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3, 1928,38 which was favorable to the project. It recommended certain changes which could be accomplished without significant difficulty.

The creation of this board was preceded by the appointment by Secretary of Interior Work in 1927 of a group of "special advisers," Hon. James R. Garfield, former Secretary of the Interior, Prof. William F. Durand, of Stanford University, Hon. James G. Scrugham, former Governor of Nevada, and Hon. Frank C. Emerson, Governor of Wyoming, who were requested to report on various "engineering, legal and economic phases of the project." The individual reports of these advisers were rendered in January 1928.39

H. Passage of the Fourth Swing-Johnson Bill

Upon reconvening in December 1928 the Senate adopted the parliamentary device of first substituting H. R. 5773 for S. 728 on December 5, 1928, and thereupon by consent amending H. R. 5773 by striking out all after the enacting clause and inserting in lieu thereof the language of the Senate bill, S. 728.40 The effect was to make the substance of the Senate bill the basic document for consideration and amendment. The bill was amended during debate and passed by the Senate on December 14, 1928.41

On December 18, 1928, the House agreed to the Senate amendment, without going to conference.42

The bill was approved by President Coolidge on December 21, 1928.43 The act did not become effective, however, until June 25, 1929, because of conditions precedent, hereinafter referred to. On the latter date, President Herbert Hoover, by proclamation, declared the act effective (appendix 503).44

* See appendix 302: H. Doc. 446 (70th Cong., 2d sess.), "Report of the Colorado River Board on the Boulder Dam Project." For a supplemental report, rendered April 16, 1930, see appendix 303 herein.

39 These reports were printed in hearings of the House Committee on Irrigation and Reclamation on H. R. 5773 (70th Cong., 1st sess., p. 469 et seq.).

40 Congressional Record, 70th Cong., 2d sess., p. 67.

41 Congressional Record, 70th Cong., 2d sess., p. 603.

42 Congressional Record, 70th Cong., 2d sess., p. 837-838. 43 45 Stat. 1057.

44 46 Stat. 3000. The hearings record the important part played in the drafting of this legislation by W. B. Mathews and E. F. Scattergood of Los Angeles, George W. Malone and Charles P. Squires of Nevada, Gov. George Dern of Utah, Delph Carpenter and L. Ward Bannister of Colorado, M. J. Dowd and Charles L. Childers of Imperial Valley, Francis C. Wilson of New Mexico, and Gov. F. C. Emerson of Wyoming, among others, who advised their respective congressional delegations.

The provisions of this act are discussed in the following chapter.45 The complete legislative history of the Boulder Canyon Project Act was as follows:

H. R. 5773.-December 5, 1927, introduced by Mr. Swing, referred to the Committee on Irrigation and Reclamation; January 6, 9, 11, 12, 13, and 14, 1928, hearings by committee; March 15, committee report (H. Rept. No. 918); March 21, minority views (H. Rept. No. 918, pt. 2); March 24, minority views (H. Rept. No. 918, pt. 3); May 25, passed House; December 5, 1928, substituted for S. 728; December 14, passed Senate as amended; passed House; December 21, 1928, approved (Public Law No. 642, 70th Cong.) (69 Congressional Record (House), pp. 97, 4827, 4868, 9486-9513, 9622–9658, 9662–9664, 9759-9786, 9975, 9991, 10731-10733, 10786; 70 Congressional Record (Senate), pp. 56, 67-80, 161-176, 227-245, 264-269, 277-298, 301, 312, 314-340, 381-402, 445, 458-474, 503, 517-530, 565-603, 789, 990; 70 Congressional Record (House), pp. 203, 615-621, 830–838, 862, 897, 1011, 1012-1015).

S. 728. December 6, 1927, introduced by Mr. Johnson, referred to Committee on Irrigation and Reclamation; January 17, 18, 19, 20, and 21, 1928, hearings by committee; March 20, committee report (S. Rept. No. 592; April 9, minority views (S. Rept. No. 592, pt. 2); December 5, amended by substituting H. R. 5773 (69 Congressional Record (Senate), pp. 341, 5025, 5276–5277, 5378, 5415, 5665, 6060, 6283-6297, 6594-6595, 6806-6808, 7047, 7144, 7198, 7242-7243, 72457253, 7346, 7387--7397, 7432-7433, 7437, 7515–7544, 7591, 7622–7627, 7630-7638, 7696-7697, 7704, 8247-8249, 8522-8524, 8527, 9058, 9144, 9223-9224, 9429, 94339443, 9449-9464, 9880, 9886-9891, 10058, 10200-10202, 10206, 10257-10266, 10271-10282, 10287-10310, 10460, 10462, 10464, 10465-10513, 10516, 10545, 10555-10571, 10618, 10668).

For annotations showing the legislative history of each section of the project act, see "Analysis of Boulder Canyon Project Act," California Colorado River Commission (1930), p. 17 et seq. For the text of amendments presented but rejected or withdrawn, see id., p. 39 et seq.

3, 1928,38 which was favorable to the project. It recommended certain changes which could be accomplished without significant difficulty.

The creation of this board was preceded by the appointment by Secretary of Interior Work in 1927 of a group of "special advisers," Hon. James R. Garfield, former Secretary of the Interior, Prof. William F. Durand, of Stanford University, Hon. James G. Scrugham, former Governor of Nevada, and Hon. Frank C. Emerson, Governor of Wyoming, who were requested to report on various "engineering, legal and economic phases of the project." The individual reports of these advisers were rendered in January 1928.39

H. Passage of the Fourth Swing-Johnson Bill

Upon reconvening in December 1928 the Senate adopted the parliamentary device of first substituting H. R. 5773 for S. 728 on December 5, 1928, and thereupon by consent amending H. R. 5773 by striking out all after the enacting clause and inserting in lieu thereof the language of the Senate bill, S. 728.40 The effect was to make the substance of the Senate bill the basic document for consideration and amendment. The bill was amended during debate and passed by the Senate on December 14, 1928.41

On December 18, 1928, the House agreed to the Senate amendment, without going to conference.42

The bill was approved by President Coolidge on December 21, 1928.43 The act did not become effective, however, until June 25, 1929, because of conditions precedent, hereinafter referred to. On the latter date, President Herbert Hoover, by proclamation, declared the act effective (appendix 503).44

See appendix 302: H. Doc. 446 (70th Cong., 2d sess.), "Report of the Colorado River Board on the Boulder Dam Project." For a supplemental report, rendered April 16, 1930, see appendix 303 herein.

39 These reports were printed in hearings of the House Committee on Irrigation and Reclamation on H. R. 5773 (70th Cong., 1st sess., p. 469 et seq.).

40 Congressional Record, 70th Cong., 2d sess., p. 67.

41 Congressional Record, 70th Cong., 2d sess., p. 603.

42 Congressional Record, 70th Cong., 2d sess., p. 837-838. 43 45 Stat. 1057.

44 46 Stat. 3000. The hearings record the important part played in the drafting of this legislation by W. B. Mathews and E. F. Scattergood of Los Angeles, George W. Malone and Charles P. Squires of Nevada, Gov. George Dern of Utah, Delph Carpenter and L. Ward Bannister of Colorado, M. J. Dowd and Charles L. Childers of Imperial Valley, Francis C. Wilson of New Mexico, and Gov. F. C. Emerson of Wyoming, among others, who advised their respective congressional delegations.

The provisions of this act are discussed in the following chapter.45 45 The complete legislative history of the Boulder Canyon Project Act was as follows:

H. R. 5773.-December 5, 1927, introduced by Mr. Swing, referred to the Committee on Irrigation and Reclamation; January 6, 9, 11, 12, 13, and 14, 1928, hearings by committee; March 15, committee report (H. Rept. No. 918); March 21, minority views (H. Rept. No. 918, pt. 2); March 24, minority views (H. Rept. No. 918, pt. 3); May 25, passed House; December 5, 1928, substituted for S. 728; December 14, passed Senate as amended; passed House; December 21, 1928, approved (Public Law No. 642, 70th Cong.) (69 Congressional Record (House), pp. 97, 4827, 4868, 9486-9513, 9622–9658, 9662–9664, 9759-9786, 9975, 9991, 10731-10733, 10786; 70 Congressional Record (Senate), pp. 56, 67-80, 161-176, 227-245, 264-269, 277-298, 301, 312, 314-340, 381-402, 445, 458-474, 503, 517-530, 565-603, 789, 990; 70 Congressional Record (House), pp. 203, 615–621, 830–838, 862, 897, 1011, 1012–1015).

S. 728. December 6, 1927, introduced by Mr. Johnson, referred to Committee on Irrigation and Reclamation; January 17, 18, 19, 20, and 21, 1928, hearings by committee; March 20, committee report (S. Rept. No. 592; April 9, minority views (S. Rept. No. 592, pt. 2); December 5, amended by substituting H. R. 5773 (69 Congressional Record (Senate), pp. 341, 5025, 5276-5277, 5378, 5415, 5665, 6060, 6283-6297, 6594-6595, 6806-6808, 7047, 7144, 7198, 7242-7243, 72457253, 7346, 7387--7397, 7432–7433, 7437, 7515–7544, 7591, 7622–7627, 7630–7638, 7696-7697, 7704, 8247-8249, 8522-8524, 8527, 9058, 9144, 9223-9224, 9429, 94339443, 9449-9464, 9880, 9886-9891, 10058, 10200-10202, 10206, 10257-10266, 10271-10282, 10287-10310, 10460, 10462, 10464, 10465-10513, 10516, 10545, 10555-10571, 10618, 10668).

For annotations showing the legislative history of each section of the project act, see "Analysis of Boulder Canyon Project Act," California Colorado River Commission (1930), p. 17 et seq. For the text of amendments presented but rejected or withdrawn, see id., p. 39 et seq.

THE BOULDER CANYON PROJECT ACT

(The Swing-Johnson Act)

A. Major Objectives of the Boulder Canyon Project Act

This complex statute attempted to bring into balance two major forces: those seeking the construction of a storage reservoir and of an All-American Canal, and those seeking an interstate agreement for the protection of upper-basin water users if the proposed works should be built in the lower basin.

To these ends the act accomplished the following major objectives, in addition to providing for a number of important but subordinate The major features were:

ones.

(1) Authorization of construction of a storage dam in Boulder or Black Canyon, for the declared purposes (sec. 1) of—

* controlling the floods, improving navigation and regulating the flow of the Colorado River, providing for storage and for the delivery of the stored waters thereof for reclamation of public lands and other beneficial uses exclusively within the United States, and for the generation of electrical energy as a means of making the project herein authorized a self-supporting and financially solvent undertaking. * * *

(2) Authorization of construction of the All-American Canal, to connect a diversion dam on the Colorado River with the Imperial and Coachella Valleys, the canal and structures to be located entirely within the United States (sec. 1).

(3) Ratification of the Colorado River Compact (sec. 13 (a)), with the added provision that in the event that only six States should ratify the agreement, the compact should become effective as a six-State compact, if California should be one of the ratifying States, and if California should limit her use of water for the benefit of the other six States, by a formula stated in the Project Act (sec. 4 (a)).

The act also authorized a subordinate compact among the three States of the lower division, Arizona, California, and Nevada, for division of the water allocated to the lower basin by the compact (sec. 4 (a)); authorized in more general terms other agreements among the seven States (sec. 19); and authorized the Secretary of the Interior to make an investigation and report as to a comprehensive plan of development of the Colorado River (sec. 15).

The act contained also important financial and administrative provisions, discussed infra, which have come to be the identifying features of this project.

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