HETCH HETCHY RESERVOIR SITE HEARING BEFORE THE COMMITTEE ON PUBLIC LANDS UNITED STATES SENATE SIXTY-THIRD CONGRESS FIRST SESSION ON H. R. 7207 AN ACT GRANTING TO THE CITY AND COUNTY OF SAN FRANCISCO CERTAIN RIGHTS OF WAY IN, OVER, AND THROUGH CERTAIN PUBLIC LANDS, THE YOSEMITE NATIONAL PARK, AND STANISLAUS NATIONAL FOREST, AND CERTAIN LANDS IN THE YOSEMITE NATIONAL PARK, THE STANISLAUS NATIONAL FOREST, AND THE PUBLIC LANDS IN THE STATE OF CALIFORNIA, AND FOR OTHER PURPOSES WASHINGTON GOVERNMENT PRINTING OFFICE 1913 STATEMENT OF HON. JOHN E. RAKER, A REPRESENTATIVE IN CONGRESS FROM CALIFORNIA. Mr. Raker, Mr. Chairman and gentlemen of the committee, my time will be brief, but I will apply myself principally to the objections to using the Hetch Hetchy for any and all purposes. The matters in connection with San Francisco's use of the water, with which I am somewhat familiar, will be ably presented by Mr. Freeman, who is here representing San Francisco and others. This matter is familiar to me. I have been over practically all of this territory except right down on the floor of this valley. That entire country is in my district, and my people realizing the question of conservation and the question of utilizing not only the lands but the water, feel that under the conditions of this bill it ought to pass, because they believe it is one of the greatest pieces of constructive legislation the State of California has ever had. It utilizes the park in a proper way; it gives to the city and county of San Francisco the pure water it ought to have; it absolutely guarantees to these districts the permanent supply of water that they themselves by their committee and their representatives state they ought to have. The city and county of San Francisco stipulates that at all times they are to have their prior rights to the amount of water which they claim. Not only before the Public Lands Committee but for the last 10 years this has been claimed, and it is in the report of Secretary Garfield that is the amount they claim for their district. That has been before the Secretaries of the Interior and before the committees, and to avoid any question of litigation which this bill does not necessarily determine as to the actual rights, the city of San Francisco says. "Your claim is 2,350 feet or whatever it is." Their rights are recognized and they are satisfied in that permit, and it is the testimony of all their representatives that is the amount of their prior right and prior claim. Within the last month-not before the committee at this time- but in addition to that gentlemen who have represented these people have admitted that. They do not-Judge Fulkerth does not admit- and it is not said for a minute that they have ever used this entire amount of water, that they have ever had it running in their lines of ditches to its full capacity. It depends upon the floods: it depends upon the sun and the rain. You have to hold it back so that it fills your ditches, and that is the condition these people are trying to put in and whether there is little water or not there must always be sufficient water coming down to maintain for them this supply of 2,350 feet. This bill further provides and says that the city and county of San Francisco must file their written consent with the Secretary of the Interior by their duly authorized authorities within a certain number of days after this bill is enacted into law or they do not get the grant. It makes no difference whether it is enacted into law or not. I want to call the committee's attention to the question of conservation. I am surprised that these gentlemen who call themselves conservationists are not in favor of this bill. I suppose that Mr. Pinchot is the greatest conservationist in the United States. He came before our committee and he says that this bill to his mind is the acme of conservation in all its phases and all its conditions; as to preserving the park, as to the use of the water, and as to power purposes. In addition to that this water has been running to waste for years, and will continue to run to waste, unless the dam is in there. It will run off into the San Joaquin River and the Sacramento River and then into the sea. Why, we have seen the floods of this river at Sacramento slopping upon the depot steps at flood time. Then they say they do not flood the San Joaquin Valley. Part of that same water when it is flooded backs clear up the Sacramento River. That is the condition in California at flood times now. Every Californian knows that for six weeks the water runs off the mountains in torrential floods and unless we store it it goes to waste. Now let me take up another thing. Part of this territory is owned by the city and county of San Francisco, part by the Government. The gentlemen admit they can not get it. They could not condemn that land because the use for city purposes is higher than the use for agricultural purposes. The city and county of San Francisco now owns two-fifths of the floor of this valley. Are you going to leave it there now and let no one use it? Another point which has not been called to the attention of the committee, and which I think is important, is that all these questions have been presented to the Government authorities. This matter has been under consideration by the Secretary of the Interior, the Secretary of Agriculture, Director Newell, Director Smith, and other Government officials. These questions were presented to them. I asked them the question whether or not the use of this five hundred and twenty-odd square miles that is on this watershed would be lessened to the public by the construction of this reservoir. Everyone says it will not. They say it opens it up to thousands where to-day there are only hundreds who use that park. The sanitary conditions are those approved by the Forest Service and are those which are in effect in the forest reserves to-day. Therefore, there will not be any denial of the use of this park or its watersheds that is involved here. I call the committee's attention-I will not be long in doing it- to this fact: The city of San Francisco owns something like 3,500 acres of land in the Yosemite National Park and in the forest reserve. The land covered in the three reservoirs will be 3,100 acres. I speak of Hetch Hetchy, Lake Eleanor, and Cherry Creek. They are to deed back all the land they own to the Government except that covered by this dam, and I say to you gentlemen, and the evidence shows that there will be more camping grounds, more places to be used in the National Park after this dam is there than there is to-day; after the lake is put in there than there is to-day, because that will be opened. It will be deeded back to the Government so that it can be used. In addition to that, the city and county of San Francisco is to build public roads connecting with the present public roads, and those will lead to the dam. They will go beyond the dam to Eleanor and Cherry Creek and to the summit of the great mountain range up there. It is proposed to connect those roads with the public Tioga road, which goes from the San Joaquin Valley over to the State of Nevada. That road can be used and that country will be opened, and, as the record shows here, instead of there being from 25 to 150 people at the Hetch Hetchy Valley, all that can go into the Hetch Hetchy Valley now, there will be thousands who will go into that valley. And, in fact, there will be no limit as to the number who can view the great, wonderful scenery there. The only use for which that country is suitable is for camping purposes. You can not raise hay in there. You have to haul your hay in there. You have to do the same with all your supplies, as in the Yosemite Valley. They have to haul grain, hay, and food into the Yosemite Valley now, and it will be the same with the Hetch Hetchy Valley. It is true the floor of this valley will be covered by the lake; but they can go over 750,000 acres in the national park and 520 square miles, which is the extent of this watershed. I am as good a conservationist as anybody. I believe the park ought to be preserved; I believe we ought to get the fullest use of the national park that can be had; but instead of having it used as it is to-day, only by 150 people, there will be 10,000 people going into the watershed when this dam is completed, because the roads will be there. Provision will be made for them and they will not be retarded by any rules or any regulations which will affect their rights. There is about 1,500 acres in the floor of this valley-of the Hetch Hetchy. There has been some misunderstanding about that. The city and county of San Francisco owns about 700 acres of that valley. The balance is Government land. That is all the land that is to be covered in this valley. There will be a road built around it, so that it can be used and seen by everybody. The falls will never be touched; not 1 foot of the height of those falls will be affected. The water that goes to waste will be held there in a beautiful lake, so that you can drive up to the dam, across the dam, and around the lake, and then go over the rest of that park. San Francisco is obligated to build those roads at its own expense and it is also obligated to provide for the first five years $15,000 to keep up this park; for the next 10 years $20,000 to keep up this park. Senator Norris. Per year? Representative Raker. Yes; per year. For the next 10 years they are obligated to contribute $30,000 to keep up this park and such additional amounts as the Congress from time to time may add. Is that destroying the beauty of that park? The testimony of men high in authority who have had lots of experience is unanimous to the effect that valley will be more beautiful than it is to-day. Is that a destruction of the park? Is that a destruction of the trees? No; there are no redwood trees on the floor of this valley which will be destroyed. There are only a few small pine trees, and most of those are owned by the city and county of San Francisco to-day. They could fence off that acreage there if they wished to. There is no destruction of anything which is wonderful. The rocks will be just as high around that dam as they are to-day. There will be just as much scenery when that dam is completed as there is to-day. The dam is to be only 300 feet high. There is to be that beautiful road around the lake. For myself, I wish to say that I would be last one in the world who would try to despoil one foot of that country which could never be replaced; but I believe I owe it to the district which I represent, to believe I owe it to the city and county of San Francisco as a citizen of the State of California, I believe I owe it to the United States as a Representative in Congress, to see that proper legislation is put upon the statue books giving to the city and county of San Francisco the right to build this dam, properly guarded, properly put in shape. I believe we should use every drop of water in the State of California; I further believe that a use for agricultural purposes is not as high as for the purposes of citizens of towns and cities. I believe it is right to use the water for a water supply for the city and county of San Francisco. I believe this bill, Mr. Chairman and gentlemen, covers all these advantages, protects and safeguards every interest of the Government, every interest of the irrigationists, and every interest of the city and county of San Francisco. I believe that I never have in all my lifetime appeared to speak in behalf of a bill before a committee of Congress which means as much for California, which means as much for San Francisco, which means as much for the eastern mountain district-because we want people to come in there-as this bill. Those mountains might lay there for ages unseen by anyone and amount to nothing. In addition to that, I will be able to assist in preventing the destruction of the fertile plains down around Stockton and in that part of the country, flooded in the springtime because of high water coming from this river and others. Therefore, I feel justified and more than justified in urging strongly the claims of San Francisco for this bill in all its features. Representatives of the irrigation districts appeared before the committee. These provisions were put into the bill so that there could be no possible injury to their claim, recognizing their prior rights, and last but most important, it says to them all, "Your rights, whatever they may be, will not be interfered with by this bill or any provision of it, because it is left entirely to the laws of the State of California to settle and adjust every right and to determine every need." I do not care to go into the legal phase of the water conditions there, because I do not think it is in point here. Senator Thomas. You understand that the erection of this dam will only flood a section of the floor of the valley. That is a question I would like to clear up in my mind. Mr. Raker. It will cover practically all of the floor of the Hetch Hetchy Valley; that is about 1,500 acres. As I have said before, six hundred and some odd acres are already owned by the city and county of San Francisco. Senator Thomas. It would be taking up about a section of Government land. Mr. Raker. Yes; it would be taking up about a section of Government land. I want to call the attention of the Senators to this one further point. We have talked about the use of that water. The dam is to be built in conformity with the condition of the mountains. As I have said, there is to be a road around the lake; so you can not only see the lake, but you can see the rest of the scenery there, and then the roads lead off in all directions to this park, and they will cost in the neighborhood of $600,000, and that country will accommodate a million people. Mr. Dunnigan. The remarks of the gentlemen who will speak for San Francisco will be very brief. I want to ask Mr. Kent, who has spent $200,000 of his own money in beautifying nature in California, and who deeded a beautiful park to the State, to just say one word.