| OCR Text |
Show 389 provement to power development.9 Noteworthy also is the fact that early legislation for the benefit of flood control related that function to the promotion of the interests of navigation and commerce.10 California Debris Commission.-Another early exception to the single-purpose legislative treatment is an 1893 provision for the California Debris Commission.11 For Congress here rec- ognized the effect on navigable capacity resulting from the en- croachment of debris from mining operations, natural erosion, and other causes. The Commission was directed to adopt plans to improve the navigability of the Sacramento and San Joaquin River systems, deepen their channels and protect their banks. In addition, these plans were to reconcile, as nearly as prac- ticable, the interests of hydraulic mining and navigation. In- deed, the Commission was to examine the practicability of sites for storage of debris or water, or for settling reservoirs: to protect the navigability of the rivers, to afford flood relief, and to provide sufficient water to maintain summer scouring forces therein.12 Assertion of Control Over Artificial Obstructions.- Moreover, with the increasing number of artificial obstructions to navigation, Congress early decided upon the need for uniform 9 Act of August 11, 1888, § 1, 25 Stat. 400, 417; Act of September 19, 1890, 26 Stat. 426, 447; Act of June 28, 1902, 32 Stat. 408, 409; see also Act of March 3, 1879, 20 Stat. 377, 387. In addition, the Act of August 11, 1888, also gave the Secretary of the Army discretionary authority to provide "practical and sufficient fish-ways" whenever the improvements obstruct fish passage. § 11, 25 Stat. 425. 10 Act of September 19,1890, § 1, 26 Stat. 426, 450, appropriating funds for the Mississippi River Commission to be used "in such manner, to such extent, and in such proportion as in their opinion shall best promote the interests of commerce and navigation." See also Act of March 1, 1917, § l(a), 39 Stat. 948, see 33 U. S. C. 702; Act of March 3, 1921, 41 Stat. 1354; Act of July 29, 1921, 42 Stat. 146; Act of August 18, 1921, 42 Stat. 171; Act of May 31, 1924, 43 Stat. 249; Act of May 15, 1928, § 10, 45 Stat. 534, 538, 33 U. S. C. 702j. 11 Act of March 1,1893, 27 Stat. 507, see 33 U. S. C. 661 et seq. 12 Under a 1938 amendment, the Secretary of the Army may contract to supply storage for and use of outlet facilities from debris storage reservoirs for domestic and irrigation purposes and power development. Act of June 25,1938, 52 Stat. 1040, see 33 U. S. C. 683. |
