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19dam until ample opportunity has first been given to work out a satisfactory agreement between the three States of the lower basin?Mr. ARENTZ. If the opposition should be confined to the idea that this dam site was the wrong one, and instead of the Boulder Canyon dam there should be a series of dams beginning at Lee's Ferry and continuing downstream, how could we arrive at any conclusion?Mr. HAYDEN. I am not one who is cock-sure as to just how the Colorado River should be developed. I do believe that no dam should be built which does not fit within a well-considered plan for the highest and best utilization of that stream for irrigation and power. It has always been my contention that neither the general public, nor Congress speaking for the public, was the most competent authority to designate where the first dam on the Colorado River should be built, as is proposed in this bill. That is an engineering question which should properly be left to those best qualified to pass upon it. Engineers, like all other professional men, are sure to disagree about the details, but they are generally in accord with the idea that a complete development of the Colorado River will require storage above the Grand Canyon, power dams within the Canyon region, and reservoirs below to reregulate the water for irrigation. The great majority of people in Arizona ask for nothing more than fair and impartial consideration of the merits of the various dam sites within the States, a consideration which this bill denies.Mr. LEAVITT. The bill leaves some leeway as to where the dam should be located.Mr. HAYDEN. No, sir. The bill specifically provides for the construction of a dam at Black Canyon otherwise known as the lower Boulder Canyon dam site.Mr. LEATHERWOOD. Mr. Hayden has raised a question to which every member of the committee, every western representative who hails from a Simon-pure appropriation State, should give very careful consideration and study. Without expressing any views whatever with reference to the bill, because I have not had time to form any conclusions as to that, the State of Utah will not surrender, and I think rightly so, to the theory that the State does not control the unappropriated waters within her boundaries. I think it is a matter which we all ought to consider very carefully and seriously.Mr. SINNOTT. What would be the position of your State, Mr. Hayden, in case this bill was predicated upon the improvement of navigation?Mr. HAYDEN. The decisions of the Supreme Court lean much more toward the authority of Congress to do almost as it pleases with a river in improving navigation. Perhaps Arizona would not have as good standing in court under that theory as under the bill here presented.Mr. SINNOTT. Then to advance a little further, could the bill be predicated honestly upon the improvement of navigation.Mr. HAYDEN. I think not. There is no navigation of any practical consequence on the Colorado River at this time. There was, until the transcontinental railroads were constructed, and then the business did not pay, and the boats ceased to operate.

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