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MERRIMACK RIVER VALLEY AND CONNECTICUT RIVER

VALLEY INTERSTATE I'LOOD CONTROL COMPACTS

MONDAY, AUGUST 16, 1937

HOUSE OF REPRESENTATIVES,
COMMITTEE ON FlooD CONTROL,

Washington, D.C. The committee met at 10 a. m., Hon. Will M. Whittington (chairman) presiding.

The CHAIRMAN. The committee will be in order.

This meeting is for the consideration of House Joint Resolution 482, introduced by Mr. Casey of Massachusetts, and the resolution will be inserted at this point in the record.

(The resolution referred to is as follows:)

[H. J. Res. 482, 75th Cong., 1st sess. ]

JOINT RESOLUTION Giving advance consent to compacts relating to flood-control

projects in the Connecticut River Basin

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress is hereby given to the States of Connecticut, Massachusetts, New Hampshire, and Vermont, or to any two or more of such States, to enter into any compacts or agreements for the sole purpose of providing in such manner and such proportion as may be agreed upon by such States and approved by the Secretary of War the assurances to the Secretary of War and the local contributions required by section 3 of the Flood Control Act of 1936, approved June 22, 1936 (49 Stat. 1570), in connection with any of the projects authorized by said Act to be constructed in the Connecticut River Basin : Provided, That no such compact or agreement shall contain any provisions relating to water conservation, power storage, or power development, either in the form of reservation in connection with the conveyance to the United States required by said section 3 of title to lands, easements, and rights-of-way necessary for any such project, or in any other form: And provided further, That no such compact or agreement shall reserve to the States signatory thereto, or any of them, any right, title, or interest in such lands, easements, and rights-of-way, but all such lands, easements, and rights-of-way required to be conveyed to the United States by said section 3 shall be conveyed free, clear, and unencumbered.

SĐC. 2. Any State or States, under the terms of a compact or an agreement entered into under section 1 hereof, may pay to the Secretary of War the cost of such lands, easements, and rights-of-way as estimated by the Secretary of War, and the Secretary of War is hereby authorized to acquire such necessary lands, easements, and rights-of-way: Provided, That in the event any such project or part thereof is located in a State which is not a party to such compact or agreement it shall not be necessary for the Secretary of War to obtain the consent of such State before acquiring the lands, easements, and rights-ofway necessary for such project or any part thereof.

SEC. 3. No further ratification or consent by the Congress to any compact or agreement made pursuant to and in conformity with this joint resolution shall be necessary.

The CHAIRMAN. This meeting is also for the consideration of House Joint Resolution 435, introduced by Mr. Clason, and that resolution will be inserted at this point in the record.

(The resolution referred to is as follows:)

[H. J. Res. 435, 75th Cong., 1st sess.) JOINT RESOLUTION Consenting to an interstate compact relating to flood control in

the Connecticut River Valley Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress is hereby given to an interstate compact relating to flood control in the Connecticut River Valley, negotiated and entered into under authority of section 4 of the Flood Control Act of 1936 (U. S. C., 1934 edition, Supp. II, title 33, sec. 7010) and ratified by the States of Connecticut, Massachusetts, New Hampshire, and Vermont, which compact reads as follows:

“ARTICLE I.

"The principal purposes of this compact are: (a) To promote interstate comity among and between the signatory states;

(0) To provide adequate storage capacity for impounding the waters of the Connecticut River and its tributaries, designed primarily for the protection of life and property from floods;

"(c) To provide a joint or common agency through which the signatory states, while promoting, protecting, and preserving to each the local interest and sovereignty of the respective signatory states, may more effectively co-operate in accomplishing the object of flood control in the basin of the Connecticut River and its tributaries, and, among other things :

“(1) To acquire by lease from the states signatory hereto, or some of them, all lands, easements and rights of way necessary for the construction of the projects herein contemplated, without cost to the United States, except as provided in said Act of Congress hereinbefore referred to;

(2) To hold and save the United States free from damages due to the construction works ;

“(3) To maintain and operate all the works herein contemplated after completion in accordance with regulations prescribed by the Secretary of War;

“(4) To accept from the signatory states hereto, and from any other source, contributions of moneys as hereinafter set forth for the purposes herein set forth, including without limiting the same, funds for the acquisition of lands, easements, and rights of way, for the payment of damages and for the operation and maintenance of said flood control reservoirs, and the expenses incidental thereto and to the functions of the Connecticut River Valley Flood Control Commission hereinafter created.

“ARTICLE II

“There is hereby created 'The Connecticut River Valley Flood Control Commission', hereinafter referred to as the Commission, which shall consist of twelve commissioners, three of whom shall be residents of the Commonwealth of Massachusetts; three of whom shall be residents of the State of Connecticut; three of whom shall be residents of the State of New Hampshire; and three of whom shall be residents of the State of Vermont.

“The members of said commission shall be chosen by their respective states in such manner and for such term as may be fixed and determined from time to time by the law of each of said states respectively by which they are appointed. A commissioner may be removed or suspended from office as provided by the law of the state for which he shall be appointed; and any vacancy occurring in said Commission shall be filled in accordance with the laws of the state wherein such vacancy exists.

"A majority of the members from each state shall constitute a quorum for the transaction of business, the exercise of any powers or the performance of any duties, but no action of the Commission shall be binding unless at least two of the members from each State shall vote in favor thereof.

“The compensation of the members of said Commission shall be fixed, determined, and paid by the state which they respectively represent. All necessary expenses incurred in the performance of their duties shall be paid from the funds of said Commission.

"The Commission shall elect from its members a chairman, vice-chairman, clerk, and treasurer. Such treasurer shall furnish to said Commission, at its expense, a bond with corporate surety, to be approved by said Commission, in such amount as said Commission may determine, conditioned for the faithful performance of his duties.

“The Commission shall adopt suitable by-laws and shall make such rules and regulations as it may deem advisable governing the operation of flood control projects, not inconsistent with the laws of the signatory states or laws of the United States, and any rules or regulations lawfully promulgated thereunder,

“The Commission shall make an annual report to the governor of each of the signatory states, setting forth in detail the operations and transactions conducted by it pursuant to this compact and any legislation thereunder, which said reports shall be submitted to the respective legislatures.

“The Commission shall keep a record of all its meetings and proceedings, contracts, and accounts and shall maintain a suitable office, where its maps, plans, documents, records, and accounts shall be kept, subject to public inspection at such times and under such regulations as the Commission shall determine.

“ARTICLE III

“The Commission shall constitute a body, both corporate and politic, with full power and authority,

(1) To acquire by lease and to hold lands, easements, and rights of way for reservoirs herein contemplated, and for the use and enjoyment thereof;

“(2) To hold, maintain, and operate reservoirs, including appurtenances, for the purposes of flood control;

“(3) To receive funds and moneys from the signatory states or other sources, for the purpose of acquiring, operating, and maintaining such reservoirs as may hereafter be constructed within the basin of the Connecticut River under the terms of this compact, including, without limiting the same, funds for the acquisition of lands, ea sements, and rights of way, for the payment of damages and for the maintenance and operation of said reservoirs, and the expenses incidental thereto and to the functions of the commission;

“(4) To sue and be sued;
“(5) To have a seal and alter the same at pleasure;

“(6) To appoint and employ such agents and employees as may be required in the proper performance of the duties hereby committed to it, and to fix and determine their qualifications, duties, and compensation;

(7) To enter into such contracts and agreements and to do and perform any and all other acts, matters and things as may be necessary and essential to the full and complete performance of the powers and duties hereby committed to and imposed upon it in connection with the construction, operation, and maintenance of the system of reservoirs hereby or hereafter authorized and as may be incidental thereto; and

(8) To have such additional powers and duties as may hereafter be delegated to or imposed upon it from time to time by the action of the legislature of any of said states, concurred in by the legislatures of the other states.

"The Commission shall be charged with the duty, and it is hereby authorized and empowered, to give such assurances, satisfactory to the Secretary of War, as are required by Section 3 of the Act of Congress hereinbefore referred to.

"The Commission shall make, or cause to be made, such studies as it may deem necessary, in co-operation with the War Department, for the development of a comprehensive plan of flood control, as herein defined, and for the efficient management and regulation of said flood control system, and from time to time shall make reports and recommendations in respect thereto to the signatory states.

"The Commission shall not pledge the credit of the signatory states, or any of them, nor shall it convey, encumber, or in any way undertake to alienate the lands, easements, and rights of way so leased to it, as hereinafter provided, or any part thereof, or any interest therein, except by and with the consent of the signatory states.

"ARTICLE IV

“There shall be established in the Connecticut River basin as an initial plan of flood control eight of the following eleven proposed reservoirs, to wit:

“(a) Three of the four following reservoirs in the State of Vermont :

"(1) At Victory on the Moose River, controlling a drainage area of approximately sixty-six (66) square miles, and providing flood control storage for

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