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Mr. BARRETT. Will that be written up, or was it an exhibit?

Mr. JARMAN. He said it would be printed. Mr. Chairman, I offered that before you came in, and Mr. Freeman said that I could offer it as a part of my statement.

The CHAIRMAN. His statement will be written up?

Mr. JARMAN. The statement was, that on account of the time, I was to present a statement of the facts orally, but the written statement that I have prepared in manuscript should be used by the stenographer as a part of the record as having been said by me here.

The CHAIRMAN. All right.
(Mr. Jarman's written statement reads as follows:)

I appear at this hearing before this committee representing an association called the Association of Drainage and Levee Districts of Illinois. This association was formed for mutual benefit in the formation, construction, and maintenance of their drainage and leree districts located along the Illinois River. These districts have been formed for the reclamation of lands for agricultural purposes along the Illinois River by the construction of levees, ditches, and pumping plants to protect said lands from overflow water from the Illinois River.

In presenting this matter to this committee, I am not going to do it by way of argument or by the declaration of any personal opinion on my part; but my endeavor shall be to give you a statement of facts supported by competent authorities, from which we hope you can say we have proven our case by a preponderance of the evidence.

That I may be exact and concise I have placed, for the most part, what I want to say in writing.

There are 43 of these districts. They include an area of 200,000 acres of land. They vary in size from 400 acres to 12,500 a cres. The cost of the construction of these districts is about the sum of $18,875,000 and about $95 per acre, and the cost of maintenance each year is about $264,000. The average value of crops raised each year upon these districts is about $5,000,000. The crops raised are, in the main, wheat and corn. The fair market value of these lands, as protected, is about $27,000,000.

This brief statement indicates the property interests Represented by the members of this association. They are also preeminently interested in the health and welfare of the communities occupying this vast area of land.

There are now pending several bills before Congress having for their object two principal propositions:

First. The diversion of water from Lake Michigan into the sanitary ('anal of Chicago and the Illinois River.

Second. For the construction or improvement of a waterway by the Federal Government in the Illinois River from a point near its source, at à place called Utica, to its confluence with the Mississippi River, a distance of about 230 miles, which is to connect at Utica with a waterway to be constructed by the State of Illinois from Utica north to Lockport, a distance of about' 65 miles, and which waterway is to connect at Lockport with the sewerage the Sanitary District of Chicago, which runs from Lockport on the Lake Michigan on the north, a distance of about 31 miles.

The Federal Government therefore becomes interested in this project on account of creating a navigable waterway from Lake Michigan Illinois River and thence into the Mississippi River; and second, becaus

of proposition involves the diversion from Lake Michigan of a large quanti! water. In these bills it is proposed to divert from Lake Michigan into this w


the way 10,000 cubic feet per second of water, which involves the question of effect such diversion will have upon the navigation in the Great Lakes.

Chicago and vicinity are interested in this project on account of, first, creation of a waterway; second, the turning into this waterway of the sewlinof the district known as the Sanitary Drainage District of Chicago and of cluding the city of Chicago and vicinity; and third. in the development hydroelectric power.

the The State of Illinois is interested as a State in the construction of waterway and in the development of hydroelectric power. These drai districts are interested in the protection of their lands from damage

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destruction by reason of the water diverted from Lake Michigan into the Illinois River and by the pollution of the Illinois River by the sewage from the sanitary district.

Therefore our purpose in appearing before you is to get such provisions in this legislation upon this waterway and diversion proposition; to recompense the owners of these lands in these agricultural drainage districts for past damages and to protect them from future damage and destruction; to get such provisions in this legislation to save the Illinois River from the pollution of the sanitary district sewage; to protect the health and welfare of the communities along the Illinois River and to prevent the total destruction of the fish in the Illinois River.

The Sanitary District of Chicago was organized in 1889 and completed its drainage canal in January, 1900. Prior to that time Chicago conducted its sewage into the Chicago River and Lake Michigan, and a negligible amount of water taken from Chicago River and Lake Michigan diverted into the Illinois and Michigan ('anal.

The current of the Chicago River was into Lake Michigan. The size, character, and location of the Chicago River and the city of Chicago and the sanitary drainage district has heretofore been indicated to you by maps and proper description. The flow of water of the Chicago River and Lake Michigan was, of course, toward Niagara Falls.

You will note on the map that the Illinois River is formed by the confluence of the Des Plaines and Kankakee Rivers, and about 45 miles southwest of the city of Chicago, and runs southwest into the Mississippi River for a distance of about 280 miles at Grafton.

In the first 50 miles from the north the slope is a little more than 1 foot per mile; in the next 80 miles the slope or fall is about 6 feet; the lower 150 miles has a fall of 27 feet. Because of this flat slope the stream does not discharge its waters rapidly in its natural state. Along the river there is a large area of low lands subject to overflow, and many lakes are found along the valley, through which part of the water flows at flood periods.

The mean annual rainfall in the north end of the State is 34 inches; in the central portion 37.5 inches.

Prior to the drainage canal, large areas of these lowlands were put to crop each year, others every other year, and so on, depending upon the height of the land and the flood conditions in spring.

The Chicago Drainage Canal is about 31 miles in length and runs from the Chicago River at the city of Chicago southwest to Lockport and there connects with the Des Plaines River. It was planned for a capacity of 10.000 cubic feet of water per second but was constructed for a much larger capacity. By it the current of the Chicago River is reversed and made to run into this canal and it was constructed primarily for the purpose of taking care of the sewage of the city of Chicago and vicinity instead of said sewage being discharged into Lake Michigan.

For nearly 25 years and for every second of that time there has been diverted from Lake Michigan into this canal, thousands of cubic feet of water each second polluted with the sewage of millions of people, factories, stockyards, and other works, thence into the Des Plaines River and then into the Illinois River.

Prior to 1900, there had been four drainage districts constructed along the Illinois River by private owners of land reclaiming for agricultural purposes an area of about 25.000 acres since 1900. So at present there exists along the Illinois River, 43 drainage districts reclaiming about 200,000 acres of farm land.

Also there are thousands of acres of land along the Illinois River which have not been brought into drainage districts, which are now being overflowent by this diversion of water.

Of course, much of this land was subject to overflow prior to 1900, but by reason of the water from the drainage canal thousands of acres which were not subject to overflow prior to 1900, have become subject to overflow since, and the land subject to overflow before 1900 has continued under water for a longer time during the year and especially in the springtime of the year when the ground is prepared and crops are planted.

From year to year the population of the sanitary district has increased, and at present its population is about 3,200,000 and its area about 400 square miles, and to take care of the sewage of this continually increasing population the amount of water which has been diverted from Lake Michigan has continually

increased; and our information is that during the past 10 years the amount has been about 10,000 cubic feet per second and at times of floods has increased to 19,000 cubic feet per second.

The controlling works—that is, the works controlling the amount of water diverted— is under the control of the sanitary district, and it is difficult to get the exact amount; but observation shows that the Illinois River has been raised from 3 to 8 feet by the water from Lake Michigan when the river water is within its bank, and at times of floods an average of 4 to 5 feet.

The amount of water thus diverted from Lake Michigan into the Illinois River is indicated also by the lowering of the level of the water in the Great Lakes. Secretary Henry L. Stimson, in 1913, said:

“Careful observations and calculations conducted under the offices of the United States Survey and reported through the chief engineers, covering observations for the last 16 years, indicate that a withdrawal of 10,000 cubic feet per second would reduce levels in inches at various places, as follows: Lakes Huron and Michigan, 6.9 inches; Lake St. Clair, 6.3 inches; Lake Erie, 5.4 inches; Lake Ontario, 4.5 inches; and St. Lawrence River, 4.8 inches.

“The foregoing effects would be produced at mean lake levels; the lowering effects would be much greater at low-water periods, the precise time when any additional shortage would be most keenly felt."

The Dominion Marine Association of Canada contends that the withdrawal at Chicago of 10,000 cubic feet per second lowers the levels of the several lakes form 4.5 inches in Lake Ontario to 7.4 inches in Lake Michigan. The total area at the surface of the water of Lakes Michigan, Huron, Erie, St. Clair, and Ontario and connecting intervening waters is about 63,000 square miles; and the total amount of water over this area 6 inches deep would make about 80,000,000 acre-feet of water. These figures mean that all this water is being diverted into the sanitary canal and into the Illinois River.

From a document entitled, Memorandum for the Chief of Engineers of the United States Army, concerning the drainage and sewage conditions of Chicago and the diversion of 10,000 cubic feet per second of water from Lake Michigan at Chicago, prepared by the president and a committee of the board of trustees of the Sanitary District of Chicago and directed to the Secretary of War and the Chief of Engineers of the United States Army, I take the following excerpts :

" It is pertinent to state that the diversion from Lake Michigan at Chicago, benefits navigation in the Mississippi Valley. A flow of 10,000 cubic feet per second through the drainage canal will not only raise the low stage of the Illinois River but will raise the low stage of the Mississippi between St. Louis and Cairo, approximately 11 feet.

“ With a definite maximum limit established for the diversion from Lake Michigan materially less than 10,000 cubic feet per second there would be many times when the Chicago River would reverse the flow into the lake. On March 17, 1919, due to a flood in the Des Plaines River combined with a flood from the Chicago River watershed, it was necessary to flow 15,560 cubic feet per second through the controlling works at Lockport for a short interval to prevent a reversal of the Chicago River. Two days later, on March 19, 1919, a rate of 15,200 cubic feet per second was necessary.

An unusually heavy rain, 2.68 inches, fell during the early morning hours of August 11, 1923, and caused the most serious reversal in the Chicago River which has happened since 1900. Reversal of the Chicago River was observed from 9 a. m.; the flow was increased, averaging approximately 13,850 cubic feet per second, from 9 a. m. to 1 p. m.; a flow averaging 12,000 cubic feet per second from 1 p. m. was necessary to hold the Chicago River from reversing again."

In a report made by E. L. Cooley, hydraulic engineer of the sanitary drainage district, dated August 21, 1923, he says:

From 9.30 a. m. to 5.30 p. m., a period of 10 hours, the average flow was 12,350 cubic feet per second. The average for the first five hours 13,330 cubic feet per second, and for the maximum hour, was 15,270 cubic feet per second.

Compared with conditions before the canal was built the proposed flow will improve navigation in the Illinois River, and will raise the low water stage of the Mississippi River about 11 feet at St. Louis."

All of this data shows that a much larger quantity of water has been turned into the Illinois River than has been generally admitted, and is much greater than 10,000 cubic feet per second at times.

If 10,000 cubic feet per second through the drainage canal will raise the low-water stage of the Mississippi River at Cairo and St. Louis 11 feet, what


will it do in the Illinois River, which is much smaller in width and slower in movement?

The volume of 10,000 cubic feet per second for 24 hours is an amount of water equal to 20,000 acres of water one foot deep.

However many other causes there may be claimed for the floods along the Illinois River, no argument or theory can prove that this vast amount of water does not largely increase the flood water of the Illinois River and increase the stage of the water in the Illinois River and overflow large areas of land, increase the cost of construction and maintenance of levee districts and the destruction of crops and other property.

However much experts or theorists may figure, they can not figure this rast amount of water out of the Illinois River coming from Lake Michigan through this drainage canal.

The climax of this damage, loss, and destruction was reached by the Illinois River flood in April 1922. At that time, levees inclosing 17 of these drainage districts were broken and the damage along the Illinois River has been estimated at many millions of dollars.

A report of this flood and the damage done was made on April 18 and 29, 1922, by Rufus W. Putman, major of the United States Corps of Engineers, and a more detailed report of the damage done by this flood was made by the United States Department of Agriculture. An excerpt from the latter report I read as follows:

" Upon the basis of all dependable information that has been obtainable up to the time of this writing, a summary of the total acreage inundated in the three main devastated areas shows the following estimate: Illinois River Valley below Peoria, 175,000 acres :

and the final figures may far exceed them. A large proportion of the flooded areas was in growing crops, mainly winter wheat, with almost as large an acreage in meadows. No attempt is made herein to estimate the monetary value of crops destroyed; of farm property, including livestock, stored grain, and feed; of city property (mainly in Beardstown); drainage district levees; public highways; transportation lines and other public-service properties; or the loss to business in general through suspension ; as it has been impossible up to this time to procure accurate and comprehensive figures; but the final count will unquestionably run into millions. The city of Beardstown with its environs suffered the most extensive loss of any one locality, and the loss there will no doubt exceed a million dollars.

"The crest of this flood of April 1922, was reached on April 20, at which time all business houses in Beardstown, a city of 7,000 people, were inundated and 20,000 acres of land around the city were under water, and in some of the streets there was a 10-foot depth of water. Service over the Chicago, Burlington & Quincy Railroad and the Baltimore & Ohio Railroad was suspended; all food was brought in by boat; 1,200 feet of the Chicago, Burlington & Quincy tracks were washed out, and the railroad bed several feet under water. The river was 18 miles wide, extending from bluff to bluff ; 175,000 acres below Peoria was inundated; grain, livestock, dwellings and barns, agricultural implements, and other personal property of the value of millions of dollars were destroyed."

Of course, it will be said that other elements entered into this destruction than the water from the sanitary canal, which is true; and the elevation of this flood to some extent was due, or at least it would seem was due, to the construction of levees along the Illinois River and other artificial conditions. But it should be remembered that the construction of these levees in large part had been made necessary for the protection of the land by this colossal amount of water diverted into the Illinois River from Lake Michigan through the drainage canal; but as already I have shown that the water heretofore taken from Lake Michigan and diverted into the Chicago River has lessened the stage of the water in the Great Lakes 6 inches and increased the stage of the water in the Mississippi River 11 feet from the mouth of the Illinois River to Cairo. So that, however, it may be argued, this great amount of water necessarily is a destructive force in times of flood in the Illinois Valley.

Opinions may differ as to the various causes which may have entered into this flood destruction and we may have to leave it to the opinion of engineers, but it still remains that you can not take out of the Illinois River the vast amount of water diverted from the Great Lakes through the sanitary canal during this flood.

* *

During this April flood of 1922, we are advised, and from our information we think correctly, at that time 19,000 cubic feet of water per second were thus diverted.

Of course, Lake Michigan is subject to the jurisdiction of the Federal Government for navigation purposes. Recognizing this, the Sanitary District of Chicago on May 8, 1899, was granted permission by Secretary of War Russell A. Alger to divert 5,000 cubic feet. per second from Lake Michigan into this canal. On April 9, 1901, Secretary of War Elihu Root ordered a reduction of the flow to 4,167 cubic feet per second.

From every Secretary of War of the Federal Government since the sanitary district has made application to increase this permit. Secretaries of War Taft, Stimson, Garrison, Baker, and Weeks successively have declined to grant a permit for any increase of diversion over the 4,167 cubic feet per second, and while the diversion for many years has been 10,000 cubic feet per second and more, it has been in violation of the permit of the Federal Government.

On January 26, 1922, John W. Weeks, Secretary of War, stated in reference to the Michaelson bill, which provided for compensating and regulating works, in which the following appears :

I am not persuaded that the amount of water applied for (10,000 cubic second-feet) is necessary to a proper sanitation of the city of Chicago. The evidence indicates that the issues come down to the question of cost. Other adequate systems of sewage disposal are possible and are in use throughout the world. The evidence before me satisfies me that it would be possible in one of the several ways to purify the sewage of Chicago with very much less water for its dilution.

I regard it as extremely inadvisable to grant the city of Chicago, or any other agency, the right in perpetuity to take from the lake a definite quantity of water."

In defiance of the refusal of the Federal Government to grant such permit, the sanitary district continued to increase the amount of water diverted. The Federal Government in 1906 filed a bill in the district Federal court at Chicago to enjoin the sanitary district from diverting any more water than the permit granted.

In the first part of 1923 Judge Carpenter, of the United States district court at Chicago, entering an order of injunction against the drainage district said:

“On June 19, 1920, Judge Landis rendered an oral opinion finding, in effect, that the withdrawal in excess of 4,167 cubic feet per second by the sanitary district of Chicago was without authority of law; that the withdrawals then made reduced the level of Lake Michigan and other of the navigable waters of the United States to such an extent as to be an interference with navigation; that the Secretary of War, acting in congressional powers, had never given his consent to such excessive withdrawals; that the diversion by the sanitary district was therefore unlawful and an injunction should issue.

“ The evidence shows, and Judge Landis found and I find, that the waters of Lake Michigan and other navigable waters of the Great Lakes have been reduced in level by the water in excess of 4,167 cubic feet per second withdrawn from Lake Michigan by the defendant."

On May 8, 1922, Secretary Weeks, in a communication to the Attorney General, said:

"The Chicago drainage canal, designed for sanitary purposes, was constructed under authority of the State of Illinois and without Federal sanction.

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“ It will be observed that 14 years have elapsed since suit was begun; 7 years since it was argued and submitted to the court; and nearly 2 years since a finding for the Government was announced.

From the beginning the Sanitary District of Chicago has disregarded the rulings of the department, persistently violated the terms of the permit, and ignored the issues involved in the suit.

“For a number of year the diversion from Lake Michigan into the drainage canal has been more than double the amount authorized by the department, and there is reason to believe that the present average daily withdrawal approximated 10,000 cubic feet per second. It is an established fact that this diversion lowers the levels of the Great Lakes and reduces the depth of water in the harbors and connecting channels to the substantial injury of navigation. The ports and harbors from Montreal to Chicago are materially affected, and commercial and business interests generally are seriously inconvenienced. Numerous and constant complaints have been made by these interests, but the department has been stopped by the pending suit from undertaking any active measure of relief.

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