AZ vs. CA:24 California Exhibits, Vol. XXIV; Miscellaneous

page A26

A26 APPENDIX 2 04 TQsnt of its basin, the usd of its waters for purposes of navigation shall be subservient to the uses of such waters for domestic, agricultural, and power purposes. If the Congress shall not consent to this paragraph, the other provisions of this compact shall nevertheless remain binding. Many years ago the navigation of the Colorado River was possible and was actually carried on from the mouth of the river to poiats in what is now the State of Nevada. As late as ^904 there were still some boats engaged in transportation upon the lower reaches of the river. In 1901 the first large diversion from the lower stream system, that to the Imperial Valley, began, and this, with other developments in the basin, necessarily depleted the supply for navigation below that point. In 1904 Congress passed an act (33 Stat. 224, sec. 25) authorizing the Secretary of the Interior to divert the waters of the Colorado River for the irrigation of lands now constituting the Yuma irrigation project. Under this authority there was constructed shortly thereafter what is known as the Laguna Dam, a large dam across the channel of the river a short distance above Yuma. This dam now effectually prevents any navigation of the river between points above and below. Prior to the construction of this dam the operation of boats on the river had become unprofitable, there having been no navigation for several years. The boats then in service were old. They were purchased by the Government, used in connection with the construction of the dam, and then put out of service. While there is an occasional period of high water when navigation may be physically possible, this would continue for only a few months in ordinary years. There is no commercial navigation upon the river at present. Gen. Lansing H. Beach, Chief of Engineers of the United States, War Department, in testifying before the commission, said: While the lower Colorado did have some navigation on it in the seventies, there is nothing on it today to justify navigation being regarded as of foremost impoitance. Later in his testimony he stated that he considered the river navigable as far as the mouth of the Gila. These facts are the basis for the declaration in the compact that "the Colorado River has ceased to be navigable for commerce." If navigation were to be considered as of paramount importance on this river, it would necessarily mean very serious interference with the agricultural and industrial development of the country tributary to it. Further dams across the stream must be constructed. Further water must be diverted, and a large quantity will be permanently lost to the volume of the river through evaporation, consumption, and diversion from the stream system. To" render the river commercially navigable in fact requires a supply of water considerably greater in volume and more regular in flow than that now