialities of navigation in North and South Dakota in compliance with a directive from Congress. He also explained that the main stem Missouri River dams would include initial installations for the production of power in accordance with the provisions of the Flood Control Act of 1944. 5. The discussion of the height and capacity for the Garrison project was opened by Lt. Col. Freeman who explained the history of the investigations for that project and presented his proposed plan for the development of the project with a normal maximum operating pool at elevation 1,850. He described the work which would be included in the plan for the town of Williston, N. Dak., the Lewis and Clark, and the Buford-Trenton irrigation projects to insure protection of these areas against flooding created by the reservoir pool or aggradation at the head of the pool. 6. As ex officio chairman of the North Dakota State Water Commission, Governor Aandahl presented the following: "STATEMENT BY GOV. FRED G. AANDAHL ON BEHALF OF THE STATE OF NORTH DAKOTA IN RE PROPOSED DAM AT GARRISON, N. DAK. "1. On behalf of the people of North Dakota and in the national interest, I respectfully request the Inter-Agency Basin Committee to make the decision as to the height of the dam at Garrison. N. Dak., without delay and that the Inter-Agency Committee join with the Missouri River Basin States Committee in urging upon Congress the necessity for immediate appropriation of money to begin the work. "The reasons for asking immediate decision here and speedy action in the Congress are apparent to everyone. "2. After careful consideration of available reports and consultations with Federal engineers as well as with engineers employed by the State of North Dakota, it is the considered judgment of the State government as presented by the State water conservation commission that the interests of North Dakota will be best served by building the dam at Garrison to a height corresponding to a normal operating pool elevation of 1,850 feet as proposed by the Army engineers. "3. In making such recommendation, however, we wish to point out the necessity of providing adequate protection for the city of Williston, N. Dak., the Great Northern Railroad in and near Williston, the Buford-Trenton irrigation project, and the Lewis and Clark irrigation project. "4. Protection may be given to the city of Williston and other constructions In that area by operating the dam at a level lower than the proposed maximum normal operating pool elevation of 1,850 feet and we respectfully request that this be done until such time as analysis and/or experience indicates that operation at the 1,850 level is in the best interests of the project. "5. If experience and the passage of time demonstrate that the installations at and near Williston cannot be protected by the works now proposed, we respectfully urge "(a) That they be improved, if possible. "(b) That, in the event adequate protection cannot be provided, provision be made for the payment of money damages to persons suffering injury by reason of the construction of the dam at Garrison." 7. On behalf of a delegation of citizens from Williston, N. Dak., Governor Aandahl read the following statement which had the indorsement of the North Dakota State Water Commission: "STATEMENT BY COMMITTEE OF CITIZENS FROM WILLISTON, N. DAK. "We would have no objection to the proposed maximum normal operating pool elevation of 1,850 feet, provided the engineering features of construction and operation afford complete and perpetual protection from damage to the city of Williston, the Lewis and Clark irrigation project, the Buford-Trenton irrigation project, and the railway facilities of the Great Northern Railway in the immediate Williston area. "We request that a hearing be held in the Williston area, as promised and as soon as practicable, for the purpose of presenting the views and objections of the area on the adequacy of such engineering features, to the end that the engineers of the affected municipalities are satisfied that such engineering features will afford such protection." On behalf of the Williston delegation, Governor Aandahl presented a report on property and real estate damage, to Joint Committee on Missouri River, McKenzie and Williams Counties and the city of Williston, N. Dak., * * * 1945, prepared by Lium and Burdick, consulting engineers, Grand Forks, N. Dak. Governor Aandahl stated that the North Dakota State Water Commission had not reviewed the report. He also presented a number of resolutions relative to construction of the Garrison project on behalf of a number of communities in North Dakota. General Crawford explained that it was standard procedure with the Corps of Engineers to work in harmony with local interests affected by reservoirs in the development of the plans and that meetings would be held with local engineers and authorities at Williston by the District engineer for the further detailed discussion of the plans for the protection of that area to insure that those plans were coordinated with local desires. 8. A statement entitled "Suggested Contributions for Agriculture to make in MBIAC Considerations of the Garrison Dam and Reservoir Basin in North Dakota" was read by Mr. McClymonds. A copy is attached. The present activities and interests of the Department of Agriculture in the Garrison Reservoir area were further discussed by Mr. Sandals of the Soil Conservation Service. 9. After hearing further discussion on the height of the Garrison Dam in North Dakota by Lieutenant Colonel Freeman of the Corps of Engineers, Governor Aandahl of North Dakota, Mr. Comstock of the Department of Interior, Mr. McClymonds of the Department of Agriculture, and Mr. Greene of the Federal Power Commission, 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 a maximum normal pool elevation of 1,850 feet. Mr. Comstock concurred in this agreement with the understanding that the elevation of the spillway sill and the plan of initial operation will be determined after further study and consideration. 10. It was agreed that items for the September 20 meeting at Billings, Mont., include the following: (a) General discussion of the projects of the Bureau of Reclamation in Montana which are now in the active planning stage. (b) Discussion of the Boysen Dam and Reservoir project in Wyoming, including potential regulations and storage capacity for flood control. (c) Discussion of the Fort Peck project with respect to present and future plans for storage and releases for flood control, navigation, irrigation, and power. 11. On invitation of Governor Sharpe, Pierre, S. Dak., was selected as the place for the meeting of October 18, 1945. Mr. LEMKE. I also wish to state that at the time the colone! read a letter from the Governor, I think Mr. Dondero asked him a question that I suggested, whether the Governor was not with the small determined group, with his own appointed water commission of which he is ex officio chairman, that was fighting for the 1,850 rather than the 1,830, and whether at the time we appeared before the Senate committee the Governor didn't favor the 1,850 and the Senate committee paid no attention to him. The colonel also answered that question to the contrary. The CHAIRMAN. What is the statement you wish to file? Mr. LEMKE. I want to file the statement showing that the Governor was opposed to the 1,830, contrary to Colonel Gee's answer to Mr. Dondero's question and that, in fact, the Governor is the determined minority group with his water commission. The CHAIRMAN. That is a statement that the Governor made when and where? Mr. LEMKE. That is a statement contained in this document, and I shall give you the page. The CHAIRMAN. What is the document, for the record? Mr. LEMKE. It is page 280, first deficiency appropriation bill for 1946, hearing before Subcommittee of the Senate Committete on Appropriations on H. R. 4805: The colonel the other day stated that the Governor was not opposed to an 1,830 pool operation. I stated at that time the Governor was and that the Senate paid no attention to his opposition. I call the attention of the committee to Mr. Simons' testimony on behalf of the Governor on page 280. I just want to call that to the committee's attention. I want to say in favor of the colonel that he came to me and said that he misunderstood the question. The CHAIRMAN. Pardon me, is that a statement from the Governor? Mr. LEMKE. That is from his water commission representing him. The CHAIRMAN. Not from the Governor. Mr. LEMKE. Representing him. The CHAIRMAN. Thank you very much. The next witness is General Pick. He is here with his assistants. While the general is coming around, the committee has just received this telegram from Fred G. Aandahl, Governor of North Dakota. I will ask the clerk to read it at this time and insert it in the record. Mr. McGANN. This telegram is dated May 29, from Bismarck, N. D.: The North Dakota Water Commission and I, after years of study, have repeatedly supported and approved construction of Garrison Dam to 1,850 foot capacity. Limitations proposed to your committee by Congressmen Lemke and Burdick would be a disadvantage to North Dakota and entire Missouri Basin. We need full storage capacity for power development and irrigation purposes construction. Economy requires that full preparation for maximum use be made now. FRED G. AANDAHL, Governor of North Dakota. STATEMENT OF MAJ. GEN. LEWIS A. PICK, CHIEF OF ENGINEERS, UNITED STATES ARMY The CHAIRMAN. General Pick, we have before us the request of Mr. Lemke and Mr. Burdick for a modification of the adopted project under consideration so as to prevent the acquiring of lands above an elevation of 1830, and I will ask you to make any statement you desire in order to give the committee the facts in connection with the elevation. General PICK. Mr. Chairman and gentlemen of the committee, my name is Lewis A. Pick, Major General, Chief of Engineers, United States Army. Several days ago, Mr. Chairman, you permitted me to have inserted in the record a statement with respect to this question before the committee now. It was submitted at that time. I appreciate that, because I could not be here. Mr. Chairman, I don't want to take up any more time of the committee than is absolutely necessary, but I would like to point out a few facts. I was amazed at some of the testimony that I have heard given here by Mr. Sloan, Mr. Vernon and Mr. Nelson. It would appear that in 311⁄2 years, nothing has been done out in the Missouri Basin to coordinate this work. I want to, refute those statements. Now at the Inter-Agency Committee in Omaha on the 16th of August, 1945-Mr. Comstock was the predecessor of Mr. Vernon and a member of the Inter-Agency Committee. At this meeting in Omaha, with the full committee of the Inter-Agency Committee, consisting of the Governor of Nebraska, Governor Griswold, Governor Sam Ford of Montana. Governor Lester Hunt of Wyoming, Mr. R. E. Duffy, representing Governor Phil Donnelly of Missouri, the Federal agencies, with General Crawford of the Corps of Engineers, Mr. Comstock for the Department of the Interior, Mr. B. H. Greene, for the Federal Power Commission, and Mr. A. E. McClymonds, for the Department of Agriculture, Mr. Sloan was there as a guest at the meeting. He said that he participated in this meeting, although not as a member of the committee at that time. Mr. DONDERO. What is the date of that meeting, General? General PICK. That was the 16th of August 1945, sir, the following summer after the passage of the 1944 Flood Control Act which authorized this work. At that meeting-I shall read the minutes of the meeting: After hearing further discussion on the height of the Garrison Dam in North Dakota by Lt. Col. Freeman of the Corps of Engineers, Governor Aandahl of North Dakota, Mr. Comstock of the Department of Interior, Mr. McClymonds of the Department of Agriculture and Mr. Greene of the Federal Power Commission, 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 a maximum normal pool elevation of 1,850 feet. At that meeting also was a statement inserted in the minutes. I am reading from the minutes of that meeting: On behalf of a delegation of citizens from Williston, N. Dak., Governor Aandahl read the following statement which had the indorsement of the North Dakota State Water Commission: "Statement by committee of citizens from Williston, N. Dak.: We would have no objection to the proposed maximum normal operating pool elevation of 1,850 feet, provided the engineering features of construction and operation afford complete and perpetual protection from damage to the city of Williston, the Lewis and Clark irrigation project, the Buford-Trenton irrigation project and the railway facilities of the Great Northern Railway in the immediate Williston area. "We request that a hearing be held in the Williston area, as promised and as soon as practicable, for the purpose of presenting the views and objections of the area on the adequacy of such engineering features, to the end that the engineers of the affected municipalities are satisfied that such engineering features will afford such protection. On behalf of the Williston delegation, Governor Aandahl presented a Report on Property and Real Estate Damage, to Joint Committee on Missouri River, McKenzie and Williams Counties, and the city of Williston, N. Dak., * * * 1945, prepared by Lium and Burdick, consulting engineers, Grand Forks, N. Dak. Governor Aandahl stated that the North Dakota State Water Commission had not reviewed the report. He also presented a number of resolutions relative to construction of the Garrison project on behalf of a number of communities in North Dakota. General Crawford explained that it was standard procedure with the Corps of Engineers to work in harmony with local interests affected by reservoirs in the development of the plans and that meetings would be held with local engineers and authorities at Williston by the district engineer for the further detailed discussion of the plans for the protection of that area to insure that those plans were coordinated with local desire. That is the end of the statement. Mr. DONDERO. General, did the citizens of Williston, N. Dak., then give their consent to the raising of the dam from 1830 to 1850? General PICK. The citizens of Williston, N. Dak., have not given their permission. I have attempted many times to hold a meeting in Williston. I held one meeting in Williston and I started discussing this matter with the citizens and one of the leading citizens of Williston broke up the meeting and said, "Let's go to lunch." We have been unable to discuss it with the citizens of Williston. Mr. DONDERO. From what you know, are they opposed to it? General PICK. From what I know of it, they are opposed to living behind levees. They have never allowed us to come there and explain to the citizens what the real engineering problem was involved there in order to provide this protection which the citizens ask for. Mr. DONDERO. Do I understand that at the meeting in August of 1945, there was a representative of the Department of the Interior present and the Bureau of Reclamation to give their consent to changing the plan from 1830 to 1850? General PICK. The plan has never been for 1830, sir. A discussion came up at that meeting, or prior to the meeting-I was not here; I was overseas then-as to the question of the height of operating the pool. At that Inter-Agency Committee meeting held in Omaha, in conjunction with a meeting of the Governors' Committee of the Missouri Basin, where they were all present, this question was brought up and |