Sullivan makes as his principal point the fact that a report by Mr. Bartell, assistant city engineer, in April, 1912, was never submitted to the board of Army engineers, and that if this report had been submitted the conclusion of the board would have been very different. This report was not seen by the board. The board, however, attaches no importance to this fact. The assistant engineer in the employ of the board, Mr. H. H. Wadsworth, has written that he had several conversations with Mr. Bartell on the subject and was generally familiar with considerable, at least, of the data obtained by him and his deductions therefrom. The main point, however, is that the board itself had such independent examinations and investigations made of the Mokelumne, as well as other streams, as seemed necessary in order for the board to form its opinion on this source of supply. Mr. Bartell's report could not have changed the facts thus ascertained. The report of the chief engineer of the company was in the hands of the board.

In determining the supply of water that can be obtained from any of the Sierra sources there are two main considerations: First, the amount of water that flows down the stream; and, second, the reservoir capacity for storage of water during the dry seasons of the year and especially during dry years, which frequently occur in California.

The method of determining the flow of any river, such as the Mokelumne, is to measure the flow at such points and at such times as may be practicable and to have the record of the rainfall from which the run-off may be deduced. The records of rainfall and run-off are not very complete or continuous for any length of time on these Sierra rivers. Some have been made by the State of California, some in recent years by the United States, and others to a certain extent by corporations or individuals. All these records, as far as known, were at the disposal of the board, and the board was therefore able to deduce with as much accuracy as anyone what is the total flow of the Mokelumne.

RESERVOIRS TOO COSTLY AND INFERIOR.

As to the reservoirs, the assistant engineer of the board made personal examinations and reconnaissances of the three principal reservoir sites-namely, North Fork of Mokelumne, Railroad Flat, and Forest Creek-and directed special surveys to be made of the two largest ones by the city of San Francisco, which was done. The board itself inspected one of the two main reservoir sites, the Railroad Flat, for the special reason that the use of this reservoir was considered of doubtful value on account of its cost. One of the reserviors specially mentioned by Mr. Sullivan is the Blue Lakes. This reservoir is, however, of little value, as the catchment area is only 4 square miles, and therefore but little water will flow into it.

Furthermore, investigations by the Geological Survey in the last few years have indicated that the reservior capacity on this watershed outside of the few mentioned is very small. The reservoirs on the Mokelumne are very inferior to those on the Tuolumne. For instance, with a dam somewhat over 300 feet in height, the amount of masonry in the dam at Hetch Hetchy is less than 5 cubic yards for each million gallons stored, while for the main reservoir on the Mokelumne, on the north fork, it is 23 cubic yards and that at the Railroad Flat Reservoir but little less. The capacity of the Hetch Hetchy Reservoir with a 300-foot dam is about 120,000,000,000 gallons; that at the north fork of the Mokelumne about 28,000,000,000 gallons; the Railroad Flat Reservoir about 21,500,000,000 gallons. It is therefore very evident that the relative cost of the reservoirs on the Mokelumne River is much greater than at Hetch Hetchy Valley.

The amount of land that could well be irrigated from the Mokelumne and the rights for power and irrigation were obtained by the board after such investigation as was possible and are believed to be correct. As stated, much of this land is not yet irrigated, but the tendency in that part of California is toward irrigation, and it is believed that in time it will be desired to irrigate much more land than at present. The amount assumed for irrigation is 200,000 acres, less than half of what is allowed for irrigation in the discussion of the supply from the Tuolumne River.

INADEQUATE SUPPLY OF WATER.

The board therefore believes that the estimate of 128,000,000 gallons daily is about all that could be counted on from the Mokelumne River unless the existing water rights be purchased at great expense and unless the land tributary to this river be perpetually deprived of water from this source for irrigation. Even if all the water from the Mokelumne could be used for San Francisco, it would not be sufficient on account of the relatively small reservoir capacity in this watershed and the impossibility of using reservoirs in other watersheds on account of the prohibited expense. In California the floods last but a short time; dry years occur along with the wet ones and large storage possibilities are imperative.

It does not appear from the testimony of Mr. Sullivan just where the large supply he estimates, 350,000,000 to 500,000,000 gallons daily, is to be obtained. It is thought possible that he may make use of some of the water falling on the foothills and lower. This, however, has not been considered allowable in making estimates on any of the supply from the Sierras, for the reason that these foothills are fast becoming more and more thickly inhabited and it was desired to obtain water from a source which lies above ordinary habitation.

ARMY BOARD GOT ITS OWN DATA.

To sum up, there is nothing in the testimony of Mr. Sullivan, and it is believed that there can be nothing in the report of Mr. Bartell, which would affect the conclusions of the board, for the reason, as stated above, that the board obtained, as far as was considered desirable, its own data, excepting that which was of a public nature and therefore available to the board. As to the relative cost of the projects, the report indicates that the Tuolumne supply is much the more economical. The distance over which Mokelumne River water would have to be transported is about the same as for the Tuolumne, and difficulties in construction of aqueduct are about the same, while the cost of the reservoirs is relatively very much greater. For the amount of water that is needed by the bay communities there can be no question but that the Tuolumne supply is more economical than any other and that the Mokelumne can be used only in connection with supplies from other sources, as it is not in itself sufficient.

FULL HEARING GIVEN COMPANY.

It might be added that the board gave to the Sierra Blue Lakes Water & Power Co. on July 5, 1911, a hearing, which was stenographically reported. At this hearing were present Messrs. E. J. Sullivan, president; C. M. Burleson, chief engineer; James N. Gillett and W. H. H. Hart, attorneys for the company. Every opportunity was given them to thoroughly present the project, and in addition, a report on this source of supply prepared by the chief engineer, Mr. C. M. Burleson, was submitted to the board.

Very respectfully,

JOHN BIDDLE,
Colonel, General Staff, Chairman Board of Officers of
Corps of Engineers, United States Army.

HON. WILLIAM KENT,
House of Representatives, Washington, D. C.

BRIEF OF THE CITY AND COUNTY OF SAN FRANCISCO.

Including a brief history of the Hetch Hetchy project to date and a résumé of the testimony and arguments adduced at the hearing before the Public Lands Committee of the House of Representatives.

To the honorable chairman and members of the Public Lands Committee of the House of Representatives the following brief and argument in support of the above-entitled bill is respectfully submitted.

GEOGRAPHICAL SITUATION.

For the benefit of those Members who are not wholly familiar with the relative geographical location of the cities, districts, and water sources affected by this bill the following brief statement is made:

The cities of San Francisco, Burlingame, San Mateo, Redwood, Palo Alto, Hayward, Alameda, Oakland, Piedmont, and Berkeley, which are to be organized into a municipal water district for development of the Hetch Hetchy water supply, form an almost continuous chain around the Bay of San Francisco. Their combined population at the present date is more than 700,000. Directly east of these bay cities the Coast Range Mountains form a low barrier between the bay cities and the San Joaquin Valley, one of the two great interior valleys of California. Through the middle of this valley the San Joaquin River flows north to the Carquinez Straits and thence into San Francisco Bay. On the east side of the valley the Sierra Nevada range rises, reaching heights of over 12,000 feet at the summit. Down the western slopes of the Sierras the Tuolumne River winds in a general westerly direction to its confluence with the San Joaquin River. For the purpose of irrigating during the

dry season the part of the valley floor which is normally drained by the Tuolumne River, the Modesto and Turlock irrigation districts were formed, comprising 257,000 acres in extent. Conjointly they have built the La Grange diverting dam at the point where the Tuolumne leaves the foothills on its westward course, and divert its waters through irrigating canals to the extent of their needs. About 50 miles farther up the Tuolumne and about 165 miles due east from San Francisco the river flows through the Hetch Hetchy Valley, which lies within the boundaries of the Yosemite National Park, about 25 miles north of the Yosemite Valley and on an entirely different watershed. The valley floor is about 3,530 feet in elevation. To the north of Hetch Hetchy and about 9 miles distant lies Lake Eleanor, one of the numerous mountain lakes of the Sierras. A short distance west of Lake Eleanor the ground falls off into Cherry Valley, through which the Cherry River flows to join the Tuolumne about 12 miles below the Hetch Hetchy Valley. The relative positions of the foregoing points will more readily appear from the map on file with your committee.

HISTORICAL SUMMARY.

(See statement of Percy V. Long, transcript,1 p. 94.)

The city of San Francisco is now, and for many years past has obtained its water supply from the Spring Valley Water Co., whose reservoirs and sources of supply are situated in the adjoining Coast Range Mountains. As much as 12 years ago it became apparent to the municipal authorities that the supply afforded by the company was becoming inadequate for the city's needs. Requests from outlying districts for water extensions were being met by refusals from the water company, owing to its inability to properly supply a larger number of consumers. In 1901 the city engineer was ordered to and did make an investigation of various possible sources. Out of 14 sources then considered feasible, the Tuolumne River was selected as being superior in quantity, quality, and accessibility to all the others. Appropriations were duly filed in the city's behalf in accordance with the law then in force. Application was forthwith made to the Secretary of the Interior for permits to impound the water at Hetch Hetchy and Lake Eleanor and conduct the same to the city. The application was denied; was renewed in 1905; and again denied. The great fire of 1906 caused a suspension in proceedings, and in 1907 the matter was again taken up before Secretary Garfield, who in 1908 issued a revocable permit requiring the construction of the Lake Eleanor Dam and full development of that source before anything could be done at Hetch Hetchy. Two serious objecticns presented themselves to procedure under this permit.

First, the Eleanor Dam was vastly more expensive to construct than the Hetch Hetchy Dam and impounded far less water. Every principle of economy dictated that the less expensive dam should be first built and the Lake Eleanor source developed later as a supplemental supply.

Second, bonds for construction issued on the basis of a revocable permit would be extremely difficult to sell.

Nevertheless the people of San Francisco proceeded in good faith to comply with the terms of the Garfield permit. They voted $600,000 in bonds in 1909 to acquire lands near Lake Eleanor held in private ownership and $45,000,000 in bonds in 1910 for construction purposes.

Then they were suddenly served with notice by Secretary Ballinger to show cause why their permit should not be revoked as to the Hetch Hetchy source. Hearings on this order were postponed by the department until the fall of 1912. In the meanwhile the city of San Francisco had engaged the services of John R. Freeman, one of the most eminent engineers in the country, to examine all available sources and particularly the Tuolumne source, with a view to determining which was best adapted to the city's needs and the proper method of development. Mr. Freeman, after a long and careful investigation made with the assistance of a corps of experts, unhesitatingly recommended the Tuolumne supply and insisted that the only proper course of development would be to use the Hetch Hetchy Valley first and the Lake Eleanor and Cherry Valley Reservoirs as adjuncts. Concurrently with the investigation by the city's experts a board of engineer officers of the United States Army made an independent study of the situation. Their conclusions were, in brief, that the Hetch Hetchy supply was the most economical for the city to use, being at least $20,000,000 cheaper ultimately than any other available source. In addition the board states as a conclusion on page 50 of its report:

"The board further believes that there will be sufficient water if adequately stored and economically used to supply both the reasonable demand of the bay communities

References to transcript are to the transcript of proceedings before the Public Lands Committee of the House of Representatives, June 25-July 7, 1913 (printed as a House document).

and the reasonable needs of the Turlock-Modesto irrigation district for the remainder of the century.'

This report, together with Mr. Freeman's report as to sources of water supply for the bay communities and the city attorney's report as to the condition of titles on the Tuolumne, were before Secretary Fisher at the hearing held in November, 1912. At this hearing all parties, proponents and opponents of the plan, were present and the case was presented from every aspect. Secretary Fisher reached the conclusion that the matter could only be properly handled by Congress and continued it for that purpose into the present year. The bill before this committee is a counterpart of H. R. 6281 which has been favorably reported by the House Committee on Public Lands.

WHAT SAN FRANCISCO IS ASKING FOR.

In the bill presented for your consideration, the city of San Francisco has set forth the rights which Congress must grant before the city can proceed with this great project. These rights are, briefly, as follows:

1. The right to construct a dam at the mouth of Hetch Hetchy, Lake Eleanor, and Cherry Valley and to flood said valleys to the height of their respective dams.

2. Rights of way through the Yosemite National Park and Stanislaus National Forest for tunnels, aqueducts, and water conduits, also for telephone, telegraph, and power transmission lines, roads, and trails.

3. Necessary power-house sites and diverting or storage dam sites.

4. The right to take stone, earth, and other materials for construction purposes from the land covered by the rights of way and adjoining land.

The water which San Francisco has appropriated under the laws of California and expects to store and beneficially use by means of the above works is the storm water of the Tuolumne-the water which has been going to waste every year over the La Grange irrigation dam during the high-water months.

CONDITIONS TO WHICH SAN FRANCISCO CONSENTS.

In order that the Government and the public may be amply protected in the exercise of this grant, the bill proposes that all procedure thereunder shall be carefully regulated by the Secretary of the Interior. Maps are to be filed and approved before the city can proceed. Work is to be commenced within a reasonable time and prosecuted diligently. The usual charges are to be paid to the Government for timber taken and the bill fixes an annual rental to be paid the Government as compensation for the rights granted. Campers are to be restricted by only a few simple sanitary regulations, which are fully set forth and can never be amplified by the city. All regulations of the Department of the Interior and Bureau of Forestry shall be complied with by the city. The city is prohibited from ever selling to private corporations or individuals the right to sell water, thus protecting this grant from ever falling into the hands of speculators.

WHAT SAN FRANCISCO PROPOSES TO DO IN RETURN FOR THIS GRANT.

In return for this grant San Francisco proposes:

First. To adequately protect all existing irrigation rights to the waters of the Tuolumne with ample allowance for future requirements. This feature will be discussed more fully a little later.

Second. To build at its own expense a magnificent system of roads and trails which will make one of the most beautiful scenic parts of the Sierra, now reached only by tedious journeys afoot or on mule back, generally accessible to the public.

Third. To furnish stored water to the irrigationists over and above the amount to which they are now entitled at actual cost of storage, where the same can be spared from municipal use.

Fourth. To furnish electric power at cost to the Modesto and Turlock irrigation districts and to municipalities situated therein.

OBJECTIONS WHICH HAVE BEEN OFFERED TO GRANT.

In seeking the grant of rights necessary to the development of its Hetch Hetchy project, the city of San Francisco has endeavored to meet every objection interposed in a fair-minded way. Some of these objections which were made in good faith by people who conscientiously believed that the grant would infringe on their rights the city has silenced by conceding practically all that was asked. Other objections which have been made or instigated by persons who are actuated purely by a desire to sell other projects to the city San Francisco has been impelled to resist by force of logic.

At the hearing before the House Public Lands Committee these objections, offered by opponents to the bill, sifted down to a very few. We enumerate the more important

ones:

1. That in using the Hetch Hetchy Valley as a reservoir site San Francisco will destroy a camper's paradise.

2. That the irrigation interests of the San Joaquin Valley are being insufficiently protected.

1. Taking up these objections seriatim, we find no justification for the first conclusion. It is true that if the grant is made the city will flood the floor of Hetch Hetchy Valley and destroy its availability as a camp site. But the valley floor is not particularly well adapted to camping purposes. Col. Biddle, of the Army board, in his testimony before the House committee (transcript, p. 65), says:

"The point is this: In the early summer the mosquitoes are bad and in the late summer it is too hot in the Hetch Hetchy Valley. It is about 3,000 or 4,000 feet in altitude and the people want to go up to 6,000 or 8,000 feet."

It is a well-known fact to those who have ever visited Hetch Hetchy that the mosquitoes make the valley almost uninhabitable in the early summer, it being even necessary to wear veils for protection. With the establishment of a permanent lake in the valley, this evil will disappear. Moreover, the best part of the land which is now used for camping purposes by the two or three hundred people that venture into the valley during the entire year now belongs to the city of San Francisco in fee simple (transcript, p. 145; see also p. 63), and campers could be excluded therefrom at present if the city were inclined to take such action.

On the other hand, in return for these camping grounds which can only be used by suffrance of the city and are only suitable for that purpose during about two months of each year, the city proposes to surrender other lands owned by it outside of the valley to the Government for camping purposes. We refer to the Tiltill Valley, containing 160 acres, situated about 3 miles northeast of Hetch Hetchy, the canyon ranch of 160 acres situated about 3 miles southwest of the valley, the Hog ranch, comprising 322.45 acres, about 8 miles southwest of the valley, and a considerable area of good camping land in the vicinity of Lake Eleanor. (Transcript, pp. 145–147.)

The board of Army engineers on page 51 of their report say:

"The construction of reservoirs, especially the Hetch Hetchy, will destroy a few camping grounds within the park. The construction of the proposed trails will, however, render accessible other parts of the park not now readily reached, and the number of camping places within the park is large."

2. The best answer to the cry heard from stray quarters that the irrigation interests are not being sufficiently protected is the attitude of the official representatives from those districts at Washington. The San Francisco representatives conferred with them as soon as the bill was introduced, with the result that as now amended the bill meets practically every demand they have made, and they have withdrawn the objections to it. The only substantial point the city has never conceded is the contention advanced that San Francisco should never be allowed to take one drop of water from the San Joaquin Valley watershed, because the valley might some day be able to use it. The city does not concede either the truth of the premise or the logic of the conclusion reached therefrom. Let us examine the figures and conclusions reached by the Army board.

On page 50 of their report the Army engineers find:

"That there will be sufficient water if adequately stored and economically used to supply both the reasonable demand of the bay communities and the reasonable needs of the Turlock-Modesto irrigation district for the remainder of this century." The city of San Francisco in the proposed bill has conceded to the Modesto-Turlock irrigation district the full amount of flow of the Tuolumne to which they are legally entitled, viz, 2,350 second-feet; has allowed them to take for storage purposes during the two months of the year when the water is highest up to 4,000 second-feet of the daily flow; has agreed to sell them stored water from the city's reservoirs at cost whenever they need it; and has allowed them to increase their maximum irrigable area from 257,000 acres to 300,000 acres, so as to permit of their sharing their supply with the newly organized Waterford district. In addition to all this it has agreed to furnish both districts with hydroelectric power at absolute cost. Could anything be more equitable than this proposition? The Army board characterizes, on page 45 of its report, the proposition made by San Francisco to Secretary Fisher for protection of the irrigation districts as a "reasonable one." The present proposition goes further than that one. It is more than reasonable. It is distinctly generous, and has been so recognized by the representatives of the irrigationists, with the sole exception of those who believe San Francisco should never be allowed to use the Tuolumne watershed at all.