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In conclusion I would like to say something which I believe all who come before this committee here or elsewhere should keep in mind. Whatever is sought to be accomplished with respect to these water prolbems that are so vital to our State and Nation should be sought insofar as possible on a nonpartisan and objective basis. In a matter of such importance to all of us, it does not become any of us to take a selfish approach to these problems by trying to turn the activities of the Federal and State Governments to our personal ends. The problems should be considered always with the interest of the Nation at heart and the interest of each State and area insofar as it fits in with the Nation's interests.

Thank you again for this opportunity to committee.

appear before your

Mr. JONES. Governor, it is good to have you. I would like to say this: I understand that the Southern Governors Conference is to be held shortly?

Governor HODGES. That is right, sir.

Mr. JONES. For their information I would like to send your statement to the other governors attending that conference, for I know that North Carolina is doing a great deal in the field of water resources and certainly they should welcome the opportunity of knowing what you are doing so they will not be neglected in other States.

It seems to me that the water problems we face in this country are always dealt with too late and not in time. We see the distress which is brought about by improper management and improper treatment, and then we rush to make huge and extraordinary expenditures in order to correct the situation.

Governor HODGES. I appreciate that, Mr. Chairman. We will furnish you copies.

Mr. JONES. And I assure you of another thing. We are seeking here to make the inquiry that you have invited us to make, as to the truth and validity not only of what the Hoover Commission's report itself contains, but as to the views of all those who dissented in that report. Now, Mr. Lipscomb?

Mr. LIPSCOMB. Governor, I would like to compliment you on the statement you made. I thought it was an excellent statement. Governor HODGES. Thank you.

Mr. LIPSCOMB. I would also like to commend you and the State of North Carolina on bringing into being your State board of water commissioners. The State assumed, in my opinion the proper responsibility and is discharging its responsibility in the right fashion and in the right manner.

You mentioned Congressman Chet Holifield's dissent. Chet Holifield was 1 of 12, I believe, on the Hoover Commission. He is the only 1 of the 12 members of the Hoover Commission who wrote such a dissent. There were others on the Commission like Senator McClellan and the other members, who are Mr. James A. Farley, and Mr. Herbert Brownell, Jr., Mr. Arthur S. Flemming, and so on. However, Mr. Holifield was the only one who wrote such a dissent.

I note your comments, and I think this should be looked into all right, but I have not the same opinion at the present time.

As a member of the committee I would like to apologize for the pres sure that was put on you to obtain all of the information you had to

get. I too wish you had had more time in obtaining all of the facts you needed.

Again I would like to say you made a very fine statement.

Mr. JONES. Without objection, I would like to have in the record immediately following the Governor's statement a copy of the State statutes creating the North Carolina Board of Water Commissioners. (The statute referred to is as follows:)

Session 1955.

H. B. No. 962 Introduced by Representatives Blue, Etheridge, Harris of Stanly, et al. Referred to Committee on Conservation and Development

A BILL To be entitiled "An Act to provide for a Board of Water Commissioners of North Carolina to carry on a program of conservation and education in the use of water; and to provide for the allocation of water under certain emergency conditions"

The General Assembly of North Carolina do enact:

SECTION 1. Declaration of policy.-It is hereby declared that the general welfare required that the water resources of the State be put to beneficial use to the fullest extent of which they are capable, and that the waste or unreasonable use or unreasonable method of use of water be prevented, and that the conservation of such water be exercised with the view to the reasonable and beneficial use thereof in the public interest.

SEC. 2. Purpose of Act.-The purpose of this Act is to provide a State agency to study and gather information concerning the State's water resources; to devise plans for the most beneficial long-range conservation and use of said water resources; to make public information concerning the same; and to prepare and submit to the Government and the General Assembly recommendations for the improvements in methods of conserving and using said water resources. It is the further purpose of this Act to provide that the aforementioned State agency shall, during periods of water emergency as found to exist pursuant to the provisions of this Act, have sufficient authority to take steps as hereinafter set forth to meet such emergency to the end that the harmful effects of the emergency shall be reasonably minimized.

SEC. 3. Definitions.-When used in this Act the following words shall have the following respective meanings:

(a) "Person" shall mean any and all persons, including individuals, firms, partnerships, associations, public or private institutions, municipalities or political subdivisions, governmental agencies, or private or public corporations organized or existing under the laws of this State or any other State or county.

(b) "Board", as the term is used in this Act, shall mean the Board of Water Commissioners of North Carolina.

SEC. 4. Act to be administered by Board of Water Commissioners; composition of Board.—For the administration of this Act, there is hereby created a Board of Water Commissioners of the State of North Carolina to consist of 7 members to be appointed by the Governor, at least 1 of whom shall represent the interests of agriculture, at least 1 of whom shall represent the interest of power industry, and at least 1 of whom shall represent the interest of other industry, and at least 1 of whom shall represent the interests of municipalities. Of the members of the Board initially appointed by the Governor, 2 shall serve for terms of 2 years each, 2 shall serve for terms of 4 years each, and 3 shall serve for terms of 6 years each. Thereafter, all appointments shall be for terms of 6 years. The Governor shall designate a chairman from among the membership of the Board and shall, by appointment, fill all vacancies occurring by reason of death, resignation, or other cause.

The following persons shall serve as members of an advisory committee which shall act in an advisory capacity to the Board: The Commissioner of Agriculture, the Director of the Agricultural Extension Service, the Director of the Department of Conservation and Development, the State Soil Conservationist, the Secretary of the State Board of Health, the Director of the State Recreation Commission, the Executive Secretary of the Stream Sanitation Committee, and the Executive Director of the Wildlife Resources Commission. The Governor shall appoint as members of the advisory committee 3 Members of the House of Representatives and 2 Members of the Senate of the General Assembly, 1 member of the advisory committee who shall represent industry, 1 member who 70818-56-pt. 2---2

shall represent the electric power industry and 1 member who shall represent municipalities. The members of the advisory committee so appointed by the Governor shall serve for terms of 2 years beginning July 1, 1955.

The Governor shall designate a chairman among the membership of the advisory committee and shall, by appointment, fill all vacancies occurring by reason of death, resignation, or otherwise. The advisory committee shall meet upon the call of the Chairman of the Board or the chairman of the advisory committee and shall consider such matters as are brought to its attention. The members of the advisory committee shall, during the performance of their duties, receive regular State travel expenses.

SEC. 5. Compensation of Board members.-Each member of the Board, while in the performance of the duties for which appointed, shall receive for his services $7 per day and regular State travel expenses.

SEC. 6. Organization of Board.-The Governor shall call an organizational meeting of the Board within thirty days after appointment of the members. At such first meeting and annually thereafter, the Board shall elect one of its members to serve as secretary.

SEC. 7. Ordinary powers and duties of the Board.-Except as otherwise specified in this Act, the powers and duties of the Board shall be as follows:

(a) The Board shall carry out a program of planning, research, and education concerning the most beneficial long-range conservation and use of the water resources of the State.

(b) A general inventory of water resources of the State shall be maintained by the Board. The Governor may direct any other State agency having information concerning the water resources of the State to make this information available to the Board in order to assist it in maintaining this inventory.

(c) The Board, based on information available, shall notify any municipality or other governmental unit of potential water shortages or emergencies foreseen by the Board affecting the water supply of such municipality or unit together with the Board's recommendations for restricting and conserving the use of water or increasing the water supply by or in such municipality or unit. Failure reasonably to follow such recommendations shall make such municipality or other governmental unit ineligible to receive any emergency diversion of waters authorized by section 9 of this Act.

(d) The Board is authorized, subject to the State Personnel Act and the Executive Budget Act, to employ a full-time executive secretary and such other personnel as may be necessary to carry out the purposes of this Act.

(e) The executive secretary shall serve as administrative officer of the Board and shall exercise such administrative powers as are delegated to him by the Board. He shall serve at the pleasure of the Board.

(f) The Board is authorized to call upon the Attorney General for such legal advice as is necessary to the functioning of the Board.

(g) Recognizing the complexity and difficulties attendant upon the recommendation to the General Assembly of fair and beneficial legislation affecting the use and conservation of water, the Board shall solicit from the various water interests of the State their suggestions thereon.

(h) The Board may hold public hearings for the purpose of obtaining evidence and information and permitting discussion relative to water resources legislation and shall have the power to subpena witnesses therefor.

(i) All recommendations for proposed legislation made by the Board shall be available to the public.

(j) The Board shall file with the Governor and the General Assembly a biennial report in which its activities for the preceding two year shal. be summarized and which shall contain recommendations for the improvement and methods of conserving and using the State's water resources.

(k) The Board shall adopt such rules and regulations as may be necessary to carry out the purposes of this Act.

(1) Any member of the Board or any person authorized by it, shall have the right to enter upon any private or public lands or waters for the purpose of making investigations and studies reasonably necessary in the gathering of facts concerning streams and watersheds, subject to responsibility for any damage done to property entered.

SEC. 8. Declaration of water emergency. Upon the request of the governing body of a county, city, or town the Board shall conduct an investigation to determine whether the needs of human consumption, necessary sanitation, and public safety require emergency_action_under section 9 of this Act. Upon making such determination, the Board shall conduct a public hearing on the

question of the source of relief water after three days written notice of such bearing has been given to any persons having the right to the immediate use of water at the point from which such water is proposed to be diverted. After determining the sources of such relief water, the Board shall then notify the Governor and he shall have the authority to declare a water emergency in an area including said county, city, or town and the source or sources of water available for the relief hereinafter provided: Provided, however, That no emergency period shall exceed thirty days; but the Governor may declare any number of successive emergencies upon request of the Board.

SEC. 9. Water emergency powers and duties of the Board.-Whenever, pursuant to this Act, the Governor has declared the existence of a water emergency within a particular area of the State, the Board shall have the following duties and powers to be exercised only within said area and only during such time as the Governor has, pursuant to this Act, designated as the period of emergency :

(a) To authorize any county, city, or town in which an emergency has been declared to divert all or any part of the water in the emergency area to take care of the needs of human consumption, necessary sanitation, and public safety: Provided, however, That there shall be no diversion of waters from any stream or body of water pursuant to this Act unless the person controlling the water or sewerage system into which such waters are diverted shall first have limited and restricted the use of water in such water or sewerage system to human consumption, necessary sanitation and public safety and shall have effectively enforced such restrictions. Diversion of waters shall cease upon the termination of the water emergency or upor the finding of the Board that the person controlling the water or sewerage system using diverted waters has failed to enforce effectively the restrictions on use to human consumption and necessary sanitation and public safety.

In the event waters are diverted pursuant to this Act, there shall be no diversion to the same person in any subsequent year unless the Board finds as fact from evidence presented that the person controlling the water or sewerage system has made reasonable plans and acted with due diligence pursuant thereto to eliminate future emergencies by adequately enlarging such person's own water supply.

(b) To make such reasonable rules and regulations governing the conservation and use of diverted waters within the emergency area as shall be necessary for the health and safety of the persons who reside within the emergency area; and the violation of such rules and regulations during the period of the emergency shall constitute a misdemeanor punishable by a fine of not more than $1,000 or imprisonment for not more than one year or both within the discretion of the court: Provided, however, That before such rules and regulations shall become effective, they shall be published in not less than two consecutive issues of not less than one newspaper generally circulated in the emergency area.

SEC. 10. Temporary rights-of-way.-When any diversion of waters is ordered by the Board pursuant to section 9 of this Act, the person controlling the water or sewerage system into which such waters are diverted is hereby empowered to lay necessary temporary water lines for the period of such emergency across, under, or above any and all properties to connect the emergency water supply to an intake of said water or sewerage system. The route of such water lines shall be prescribed by the Board.

SEC. 11. Compensation for water allocated during water emergency and temporary rights-of-way.-Whenever the Board, pursuant to section 9 (a) of this Act has ordered any diversion of waters, the person controlling the waters or sewerage system into which such waters are diverted shall be liable to all persons suffering any loss or damage caused by or resulting from the diversion of such waters or caused by or resulting from the laying of temporary water lines to effectuate such diversion. The Board, before ordering such diversion, shall require that the person against whom liability attached hereunder to post bond with a surety approved by the Board in an amount determined by the Board and conditioned upon the payment of such loss or damage.

SEC. 12. Cooperation of State agencies and officials.-The Governor may direct the cooperation and assistance of all State agencies and officials for the purpose of enforcing and carrying out the intent, purpose and policies of this Act and the rules and regulations made by the Board pursuant to this Act.

SEC. 13. All laws and clauses of laws in conflict with this Act are hereby repealed.

SEC. 14. This Act shall be in full force and effect from and after its ratification.

Mr. JONES. Our next witness is Gen. E. F. Griffin, State director of civil defense for North Carolina.

General, we are glad to have you today. I believe you testified in Washington not too long ago.

STATEMENT OF EDWARD F. GRIFFIN, STATE DIRECTOR OF CIVIL DEFENSE FOR NORTH CAROLINA

Mr. GRIFFIN. Yes, sir.

Mr. JONES. I was a member of the committee that heard your testimony on that occasion. That was in June or July of this year. Mr. GRIFFIN. Yes, sir. June, I believe.

Mr. Chairman and gentlemen, my name is Edward F. Griffin. My position is State director of civil defense.

We have suffered, in North Carolina, during the past 11 months, 4 very destructive hurricanes, as I am sure all of you gentlemen are acquainted with. These have brought untold damage to our State and our citizens. We have finally gotten the figures on our estimates of the Hazel damage, which occurred in our State on October 15. Those figures amount, Mr. Chairman, to $123,500,000 in damage which we sustained as a result of Hurricane Hazel last fall.

The figures I am about to give you are purely estimate based on the information we have been able to receive up to this time. It will be several weeks before our department could get the figures showing the full impact on our State of these last three hurricanes. There are many hidden damages which will show up in months to come. In the storm area there are many drainage districts that suffered untold damages from debris being deposited in the canals and ditches; these drainage systems being the lifeline of our agriculture in many counties.

There have been filed up to this time, with many more to come, more than 27,000 insurance claims.

In 12 of our counties, we have had 45,328 acres of our croplands covered with salt water. In 31 of our counties, we have had 86,590 of our acres of cropland covered with fresh water. Our losses have been tremendous and aggravated from a drainage standpoint, due to the damage sustained by our drainage system as a result of Hurricane Hazel last fall.

We had considerable damage done to the canals and rivers at that time, and a lot of our waterways in eastern North Carolina needed snagging and needed debris cleared from them.

It is my firm opinion if we had had this taken care of before these last three storms we certainly would not have had the floodwaters we did have as a result of these storms.

Our estimates-and they are estimates, may be heavy in spots; but I am sure that we will find that they are underestimated in other areas, and our losses will average out in the neighborhood of the figures which I am about to give you.

We had in one community in our State 45 homes completely destroyed and all contents, of course. One hundred and seventy-five homes in this little city received major damage, and 850 homes received minor damage. Forty square blocks of this town of ours in eastern North Carolina were covered with water from several inches deep up to 10 feet deep.

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