Colorado River, and lay a like inhibition upon the States where the source of that great river are found. Indeed, the same doctrine can be applied in every direction. It is wrong; it is injurious; and I am amazed that such a treaty should have been ratified by the Senate of the United States, composed in part of Senators representing the States of the Union, to be so vitally affected by the operations required for the due observance of its covenants." Can it be possible that, with the Rio Grande case staring it in the face, the Congress will adopt the suggestion of the Secretary of State to give to Mexico, but really for the use of a few millionaire Americans upon their lands in that country the waters of the Colorado River which belong to the people of the United States?

The Secretary of State states that in 1912 the United States Government proposed to the Government of Mexico that a convention be concluded to the appointment of a commission to study, agree upon and report the basis of distribution and appropriation of the waters of the Colorado River, the findings of the commission, if and when approved by the two Governments, to be embodied in a treaty. He further says that after an exchange of several draft conventions, a form of convention seems to have been practically agreed upon in May, 1913, but apparently because of strained relations then existing between the Government of the United States and the Huerta administration in Mexico the convention was never signed, and the matter has since been in abeyance. It would be interesting no doubt, to know at whose instance "the Government of the United States" made the proposal in 1912 to give away the water of the Colorado River. Who influenced the Government of the United States to take this step and to agree in May, 1913, to sign the treaty? Who would be most likely to do this, the few millionaires who own a million and a half acres of land in Sonora and Lower California, Mexico, or the American farmer above the line in the United States who is going to be deprived of his water by such a treaty? The suggestion of the Secretary referred to arouses my curiosity as to whether or not the same interests are still at work, although it is not difficult to guess from whence such efforts emanate, and doubtless they are some of the "sinister and unscrupulous inflences to which President Wilson referred in a statement to the public March 26, 1916, dealing with the Mexican situation. Exactly what was contained in the convention "practically agreed upon in May, 1913," no one outside the State Department seems to know. Its contents would probably be very interesting reading to the people of Imperial Valley, whose very life or death might depend upon the wording of such a treaty. No one in Imperial Valley ever heard of the existence of such a treaty, except in a vague way, and then not until long after Mexico had refused to consummate the deal. I have made repeated verbal requests for a copy of saia treaty, but have been refused, doubtless upon the theory that citizens of Imperial Valley have no right to know its contents, although they are the ones most vitally affected thereby. Had they known of the pendency of such a treaty, they would have immediately filed a protest against the giving to Mexico of any of the waters of the Colorado River. To neglect to do so would have been to virtually have held up one hand and with the other pressed a gun to their heads while they were being robbed of their birthright. The Secretary of State directs attention to “the apparent inconsistency which would result should the Government of the United States, having acted to prevent the monopolization by private parties within the United States of the waters of the Rio Grande provide in and analogous case for monopolization by the authorities of the United States of the waters of the Colorado River," but does not appear to fear the monopoly which the adoption of his suggested amendment would give to the private interests below the line. There is an element of sadness in the action of the Secretary basing his said suggestion upon the Rio Grande case and practically suggesting that what was there done to the citizens of the United States should be done again in the case of the Rio Colorado.

I am sending a copy of this communication to the Secretary of State as a protest upon behalf of the people of Imperial Valley, Coachella Valley, and vicinity against the making of a secret treaty giving to Mexico any of the waters of the Colorado River, and also a demand that if any negotiations along that line are begun, or contemplated, public notice be given to the people of said valleys and vicinity and an opportunity be afforded them to be heard in the premises..

Yours, respectfully,

MARK ROSE.

REPORT OF THE ARIZONA-CALIFORNIA RIVER REGULATION COMMITTEE OF THE LOS ANGELES CHAMBER OF COMMERCE ON THE ALL-AMERICAN CANAL, AND ADOPTED BY THE CHAMBER AUGUST 28, 1919.

BOARD OF DIRECTORS,

Los Angeles Chamber of Commerce,

Los Angeles, Calif.

AUGUST 18, 1919.

GENTLEMEN: The Arizona-California river regulation committee, to which has been referred United States bill 6044, entitled, "A bill to assist in increasing the productive agricultural area of the Imperial Valley and Coachella Valley, Calif., and for other purposes," together with letter of the San Diego Chamber of Commerce indorsing said bill, beg to report as follows:

The bill proposes the construction of an all-American canal connecting with the Laguna Dam, for the purpose of conveying water through American territory to the Imperial Valley, and for the additional purpose of carrying water up and around the Salton Sea, thereby irrigating a large portion of the Coachella Valley and intervening territory, and thereby serving about 400,000 acres of land in addition to that already under ditch.

The plan proposed by the bill provides for the issuance of bonds by irrigation districts formed or to be formed in the land to be benefited and served by the new system, and the delivery of these bonds to the Secretary of the Interior, and are to be by him deposited with the Secretary of the Treasury, who is authorized to collect the principal and interest. The Secretary of the Treasury is authorized to issue certificates of indebtedness of the United States in an equal amount, bearing interest at the same rate as the bonds, said certificates to fali due not less than 60 days after the corresponding dates for the payment of the bonds. With the money obtained from the issuance of the certificates of indebtedness the system is to be constructed. For the purpose of protecting against default on the bonds, the sum of $10 per acre is to be collected on all unentered public lands sold, and also on all lands entered but not patented— also on patented lands that do not have a valid water right. These payments to constitute a bond guaranty fund which is intended to guarantee the payment of principal and interest on the bonds.

A copy of the bill is annexed to this report, as is also a copy of Secretary Lane's letter of date July 3, 1919, to the Committee on Irrigation of Arid Lands, wherein he indorsed the bill with some proposed minor amendments thereto relating to procedure, and with a further proposed amendment reciting, in substance, that when in the opinion of the Secretary of the Interior the bond guaranty fund is no longer necessary for guaranty purposes, he may use it for the construction of a reservoir or reservoirs to provide by storage a full water supply for the lands affected by this act, and shall make such additional charges against the land requiring water as may be necessary to meet the cost of such storage in excess of the amounts previously paid to the United States on account of each tract of such lands as provided in the bill, and that the Secretary may in advance make such contracts as may be necessary to insure such excess payments, upon such terms as he may deem reasonable. We especially direct attention to this letter of Secretary Lane's, and suggest that it be read in full to the members of the board.

The committee has given very careful consideration to the questions involved and has held a number of meetings, at which have been present representatives of the different conflicting interests. The importance of the subject has warranted the time and consideration given to it by this committee. The first meeting was held two months ago and the last meeting (exclusive of the meeting called to approve this report) was held on the 25th of August, 1919. Besides this, some of the different members of the committee have from time to time given private audience with men purporting to be representatives of the sentiment of the Imperial Valley. So many different conflicting statements have been made that it has been very difficult to arrive at the real situation, and it was not until the meeting of Friday, August 15, that this committee felt that all the facts, had been properly laid before it. At this meeting of August 15 a three-hour session was held with representatives from the Imperial Valley, including among those present Mr. Phil Swing, the attorney representing the Imperial irrigation district, who was in Washington in a consultation with Secretary Lane and Mr. Davis, Chief of the Reclamation Bureau, at the time the bill was being formulated; Mr. J. A. Davis, representing the El Centro Chamber of Commerce; Mr. J. S. Nickerson, representing the Imperial irrigation district; Mr. Marshuts, representing the Westside irrigation district; Mr.

Brooks, president of the board of supervisors; Mr. J. Stanley Brown, the assemblyman from the Imperial district; Mr. Stoddard; and Mr. Elliott. All of these gentlemen were very warm in supporting the plan proposed and in declaring that they represented the sentiment of a very large majority of the landholders of the Imperial Valley.

Stress was laid upon the fact that every year a weir has to be constructed across the Colorado River in order to raise the water to a sufficient level to be diverted at the heading now used by the Imperial Valley. That this weir costs approximately $150,000, and has to be destroyed each year before the flood waters commence to come down. That in the past rock weirs have been constructed, but that such weirs are not now permitted by the Government; that an injunction has been issued by the superior court of Yuma County restraining the construction of such weir, and that inasmuch as one end of the weir, when constructed, must, of necessity, be in Yuma County, it is impossible to construct the weir without the consent of the court; that the people of Imperial Valley have been advised by the Yuma interests that this is the last year they will permit the construction of such weir unless plans are under way for the construction of an all-American ditch; that unless this weir is permitted to be constructed the summer crops of the entire Imperial Valley must fail. It further appears that an all-American canal will cause a great saving in loss from evaporation. At the present time the water, after being diverted from the Colorado River, runs miles through Mexican territory in an old water course, so that the resultant loss from evaporation is very considerable. The advantages, of course, of having the ditch on the American side in case of war with Mexico is patent. Complaint is made that at the present time a large sum is collected annually from the Mexican Government by duties on tools and equipment shipped into Mexico to maintain the canal within that country. Also, that the cost of upkeep assessed against the holders of Mexican lands having the use of the Colorado River water for irrigation is just onefourth that assessed against owners of American lands.

At the conference held on Friday, August 15, Mr. Joe Simons was also present. Mr. Simons at that time stated to us that he was president of the Imperial Valley Land Owners' Association. He objected to the proposed bill on the ground that it would impose a charge against his land for the benefit of other lands not now under ditch. Mr. Simons, however, when requested so to do, did not undertake to enumerate the names of the landowners whom he represented in objecting to the proposed plan. Since that time, however, he has filed the names of the parties who are members of the Imperial Valley Land Owners' Association, the names of whom are appended hereto, and has also filed the articles of association of said Imperial Valley Land Owners' Association.

After the meeting of August 15, and after the report of this committee was partially formulated, there was represented to this committee that certain land owners of the Imperial Valley desired to appear before the committee and manifest their objections to the proposed plan. A meeting of the committee was called, at which it was determined to hear these gentlemen, and they were invited to appear before us on Monday, August 25. On August 25 a meeting was held at which was present six members of your committee and the following land owners from the Imperial Valley:

A. M. Schenk, a large land owner, owning lands in the vicinity of Calexico; H. H. Clark, of Calipatria, representing the Imperial Valley Farm Lands Association, which own approximately 47,000 acres in the Imperial Valley; Mr. Clark is also a director in No. 3 Mutual Water Co. and No. 9 Mutual Water Co.; Messrs. J. L. Van Warmer, Peter P. Hovley, of Brawley, and Vincenz Schmitz, of Brawley.

These gentlemen claimed that protection to the Imperial Valley could be given by constructing a canal from the Yuma Dam to the Hanlon heading, connnecting at that point with the canal running into Mexico and that such a canal could be built for approximately $3,000,000; that it is unfair to make a charge against developed land for the benefit of outside acreage, and that while such canal below the Hanlon heading must, of necessity, be constructed and maintained through Mexican territory, that this nevertheless was of minor importance because in any event it is necessary for the American interests to maintain levees in Mexico to prevent the flood water of the river from overflowing the Imperial Valley which lies below sea level. However, it finally seemed to be the concensus of opinion that they would have little if any objection to the plan proposed, provided that contemporaneously with the construction of the system reservoirs should be created

for the purpose of conserving the surplus waters, and provided further the plan involved the expenditure of a larger per cent of the costs of the system against lands now having no present water supply, and provided further, that large tracts of lands in private ownership now having no water right should be required to be sold at prices to be fixed by the Secretary of the Interior as a condition of participation.

In considering the question as to whether there is sufficient water in the Colorado River flowing to waste to irrigate such a large body of land, and whether if there is not sufficient water, the bill contemplates the storage of water to meet the necessity, there has been urged upon us by the Imperial people and we find:

1. That the normal flow of the Colorado River is sufficient in volume to irrigate the added lands, except for a short period of from one to two months each year, and that certain crops may be grown to maturity by use of water during such times as it is abundant.

2. The bill, with the Secretary's proposed amendments, provides that money obtained from the sale of public lands, within said district, together with assessments made against patented lands having no water rights, shall be used, together with additional moneys required and assessed by the Secretary of the Interior, for that purpose, in building storage reservoirs to meet the necessities for water during the dry season.

3. The bill has the entire approval of the Secretary of the Interior, and is the first step in the development of the secretary's plans for conserving the waters of the Colorado River.

4. Under a contract made between the former owner of the land in Mexico through which runs the canal leading into the United States, and the Mexican corporation owned by the California Development Co., which contract has been approved by the Mexican Government, as a condition for permitting the water to be run over the Mexican land, such lands are entitled to one-half the flow of the water running through the canal. If, therefore, the plan suggested by Mr. Schenk and his associates were adopted, and the water taken from the Yuma dam were carried through American territory through the Hanlon heading and thence through the old canals through Mexican territory into the United States, such Mexican lands would be entitled to one-half of these waters, even though it had been greatly augmented at great expense by storage in the United States.

5. It is impracticable during low water to further maintain the weir in the Colorado River, and thus, unless we are to give Mexico and the Mexican lands one-half of the flood waters of the river which may hereafter be conserved by storage, an all-American canal system must be constructed.

6. The bill gives to the Secretary of the Interior the power to fix and determine the proportionate amount to be paid by each district for the construction of a canal or canals, and which determination shall be based upon the number of acres in each district susceptible of practical reclamation. We believe that it can be fairly left to the secretary to determine the proportionate amount to be paid by the different districts for the consruction of the canal, and that in assessing the amount to be paid, the secretary will properly gauge the benefits to be derived, and make his determination accordingly.

7. The plan as construed by the Secretary of the Interior does not contemplate the diversion of the full flow of the Colorado for use exclusively on United States soil. In this connection the secretary says: "This proposition does not contemplate the diversion of the full flow of the Colorado for use exclusively upon United States soil, for it would be entirely feasible to connect such a canal with that now in Mexico for the supply of lands therein, which are at present supplied, and the supply could be extended by storage."

8. We believe, from the representations made to us, that the sentiment of the residents of the Imperial Valley taken as a whole, is in favor of the bill with the amendments proposed by Secretary Lane.

9. Finally we find, that it is of the utmost importance that contemporaneously with the construction of the proposed canals, reservoirs be constructed to store the flood and normal waters of the river; unless this is done, and waters are in storage ready to meet the added need when the great area of desert land is placed under cultivation, this plan will spell only disaster for its proponents, and we can not urge too strongly that the Government undertake at the very earliest moment, the constructions of the reservoir.

We direct attention, however, to the fact that an all-American canal does not entirely solve the problem of the Imperial Valley. The Imperial Valley largely lies below sea-level, and unless the Colorado River, where it runs

through Mexican territory, is not at flood times kept within its banks through levees properly maintained, the flood waters will spread over the country, flow into the Imperial Valley basin and imperil the whole valley. There is no question but that all the land served by the Colorado River, together with Magdalena Bay which in the hands of an unfriendly naval power will be a great menace to this country, ought to belong to the United States, and that steps should be taken to purchase the same from Mexico. However, even though all this Mexican territory were to be purchased by the United States, it would still be necessary to build the canal proposed, if the great Coachella Valley is to be given water. If it is impracticable to obtain the Mexican lands through purchase, then the United States should arrange by treaty with Mexico that the United States and officials and citizens of the United States should have the right, without the payment of duty, to enter Mexico for the purpose of maintaining the levees along the Colorado River.

The bill in effect provides that no person shall be permitted to purchase more than 160 acres of unentered land and leaves free any person having a valid entry of land not yet patented, to acquire title under the act. A great deal of land under the proposed ditch has simply been entered and no work has been performed upon the entry. The committee from the valley acquiesced in our suggestion that all such entries should by the bill be reduced to 160

acres.

In conclusion, the committee recommends that the chamber of commerce indorse the aforesaid bill, with amendments thereto proposed by Secretary Lane in his letter of July 3, 1919, to the House Committee on Irrigation of Arid Lands and with the added recommendation that the Government take steps to provide that of all Government land lying within the all-American canal district, whether entered or unentered, only 160 acres shall be disposed of to any one person. We further strongly recommend that inasmuch as the canal can never reach its greatest usefulness until the present water supply of the river at low stages is supplemented by conserved waters, that proceedings be begun at once by the construction of suitable reservoirs for the conservation of flood waters of the river.

It further appears to your committee that a large portion of the land not now under ditch, but in the territory to be benefited by he proposed plan, is held in large tracts in private ownership. A great deal of this land is without water and is worthless until some plan is developed for irrigating it. When through the act of the Government in financing this plan water is placed upon these lands they will become of great value.

Our returning soldiers have been promised land by the Government at fair prices based on the present value of the lands to be entered or purchased. Where desert lands are reclaimed, either by the Government directly or indirectly, through its act in financing an enterprise of this character, they should be subdivided into small holdings and sold at a price based largely upon their present value, and we strongly urge that the Secretary of the Interior as a condition to permitting the owners of these lands to participate in the proposed plan require that lands be sold in lots of not to exceed 160 acres at a price to be fixed by the Secretary commensurate with the present value of the land, plus merely a reasonable profit, and that such condition be embodied in the bill and the rules and regulations of the Secretary of the Interior thereunder. Respectfully submitted.

THE ARIZONA CALIFORNIA RIVER REGULATION COMMITTEE, By LUCIUS K. CHASE.

T. E. GIBBON,

C. A. DUCOMMUN.

A. P. JOHNSON.

S. F. ZOMBRO.

H. W. PETTEBONE.

J. B. LIPPENCOTT.

I hereby certify that the above is true and correct copy of report adopted by the board of directors of the Los Angeles Chamber of Commerce at their regular meeting, Thursday, August 28, 1919, and that copies were ordered transmitted to all organizations, newspapers, and other interested parties located in the Imperial Valley, as well as to Secretary of the Interior and southern California's Representatives in Congress.

Attest:

WATT S. MORELAND, President.

FRANK WIGGINS, Secretary.