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(6) That the only relief to these districts and landowners is by appeal to and protection by this Congress.
(7) That the Illinois River has been so polluted as to become a menace to health and cause the destruction of the fish therein.
(8) That if the diversion of this water is of great value in health and wealth to Chicago and the people of the State and Nation; then just provision should be made for the protection of the health and wealth of the people of the Illinois River Valley; so that the health and wealth of Chicago shall not be protected and created by the destruction of the health and wealth of the people of the Illinois River Valley.
(9) That this protection should be:
First. The payment to the landowners, their tenants, drainage district, and others of just compensation for damages sustained in the past before any right is granted to the sanitary district to divert any water.
Second. To protect by levees or deepening the Illinois River these lands from future damages and cost of maintenance or to protect by the payment of future damages caused by such diversion.
Third. The placing of the controlling works of the sanitary district under the direction and control of the Federal Government.
Fourth. The treatment of the sewage of the sanitary district before it enters the Illinois River so that the river will not be polluted and offensive and a menace to health and destructive of fish,
Fifth. The construction of purification works; and as constructed the diversion of water should be decreased, and finally cease, except as is necessary for navigation purposes.
This association has no disposition to disregard the physical conditions of Chicago and vicinty as to their serious problem of sewerage, and does not oppose any solution of this problem which does not violate the rights of others.
This association recognizes the great commercial advantages of a waterway from the Great Lakes to the Gulf of Mexico and does not oppose any plan, the execution of which does not violate the rights of others.
The people along this valley for years have been encouraged and persuaded by the agencies of the Federal Government and by the Illinois government to reclaim these large areas of fertile land for the purpose of raising food for the Nation; to do it the efforts of a generation and the fortunes of many have been spent.
Since the State of Illinois became a State stringent laws have been passed, an expensive department has been maintained to protect and increase the fish of the Illinois River. The comfort and health of the people of the Illinois Valley is as sacred as that of the people of Chicago. The only way of our salvation is an appeal to the Federal Government.
As I am advised, several bills have been introduced in Congress on this subject, one in the Senate by Senator McCormick on January 27, 1923; one in the Senate by Senator Brookhart on January 22, 1924; one in the House by Congressman Hull on January 15, 1924; one in the House of Representatives by Congressman Rainey on February 9, 1924 ; one in the House by Congressman Madden on February 16, 1924.
This hearing is on the Hull bill; so that in conclusion we desire to examine this bill for a moment.
Of course, I recognize that bills introduced into legislative bodies are usually tentative in their provisions and that it is understood that their final form will grow out of investigation and discussion.
This bill provides :
Second. For the diversion of “an amount not to exceed an average of 10,000 cubic feet per second per day from Lake Michigan.
Third. The conditions upon which this diversion is authorized are
(a) That the sanitary district shall pay the cost of the construction of compensating and regulating works in the Niagara and other rivers.
(6) That the sanitary district shall pass an ordnance pledging its agreement that during a period of 21 years it wilı develop its present scheme for the treatment of sewage so as to treat sewage arising from 4,250,000 of its population. This ordinance is to be supplemental to and explanatory of the present ordinance of the sanitary district.
(c) To compensate landowners who have constructed or who in the future do construct or reconstruct levees, for the cost of such levees or construction thereof, and to compensate those who will operate pumping plants to overcome seepage, to the following extent:
The Chief of Engineers shall prepare plans for the standardization of levees which may be constructed or reconstructed, and for pumping plants.
In preparing such plans he shall estimate, fix, and certify:
(a) The added depth of the water in Illinois River, its floods or high stages, attributable to water coming through the works of the sanitary district.
(b) The added present day cost per lineal foot or yard of constructing levees of the determined standardized type, made necessary by the presence therein said river, its natural flood, and its highest water stages of the water coming through the works of the sanitary district.
(C) The average annual added cost of pumping by owners of land protected by levees since January 17, 1900 to January 1, 1924, compared with such cost prior to January 17, 1900.
(d) When such report is approved by the Secretary of War, the sanitary district shall forthwith pay into the hands of engineers the money by him computed to be sufficient (a) to reimburse all levee and drainage districts and individuals who have built or reconstructed the said standardized levees, or who have constructed levees equal to such standardized type, for such added cost of building or rebuilding or reconstructing their such levees, so determined to be attributable to water discharged into said river at its natural flood or highest water stages by the sanitary district. (b) to reimburse all drainage districts or individuals the total added cost sustained by them for pumping seepage from their lands as may be found to be attributable to the presence in said river of the water discharged therein by the sanitary district up to and including 1924.
(4) If after approval of said type of levees, any person or organization constructing such type of levee shall be compensated in cash by the sanitary district for added cost of such levee, made necessary by reason of the discharge in said river in its natural flood or high water stages of water attributable to the sanitary district.
The chief objection to this bill and our suggestions as to what it should contain are:
(1) As to the provision with reference to pollution of the Illinois River.
(a) This part of the bill is the same as that introduced by Congressman Madden. This part of the bill is so involved with the ordinance of the sanitary district referred to as passed in 1919 that that ordinance might control. That ordinance, as I understand. was to supplement the works of the sanitary district as then constructed by purification plants. The plan contemplated by that ordinance was to use the drainage canal, as then used, for the sewage of 3,000,000 population and the purification plant for the sewage of a population above that number.
Paragraph (b) of this bill, beginning on page 6, from line 20 to line 6 on page 7, is the same language as the bill of Senator McCormick on page 6 from line 12, except the words “to care for any excess population of said drainage district of Chicago over and above 3,000,000 people” in lines 16 to 18 in the McCormick bill. The McCormick bill seems to contain the language of the ordinance.
Beginning with line 12 on page 8 of this bill it is provided that the district shall pass an ordinance "pledging that it will develop such plans to at least reach the following results."
These plans provide for the construction of treatment plants and treatment of sewage at intervals from two or three years and from 1924 to 1945, 80 that in 1945 it will treat sewage arising from 4,252,000 of its population.
The status in 1923 in the drainage district was this: Population sanitary district-
3, 213, 000 Stockyard wastes equivalent to-
1,030, 000 Corn products wastes equivalent to
380,000 Miscellaneous wastes equivalent to.
150, 000 The sewage of towns in northwest corner of Indiana draining into sanitary district by Calumet River.
127, 000 Visiting population--
Total_ Population treated..
5, 000, 000 So that hy this bill the maximum amount of sewage to he treated in 1945, in terms of sewage, is now already reached and passed.
4, 887, 000
The increase in population in the sanitary district has been for a number of years about 75,000 a year. In 22 years the population will have increased 1,450,000, over 50 per cent; and with a corresponding increase of wastes, and population in towns in the northwest corner of Indiana and visiting population, there will be an equivalent population of approximately 7,250,000 ; take from this 4,250,000, you have 3,000,000 of equivalent population to be treated in 1945, for which the 10.000 cubic feet per second will be used, and the Illinois River Valley will be no better off.
As to the provisions for compensation :
This bill provides for compensation to landowners and drainage districts who have constructed or will construct or reconstruct levees and pumping plants, and to these only; and the compensation for damages only to levees and increased cost of pumping both in the past and in the future.
Owners of lands which have not been leveed and their tenants, whose land, crops, pastures, buildings, timber, livestock, etc., have been damaged or de. stroyed are given no relief.
The compensation provided for is only the cost of constructing such parts of levees and cost of pumping, which have been made necessary by the water coming through the works of the sanitary district. This is all right so far as it goes, but you will note only two elements of damage are provided for; cost of constructing levees and cost of pumping.
Compensation should also be provided for damages heretofore caused to levees and works of the drainage districts and to the lands, crops, buildings, timber, pastures, etc., of the landowners inside and outside of drainage districts.
Before any permit is granted to the sanitary district to divert any water it should be required to settle and pay all damages and loss sustained by reason of the diversion of water in the past and suffered by the drainage districts, landowners, and their tenants, and by individuals and corporations, municipal and private, in the Illinois Valley, the amount of the same to be determined by some agency of the Federal Government; and similar future damages to be paid by the sanitary district or such construction of levees or improvement to the Illinois River should be done as will protect the Illinois River Valley.
As to the amount of water to be diverted:
This bill provides for the diversion of " an amount not to exceed an average of 10,000 cubic feet per second per day"-page 4, line 22.
This means that the sanitary district is to be given the right to continually divert this amount of water.
I recognize that this Congress must look at this matter from five viewpoints or with reference to five questions :
First. The navigation of the Great Lakes.
Second. The navigation waterway from Lake Michigan to the Mississippi River.
Third. The Chicago sewage sanitation.
Fifth. The damages to and destruction of property in the Illinois River Valley.
All these interests, of course, are entitled to your consideration.
The Chicago district has been and is diverting this water for sanitation and development of power. The development of power as against these other interests is entitled to no consideration; the sanitation is.
Therefore, Chicago should be permitted, to the proper and necessary extent, to continue the diversion of water until the works for the purification of the sewage can be constructed, but such diversion and such construction should be under the direction of the War Department.
As these works are completed the amount of the diversion of water should be reduced and should finally cease, except to an amount that the War Department from time to time shall deem necessary for the navigation from the Lakes to the Mississippi River, and that from the passage of the bill the works controlling the amount of the diversion of the water should be under the authority and jurisdiction of the War Department, so that the navigation in the Lakes and the Illinois River Valley may be protected.
Such a plan developed in a bill would :
First. Avoid the expense to the sanitary distrct of compensating works in the Niagara and other rivers.
Second. It would protect Chicago in its sewage sanitation,
Third. It would give a 9-foot waterway from Lake Michigan to the Mississippi River.
Fourth. It would protect navigation in the Great Lakes.
Fifth. It would recompense the people of the Illinois River Valley, in some degree at least, for past losses and protection from future losses.
The only objections that I can conceive to such a plan are:
The cost to the sanitary district of purification plants and the loss of this hydroelectric power.
The fight of Chicago in this whole matter is to save Chicago the cost of these purification plants and save to Chicago this hydroelectric power. And to save these, Chicago would pollute and ruthlessly destroy the Illinois Valley and jeopardize the navigation of the Great Lakes. To the sanitary district this is the simple equation: To save money to us, we demand the health and property of others. As has been stated by the Supreme Court of Illinois in one of its decisions :
" Figuratively speaking, the waters have been much troubled on this subject, but so far neither the Nation nor the State has legislated how they shall flow, What the future will see accomplished along these lines no one can know. It may be that when that future is unfolded it will bring a realization of the hopes of the most optimistic, and that the appearance of seagoing vessels plowing through the prairies of Illinois, laden with the people and products from the uttermost parts of the earth, will be as common as the now almost forgotten 'prairie schooners' of 1849 were in those days. But if this transition is to occur—if the powerful hands of the Government are to lay hold of this gigantic enterprise-due regard must be had to the sacred rights of every citizen, however humble and insignificant those rights may seem in contrast with the great public consummation."
In the formation of a bill and the creation of this proposed waterway another question occurs to me which it seems to me should receive your consideration.
In two sections of the act of the State legislature in creating the Sanitary District of Chicago as a municipal corporation the following is provided :
"-Sec. 23. If at any time the General Government shall improve the Des Plaines or Illinois Rivers so that the same shall be capable of receiving a flow of 600,000 cubic feet of water per minute, or more, from said channel, and shall provide for the payment of all damages which any extra flow above 300,000 cubic feet of water per minute from such channel may cause to private property, so as to save harmless the said district from all liability therefrom, then such sanitary district shall, within one year therafter, enlarge the entire channel leading into the Des Plaines or Illinois Rivers from said district to a sufficont size and capacity to produce and maintain a continuous flow throughout the same of not less than 600,000 cubic feet per minute, with a current of not more than 3 miles per hour, and such channel shall be constructed upon such grade as to be capable of producing a depth of water not less than 18 feet throughout said channel, and shall have a width of not less than 160 feet at the bottom.
" SEC. 24. When such channel shall be completed and the water turned therein to the amount of 300,000 cubic feet of water per minute, the same is hereby declared a navigable stream, and whenever the General Government shall improve the Des Plaines and Illinois Rivers for navigation to connect with this channel said General Government shall have full control over the same for navigation purposes, but not to interfere with its control for sanitary and/or drainage purposes."
This act gives to this district certain powers and rights. Under the general powers this canal is constructed as a municipal drainage canal hy this drainage district, a corporation, at its own cost; and simply as such the canal is not subject to navigation or control or use by the State government or Federal Government; but the gen powers and rights given to the district are conditioned by the terms of the act upon certain rights to the State and Federal Government to use the canal for navigation. But this right of navigation is further conditioned by the clause “but not to interfere with its control for sanitary or drainage purposes."
As the utility of the canal for sanitary purposes is dependent upon the water diverted, a matter wholly in the discretion of the Federal Government, the Federal Government can demand any control proper and necessary from the
whole situation, and not be limited to the degree stated in the act, before permission is granted to divert the water.
Further, in the act itself any control is conditioned upon the improvement by the Federal Government of the Illinois and Des Plaines Rivers as described in section 23 and the payment of damages to private property as stated therein.
I refer to these sections simply as a suggestion for your consideration as to the legal effect of same in framing a bill on this subject.
STATEMENT OF MR. EDWARD BOYLE.
Mr. BOYLE. Mr. Chairman, my name is Edward Boyle, and I represent Eldred drainage and levee district and landowners in other adjoining districts. I want to take one minute only to correct an impression that Mr. Jarman properly represents all the districts and landowners in the Illinois Valley. He does not. I shall come here at your meeting on the 15th and shall show wherein he does not represent us.
The CHAIRMAN. All right.
Mr. BOYLE. I want to say this, that we have two Congressmen representing us here, your colleague from the Illinois Valley, Mr. Hull, and Mr. Rainey. We believe that they are representing us properly and honestly. We believe that we can combine the best provisions of both for our Illinois Valley, and we will want to present them.
The CHAIRMAN. You will be given the opportunity.
Mr. Boyle. There is one other thing I want to correct here, giving the devil his due, about the sanitary district's attitude to us valley owners. The sanitary district is now going down the valley offering equitable settlements to the owners, and they are not telling the innocent people that it is the act of God. They are waiving all legal technicalities and trying to meet the issues squarely.
(Whereupon, at 12.35 p. m., the committee adjourned this hearing until 10 a. m., Tuesday, April 15, 1924.)
(The chairman directed that the following bills and communications be printed in the record :)
[H. R. 6822, Sixty-eighth Congress, first session.) A BILL For the improvement of commerce and navigation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to create a navigable waterway nine feet in depth suitable and sufficient to carry the commerce of the Great Lakes and Mississippi Valley, the same to extend from Lake Michigan at Chicago, Illinois, to a connection with the nine-foot channel in the Mississippi River at or below the mouth of the Ohio River, the Secretary of War is hereby authorized and directed to improve the Illinois River from the terminus of the Illinois waterway at or near Ctica, Illinois, to its confluence with the Mississippi River and to improve the Mississippi River from the mouth of the Illinois River to the mouth of the Ohio River so as to provide therein a navigable channel of the depth of nine feet, such improvements being based upon an increment of not exceeding ten thousand cubic feet per second of water from Lake Michigan through the channels of the Sanitary District of Chicago and the Illinois waterway and to include the removal of the locks and dams constructed by the Federal Government at LaGrange and Kampsville, Illinois, and the locks and dams constructed by the State of Illinois at Henry and Copperas Creek: Provided, That the State of Illinois will convey to the United States (as authorized by an act of the general assembly of said State approved June 21, 1919) such rights and title to the locks and dams at Henry and Copperas ('reek as may be deemed necessary to permit their removal.
That authority is hereby given for the appropriation of the sum of $5,700,000, and to be expended under the direction of the Secretary of War and the supervision of the Chief of Engineers for the removal of said dams and such parts