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Show CONNECTICUT RIVER LITIGATION 617 of 85 million gallons per day between October 15 and June 15 and pro- hibited the taking of any water except during that period. He per- mitted diversion of all waters of the Swift except enough to maintain a flow therein of 20 million gallons per day; but he required that, during the period from June 1 to November 30 there shall be released from the impounding dam 110 cubic feet per second (71 million gallons per day) whenever the flow of the Connecticut at Sunderland, Massachusetts (a town 20 miles north of the confluence of the Chicopee and Connecticut) is 4,650 cubic feet per second or less, and TO cubic feet per second (45 million gallons per day) when the flow is more than 4,650 and less than 4,900 cubic feet per second. The Secretary found that the discharge at Sunderland of 4,650 cubic feet per second corresponds to an average gauge height at Hartford of two feet and that a discharge of 4,900 cubic feet per second corresponds to 2.1 gauge height at Hartford. The annual flow of the Connecticut at the Massachusetts-Connecti- cut boundary is about 17,000 cubic feet per second, approximately 11,000 million gallons a day. The watershed above that boundary is 9,915 square miles. The drainage of the Ware at the point of diversion on that river is 98 square miles and that of the Swift at the point of diversion is 186 square miles. The diversion permitted by the Secretary will furnish about 191 million gallons per day. The Massachusetts Acts do not authorize the diversion of any waters other than the Ware and Swift and as to these the record shows that (as far as counsel can commit it) Massachusetts proposes to abide by the War Department requirements and restrictions. The total area subject to such diversions is 2.93 per cent, of the watershed above Connecticut. The permitted diversions represent an average yearly subtraction from the flow of the Connecticut at the state line of about two percent; but 94 per cent, of this occurs when the Hartford gauge reads above 3.5 feet which means 11.5 feet depth of water. The Government has heretofore sought to maintain 10 feet of water below Hartford. A War Department project contem- plates a 12 foot channel. (On that bottom level, 3.5 feet on the gauge would mean 13.5 feet of water.) Dredging is required every year to maintain a channel of 10 feet over numerous bars below Hartford. Navigation is difficult when the depth falls below 10 feet. There is no difficulty when there is 12 or even 11 feet. The required release of water from the Swift river reservoir during periods of low water will somewhat benefit naviga- tion. The maximum diversions are at high water and lessen depth five to six inches. At medium stages the diversion is less and at very low stages the flow is increased. The diversion will not perceptibly or materially interfere with navigation. The height of floods will be lessened from one to six inches. Be- cause of the diversion, small pieces of hay land will fail to receive flood waters. It is impossible to determine from the evidence to what extent that will occur. The lessening of spring floods will have its advantages and disadvantages; it will reduce some damages and increase others. The damage to the hay land is not shown to be of serious magnitude; and, far from being established by clear and con- vincing evidence, it is not shown by evidence making it possible of computation or proving that it is large. 94^97-69------40 |