locations. The Chief of Engineers apparently relied upon the authority given to the Secretary of War and Chief of Engineers acting in their discretion to approve modifications of the comprehensive plan. It is true that a report of the Flood Control Committee, entitled "Report No. 2353", was submitted to Congress containing these increases in the program and referred on May 13, 1938, to the Committee of the Whole House. Congress never approved it but instead, by the act of June 28, 1938, approved only the plan contained in Flood Control Committee Document No. 1. Let us see how the modifications so far adopted affect the original plan. A large reservoir called Pymatuming Lake has since been completed by the State of Pennsylvania, primarily for water conservation and flood control, on the site of Shenango. It is quite possible that by "Shenango" the committee was referring to Pymatuming. No reservoir has yet been built by the Federal Government on the site of the Shenango. Berlin and Mosquito Creeks are built and their costs and capacities are as follows: Berlin, capacity 71,000 acre-feet--. Mosquito Creek, capacity 107,000 acre-feet Total (178,000 acre-feet) $7,250,000 4,641,000 11,891,000 Mosquito Creek was neither contemplated nor authorized by Congress as part of the comprehensive flood-control plan. It was put through in time of war as an emergency measure partly for flood control and partly for domestic and industrial water supply and pollution abatement, but was paid for out of unobligated balances of previous appropriations for flood control. Now that the emergency is passed, it will be unlawful to operate it primarily for any purpose save flood control. The construction of Eagle Creek, the third of the three reservoirs intended to supply the place of "Mahoning," as authorized by Congress, is now being asked by the Chief of Engineers. We are not told how much capacity it will add, but it is estimated that its cost will be $3,859,000. Even without it the total capacity of 116,000 acre-feet and the total cost of $7,700,000 as originally authorized, have been already very substantially exceeded. This is even if we disregard Pymatuming and with "Shenago" yet to be built at an estimated cost of $7,188,000. The plans of the Army engineers encompass four reservoirs of very substantially greater capacity than authorized and a total cost of $22,938,000 or three times the authorized cost of two approved by Congress. It may now be pertinent to ask how far the Secretary of War and Chief of Engineers may go in substituting a multiplicity of reservoirs of greater capacity and greater total cost for two reservoirs authorized. The verb "modify" is defined by Webster's New International Dictionary as having, among other meanings, the following: "2. To limit or reduce in extent or degree; to moderate, qualify, lower. "He modifies his first severe decree." Dryden." Century Dictionary gives the following definitions: "1. To qualify; especially to reduce in extent or degree. (Using the above quotation from Dryden.) "2. To change the properties, form, or function of; give new form to; alter slightly or not much. "Modify implies the continued existence of the subject-matter to be modified, but with some change or qualification in form or qualities without touching the mode of creation. It implies no power to create or bring into existence, but only the power to change or vary in some particular an already created or existing thing. State v. Lawrence (12 Ore. 297)'." It is therefore plain that "modify" means "alter slightly or not much," reduce in extent but not enlarge substantially. The discretion to modify cannot be interpreted as entitling the Chief of Engineers to build four or more reservoirs in place of two, and costing at least three times as much as the two that were authorized. During the hearing in committee on May 2, 1946, one of the Ohio delegation to Congress suggested that the members from western Pennsylvania are opposed to all flood-control projects for Ohio, while favoring them whenever projects benefiting their own communities are concerned. Totally aside from the characteristic of human nature involved, it is true that the Youngstown district has not suffered any disastrous flood in many years, while the valleys of the Allegheny and Monongahela, the Conemaugh and their tributaries have experienced disastrous floods, two of the worst being in 1936 and 1937. The problem in the Youngstown area is essentially industrial water supply with the hope of realizing the Lake Erie-Ohio River Canal always in the background, which is being pressed under the guise of flood control, and in western Pennsylvania is legitimate flood control. It is my belief that no present authority to construct Eagle Creek Reservoir exists, and that the project cannot be justified under the comprehensive floodcontrol plan, as embodied in Flood Control Committee Document No. 1, Seventyfifth Congress, first session, and approved by Congress. WABASH RIVER The CHAIRMAN. As I understand it, Colonel Herb, the report for the Wabash River has been submitted to the Budget? Colonel HERB. That report will leave our office this week to go to the Budget. The CHAIRMAN. It was given to me as one submitted to the Budget, and I so advised the people that it would be submitted to the Budget. Some of them are here today. Colonel HERB. We expect it will be submitted today. The CHAIRMAN. The next specific item that is before the committee is the report on the Wabash River, and that report involves, as I recall, probably 21 levees, and this particular report is made in response to a resolution, or two resolutions, of the Committe on Flood Control for the review of existing projects. As I recall, some of these projects which are local protection, or levee projects, were authorized in the act of 1936, and the local people and the cities and areas there have spent a good deal of money in an effort to protect themselves. A good deal of it was WPA money and was not necessarily local money. Under this review report, will you tell the committee generally the problems involved and your recommendation? The Wabash is a bad actor. It is a boundary between Illinois and Indiana for a considerable distance. There are a good many local protective works. You have already constructed some of the projects along the Wabash River. Generally, what do you recommend, as you have given us the prob lem along this stream? There is a population of something like 2,587,000 people involved. There are drainage areas covering the local Wabash. You have got a total drainage area of something like 10,000 square miles. Is that true? STATEMENT OF COL. E. G. HERB, ASSISTANT DIRECTOR, CIVIL WORKS DIVISION, OFFICE, CHIEF OF ENGINEERS sir. Colonel HERB. The drainage area is about 33,000 square miles, The CHAIRMAN. All together? Colonel HERB. Yes, sir. The CHAIRMAN. Then, too, we have approved some reservoirs along this Wabash River, and among others, we approved the Shoals Reservoir, and at the request of the local people we provided that no work be done under that. So, this Shoals Reservoir is not one of the approved projects at present. Am I right or wrong about that? Colonel HERB. You are right, sir. The CHAIRMAN. What is embraced in your communication now pending before the Director of the Budget? Colonel HERB. Our recommendation, Mr. Chairman, is that 21 levee improvements and 1 channel improvement for local flood protection, including necessary changes in railroad facilities by the United States generally in accordance with the plans of the district engineer, and with such modifications thereof as in the discretion of the Secretary of War and the Chief of Engineers may be advisable, at an estimated cost to the United States of $7,944,000 for construction and that the Secretary of War be authorized to modify the plans for the presently authorized agricultural levee projects listed in table 29 of the district engineer's report, on which construction has not yet been initiated, to conform generally with the comprehensive levee plan now presented by the district engineer; that the United States bear the cost of alterations and reconstruction of railroad facilities on presently authorized projects as set forth in table 47 of the district engineer's report, and as required by initiation of the construction of the affected local protection improvements, at an estimated total cost to the United States of $1,422,000; provided local inerests furnish all necessary rights-of-way. Under existing authority, the bridge and utility changes required for the channel improvement portion of the Indianapolis project to provide increased waterway is a Federal cost. The CHAIRMAN, Does that include highways? Colonel HERB. Yes, sir; for the channel-improvement portion of the Indianapolis project. The CHAIRMAN. Does that include railways in the Vincennes area? Colonel HERB. Yes, sir, if such alterations are required by the project. The CHAIRMAN. Who bears the cost of the alteration of the rail- . road? Colonel HERB. The Federal Government, if such alterations are required by the project. The CHAIRMAN. You may proceed. Colonel HERB. Also that the comprehensive plan for flood control and other purposes in the Ohio River Basin approved by the Flood Control Act of June 28, 1938, be modified by deleting therefrom Wolf Creek Reservoir, Ill., and the Spencer and Shoals Reservoirs, Ind. The CHAIRMAN. Is there any objection on the part of local interests to the deletion of that Wolf Creek Reservoir? Colonel HERB. No, sir. (The report of the Chief of Engineers together with the comments of the States of Illinois and Indiana are as follows:) WAR DEPARTMENT, Subject: Wabash River and tributaries, Indiana and Illinois. 1. I submit for transmission to Congress my report with accompanying papers and illustrations on preliminary examination and survey for flood control of Wabash River and its tributaries, Indiana and Illinois, and Mississinewa River and its tributaries, Indiana, authorized by the Flood Control Act approved August 11, 1939; and of the following streams authorized by the Flood Control Act approved June 28, 1938: Russell and Allison levee unit on Wabash River, Ill.; Rochester and McClearys Bluff levee unit on Wabash River, Ill.; England Pond levee unit on Wabash River, Ill.; Tri-Pond levee unit on Wabash River, Ill.; Wabash River at Terre Haute, Ind.; and Embarrass River, Ill. Included is the report of the Board of Engineers for Rivers and Harbors, in response to resolutions adopted June 6, 1939, and August 2, 1939, by the Committee on Flood Control of the House of Representatives which request reviews of the reports on Wabash River, Ohio, Ind., and Ill., published as House Document No. 100, Seventy-third Congress, first session, with a view to determining what improvement of the Mason J. Niblack levee, Knox County, Ind., for flood control is advisable at this time and with a view to determining whether any flood-control improvement of the Patoka River and tributaries is advisable at this time. 2. The Wabash River rises in Grand Reservoir near Celina, Mercer County, Ohio, flows northwesterly 67 miles to Huntington, in northeastern Indiana, thence 408 miles in a general southwesterly direction and enters the Ohio River 10 miles upstream from Shawneetown, Ill., and 133 miles above the mouth of the Ohio River. The lower 200 miles of its course is along the Illinois-Indiana State boundary. The drainage area of 33,100 square miles comprises 320 square miles located in west-central Ohio, 24,220 in central and southern Indiana, and 8,560 in southeastern Illinois. The principal tributaries are the White, Patoka, and Mississinewa Rivers, with drainage areas of 11,400, 860, and 830 square miles, respectively, which enter from the left or easterly side, and the Little Wabash, Embarrass, Tippecanoe, and Vermilion Rivers, with drainage areas of 3,320, 2,380, 1,920, and 1,520 square miles, respectively, which enter from the right bank. Exclusive of the southeastern portion, which is hilly and rolling, the drainage area is in general a glaciated region of moderate relief, wherein the streams have gentle slopes and broad flat valleys. Natural drainage in the northern part of the basin is poor and numerous swamps and lakes exist. The basin had a population of 2,587,000 in 1940, about 54 percent of which resided in incorporated cities and towns. There were 21 cities with a population greater than 10,000. Indianapolis, Ind., and its surrounding metropolitan area, with 455,000 inhabitants in 1940, is the largest center of population. Terre Haute, Muncie, Anderson, and Kokomo, with populations of 62,700, 49,700, 41,600, and 33,800, respectively, are important cities in Indiana, while Danville, population 36,900, and Champaign, population 23,300, are the largest Illinois cities. Farming, including stock raising, is the most important occupation. Corn, wheat, oats, and fodder are the principal crops. The basin is also an important industrial region containing 3,350 manufacturing plants in 1939. Abundant deposits of coal, clay, limestone, and gravel are located within the basin, and petroleum is produced in the southern part. The region is served by a well-developed system of railroads and highways. 3. There is no existing Federal project for improvement of Wabash River for navigation. Present commerce on the streams consists of a limited amount of recreational and fishing-boat traffic and the movement in barges of sand and gravel dredged from the stream beds. Twenty local flood-protection projects within the basin were authorized by the Food Control Act approved June 22, 1936. One, at Terre Haute, has been completed by the Works Progress Administration. Costs to the United States for construction of the other projects are now estimated to total $13,005,025 and to local interests for lands and damages, $4,950,335. Construction of six of the latter has been undertaken and one has been completed. Five flood-control reservoirs and eight additional local flood-protection improvements located in the Wabash River Basin, and estimated to cost the United States $30,445,000 for construction and reservoir flowage, and local interests $203,000 for other lands and damages are contained in the comprehensive plan for flood control and other purposes in the Ohio River Basin approved by the Flood Control Act of June 28, 1938. The works approved by the act of June 28, 1938, excepting the Shoals Reservoir, are eligible for selection for construction by the Chief of Engineers, but no work has been undertaken. Construction of the Shoals Dam is prohibited by the Flood Control Act approved December 22, 1944, pending submission and adoption by Congress of the present report. The Works Progress Administration and other Federal agencies, in conjunction with local interests, have constructed numerous projects throughout the basin in the interest of local flood protection, land drainage, soil and water conservation, and for other purposes. By far the largest is a local flood-protection project in Indianapolis, Ind., estimated to cost $16,093,000. In addition to participation in the above-mentioned projects, local interests have organized a large number of levee districts and have expended over $4,000,000 for drainage and flood-control improvements, consisting principally of levees, and over $1,000,000 for channel improvements. 4. The Wabash River Basin has an average annual precipitation of 40 inches. It is subject to general and local storms which may produce damaging floods at any season of the year. There are records of severe general floods since 1874, and it is known that others occurred at earlier dates. The most outstanding since 1874 were the floods of March 1913; August 1875; May 1943; March-April 1904; January 1930; and January-February 1916. The flood of 1913 caused the maximum known stages at many stations throughout the basin and caused damage estimated at $25,000,000. Gage records at Mount Carmel, Ill., which are indicative of conditions along the lower Wabash, show that flood stage has been exceeded on an average of twice annually. The average number of floods per year at other points is 4.5 on the Wabash River at Lafayette, Ind.; 3 on White River at Hazleton, Ind.; 3.5 on Eel River at Bowling Green, Ind.; and 1.4 on Embarrass River at Ste. Marie, Ill. Exclusive of areas in the cities of Indianapolis and Muncie, where complete flood protection is being provided, 1,080,000 acres of farm land and portions of 33 urban centers and many important railroads, highways, and other property having a total value of $233,000,000, are subject to overflow or damage by floods. The average annual direct and indirect flood damage in the entire basin is estimated at $5,200,000 of which 90 percent consists of crop and noncrop damages in rural areas. 5. Local interests desire additional improvement of the streams in the Wabash River Basin for flood control, water conservation, and other purposes by means of the construction of new levees, improvement of existing levees, channel improvements, including removal of islands, erosion control, bank stabilization, improved drainage, and construction of flood control reservoirs. They have indicated a willingness to provide local cooperation. Certain local interests consisting principally of parties who reside in the reservoir areas or whose interests would be directly affected by the reservoirs, have evpressed a desire that the Shoals, Wolf Creek, and Spencer Reservoirs, approved by the Flood Control Act of 1938 be not constructed. 6. The district engineer has made a comprehensive study of the Wabash River Basin with a view to providing the desired flood protection. He has considered various means of flood control and finds that the most desirable plan for comprehensive improvement consists of (a) the construction of the 21 levee imrovements and one channel improvement, listed in tables 48 and 49 of his report, for local flood protection in addition to those already authorized or approved; (b) modification of 8 of the local flood protection projects authorized by the Flood Control Act of June 22, 1936, and of the Russell and Allison levee improvement included in the Ohio Basin plan approved by the act of June 28, 1938, to provide for the Federal Government bearing the cost of changes in railroad bridges and approaches and 50 percent of the cost of changes in highway bridges and utilities for the projects designated as Indianapolis, Fall Creek Section, and Indianapolis, Warfleigh Section, and 50 percent of the cost of damages resulting from set-back of the Russell and Allison levee; and (c) modification of the comprehensive plan for the Ohio River Basin approved by the Flood Control Act of June 28, 1938, to provide for installation of hydroelectric power facilities by the Federal Government at the Shoals and Spencer Reservoirs. He finds that flood control by other means is not economically justified in the basin, and that it would be uneconomical and inadvisable to construct levees which would protect agricultural land against all floods. His plans for levee improvements are generally designed to provide protection for agricultural lands against floods up to one having an average frequency of occurrence of once in 14 years, with higher levee grades for urban areas. In his opinion it is advisable to modify the grades and cross-sections of those agricultural levees within the basin which have been previously authorized or approved but not yet constructed, in order to better conform to the proposed comprehensive plan and the Secretary of War should be authorized to make the necessary changes. 7. The estimated Federal and non-Federal first cost of the 21 levee improvements listed in table 48 of the district engineer's report is $7,776,000 and $839,000, respectively, a total of $8,615,000. The total average annual charges are estimated at $505,600 and the average annual benefits are $807,000, which gives an over-all economic ratio of 1.60. The total first cost of the channel improvement listed in table 49 is $246,000, of which $78,000 is non-Federal cost. The total average annual cost is estimated at $15,200, and the average annual benefit at $30,000, which gives an economic ratio of 1.97. The increase in Federal first cost to result from the proposed modification of the 9 authorized and approved |