Chapter III: Section 9: provides

“That the said grantee shall recognize the prior rights of the
Modesto irrigation district and the Turlock irrigation district
as now constituted under the laws of the State of California,
or as said districts may be hereafter enlarged to contain in
the aggregate not to exceed 300,000 acres of land to receive
2350 second feet of the natural daily flow of the Tuolumne
River, measured at the La Grange dam, whenever the same can be
beneficially used by said irrigation districts; and that the
grantee shall never interfere with said rights.”

The last of section 9 provides:

“That at such time as the aggregate daily natural flow of
the watershed of the Tuolumne and its tributaries, measured
at the La Grange dam shall be less than said districts can
beneficially use and less than 2350 second feet, then and in
that event the said grantee shall release, free of charge, the
entire natural daily flow of the streams which it has under
this grant intercepted.”

Proviso is also made that if the lower irrigation districts desire more than the usual amount they may have it up to a certain quantity by paying a rate fixed by the Secretary of the Interior.

Under section 9 other provisions are:

“That the said grantee shall not divert beyond the limits of
the San Joaquin Valley any more of the waters from the Tuolumne
watershed than, together with the waters which it now has or
may hereafter acquire, shall be necessary for its beneficial
use for domestic and other municipal purposes.

“That when the said grantee begins the development of the
Hetch-Hetchy reservoir site it shall undertake and vigorously
prosecute to completion a dam at least 200 feet high, with a
foundation capable of supporting said dam when built to its
greatest economic and safe height.

“That the said grantee shall upon request sell or supply to
said irrigation districts and also to the municipalities
within either or both said irrigation districts, for the use
of any land owner or owners therein for pumping subsurface
water for drainage or irrigation, or for the actual municipal
public purposes of said municipalities (which purposes shall
not include sale to private persons or corporations), any
excess of electrical energy which may be generated and which
may be so beneficially used by said irrigation districts or
municipalities.

“That the right of said grantee in the Tuolumne water supply to
develop electric power for either municipal or commercial use
is to be made conditional upon its installing, operating and
maintaining apparatus capable of developing and transmitting,
under a general increase in amount, not less than 60,000
horse-power at the end of twenty years. The said grantee shall
develop and use hydro-electric power for the use of its people
and shall at prices to be fixed under the laws of California,
or, in the absence of such laws, at prices approved by the
Secretary of the Interior, sell or supply such power for
irrigation, pumping or other beneficial use.”

The bill further provides that after twenty years the Secretary of the Interior may require the grantee to develop, transmit and use or offer for sale such additional power less than 60,000 horse-power as the grantee may have failed to develop, transmit, use or sell within the twenty years. In case of the failure of the grantee to carry out these requirements, the Secretary of the Interior is authorized to provide for the development, transmission, use and sale of such power and power not developed or used. For that purpose the Secretary “may take possession of and lease to such person or persons as he may designate” such portion of the property of the grantee as may be necessary for the purpose in view.

The bill also provides that the grantee shall build certain roads and trails in and near Hetch-Hetchy Valley.

III. What will be the operative effects of the Raker Bill on San Francisco and the rest of California, outside the Yosemite National Park?

(1) The situation of San Francisco at the end of a long peninsula is not one favorable naturally for an abundance of water for a city of nearly half a million. During the golden days of ’49 the water supply came from a stream within the limits of the city. This stream is now in the Presidio and consequently is the property of the United States. Next Lobos Creek water was carried along the shores of the Golden Gate in a wooden flume and through a tunnel, then pumped to high reservoirs, from which it flowed through the city.

As the city grew, the Spring Valley Water Company came into existence and furnished water for the city from a storage reservoir on Pilarcitos Creek, about twenty-five miles from the city. This company has gradually developed its system and about twenty years ago in Alameda county, on the east side of the Bay, began to obtain water from a large area of gravel beds. This water was taken into a reservoir, thence through aqueducts and submarine pipes into San Francisco. San Francisco is now consuming about 50,000,000 gallons of water per day. Of this amount over 8,000,000 gallons come from private wells in different parts of the peninsula. The Spring Valley Water Company furnishes about 41,500,000 gallons, of which about 17,000,000 gallons come from San Mateo County.

City Engineer M. M. O’Shaughnessy of San Francisco testified before the House Committee on the Public Lands in Washington, June, 1913 that this city now needs 75,000,000 gallons of water per day and that about one-third of the city is without water and obliged to haul it in barrels and wagons. Development of the city has been considerably retarded through lack of water. Engineer O’Shaughnessy stated before the committee “for the past three or four months I have been making explorations all over the city in our narrow peninsula, trying to develop what strata there are that will be capable in an emergency of relieving our situation.”

The Spring Valley Water Company is endeavoring to relieve the stress of the situation by starting the construction of the so-called Calaveras dam in Calaveras Valley. But the supply of water behind this is uncertain. The company has built galleries seven or eight feet deep in the gravel beds, into which the water percolates.

After the disaster of 1906 San Francisco bonded itself for $6,000,000 and thereby constructed a high pressure auxiliary water system, operating about seventy-two miles of pipe. A reservoir was built at an elevation of 600 feet, filled through a pumping station drawing salt water from the bay. Another pumping station is now under construction at Fort Mason.

The city expects to buy the Spring Valley Water Company by condemnation in case purchase cannot be effected otherwise. Since the passage of the Raker Bill condemnation proceedings have been begun.

The territory on both sides of the Bay, extending south to San Jose for about fifty miles, has a common interest in obtaining water. All of its people look to San Francisco to take the lead. A population of about 1,000,000 is included here, of which Alameda furnishes about 25,000, Oakland about 200,000, Berkeley about 50,000 and Richmond about 15,000. Under the law passed four years ago, known as the “metropolitan district act,” two or more municipalities are allowed to join together in a water supply association. Oakland, Berkeley, Alameda and some other towns on the Bay have joined to condemn the local water supply to include Lake Chabot. But in these towns the situation is even worse than in San Francisco. The eyes of the people are turned anxiously to that city in the hope that before long she may obtain such an abundance as to fill out their lack and to provide for the future of these rapidly growing cities.

The proposition of San Francisco is to build a dam across Hetch-Hetchy Valley 100 feet at the bottom, 760 feet at the top and 300 feet high. This will cover 1930 acres of land with water and extend the water back between seven and eight miles and one and one-half miles wide at the widest point. It is also proposed to build a dam 150 feet high and 1500 feet long at Lake Eleanor. This will flood 1443 acres. The Hetch-Hetchy dam and reservoir will supply in dry seasons 250 gallons a day per capita for 1,000,000 people. Colonel John Biddle of the Board of Army Engineers estimated the cost of the Hetch-Hetchy supply at $77,000,000.

The final development will give to the command of San Francisco between 400 and 500 million gallons a day. The dams will be of massive masonry. The water will be carried through cement-lined steel pressure pipes and concrete lined tunnels ten feet in diameter, cut through the mountains of the coast range. There will be about eighty-three miles of water tunnels. Under the formation of water districts this water can be divided between the two sides of the Bay and approximately 1,000,000 people can now use it. At the upper end of the aqueduct will be two main power-houses capable of developing 145,000 mechanical horse-power twenty-four hours each day of the year.

The present plans of the city provide for its water needs as far ahead as the year 2,000, when at the present rate of growth there will be over 3,000,000 people around the Bay, causing a necessity for 540,000,000 gallons of water daily.

(2) Before the House Committee in Washington, June, 1913, Colonel Biddle testified that he had made a personal examination of every available source of water for the city and in detail described the features of each source, its advantages and disadvantages. Each one was considered not merely as to benefits to San Francisco, but as to whether or not the taking of water would be harmful to other sections now using it for other than domestic purposes, especially for irrigation.

The testimony of Colonel Biddle was that all the water of California was needed for domestic use and irrigation; that as the State is settled more and more, and as better and better facilities are devised for irrigation, more and more the streams are becoming used for these purposes; and that the only available sources of water for San Francisco would reach either the Sacramento or San Joaquin rivers, both flowing into San Francisco Bay, one from the north and one from the south, and together forming a valley about 500 miles long.

The chairman of this committee, Scott Ferris, conducted the examination as follows:

“With the information before you, coupled with the results
of these two investigations, if you were a member of this
committee, having due regard for the rights of the irrigation
people, those of the nature lovers, who believe that you should
not interfere with the Yosemite National Park, and the needs of
San Francisco, which system would you vote for?”

“Biddle—I would vote for the Hetch-Hetchy system.”

“Chairman—Would you feel, in casting a vote of that kind, that
you had inflicted a greater wrong upon the irrigation people
and the nature lovers than if you had voted for one of the
other systems?”

“Biddle—No, sir.”

The other two members of the Board of Engineers gave this testimony:

“Colonel Cosby—I concur fully with the statement of Colonel
Biddle. There is not the slightest question in my mind but that
this should be used as the source of water supply, and not only
that, but that it will be used as a water supply in a very
short time independently of whether this project is adopted
or not. I think the pressure will be so great to conserve the
water up there that it will be used as a storage reservoir.
It is by far the best storage reservoir in that section of
the country, and water is so valuable there that they cannot
afford to let it run to waste. If you deny the use of it to
San Francisco, sooner or later the water will be put to other
uses. Somebody will be asking for permission to utilize the
Hetch-Hetchy Valley as a storage reservoir for irrigation
purposes.”

“Chairman—What do you think of the equitable distribution made
of it under the terms of this bill?”

“Colonel Taylor—I do not think the irrigation people have
anything to complain of in this bill.”

In 1913 the official report of this Board of Army Engineers is stated:

“The Board believes that on account of the fertility of the
lands under irrigation and their aridness without water the
necessity of preserving all available water in the valleys of
California will sooner or later make the demand for the use of
Hetch-Hetchy as a reservoir practically irresistible.”

The testimony of the members of the Board obtained great weight because of their unquestioned technical skill and experience and their positions, entirely disconnected from local prejudice and interest.

That the Raker Bill will prove of considerable advantage to nearly all, if not to all, other interests of the State of California outside the Bay section affected by the Bill seems to have been clearly established.

IV. What will be the operative effects of the Raker Bill on the Yosemite National Park?

The total area flooded in the National Park will be 3373 acres. Of these the city owns about 1300 acres. The Government under the Raker Bill will get, by exchange, the difference between 1300 acres and 3142.78 acres, which is 1842.78. The city will take from the Government the difference between 1300 acres and 3373 acres, which is 2072. Hence, the city will trade to the Government as much land as it takes for flooding, lacking 129.22 acres. The forests to be covered by the flooding are in no part of the large redwoods, but are of a size frequently found in a California forest.

One of the men most conspicuous in obtaining water and power for San Francisco from Hetch Hetchy Valley.]

One of the men most conspicuous in obtaining water and power for San Francisco from Hetch Hetchy Valley.]

The Chairman of the House Committee before mentioned, finally conducted this examination:

“Chairman—Don’t you think, as a matter of fact, that the roads,
trails, telephones, etc., that would come with this water
supply development would enhance the usefulness of the park
from the standpoint of poor people who cannot now go there?”

“Colonel Biddle—Yes, sir.”

“Chairman—As matters now stand, it would be pretty extravagant
for poor people to undertake to go there.”

“Colonel Biddle—It is impossible for them, unless they go in
with knapsacks on their backs.”

“Chairman—Poor people do not visit it at all, do they?”

“Colonel Biddle—I would not say that, because it is one of the
great delights of Californians, even if they are not well off,
to take knapsacks on their backs and go to the Sierras; but
they do not really stay long in the Hetch-Hetchy Valley. In the
early summer the mosquitoes are bad, in the late summer it is
too hot.”

Colonel Cosby of the Board of Engineers gave this testimony:

“Taylor of Colorado—Do you think these roads, provided for
in this bill, will make it accessible to a greater number of
people?”

“Colonel Cosby—I do. At present I think there are practically
only two classes of people who use it, people who are unusually
wealthy or people who are unusually strong and healthy and are
able to make the trip.”

Seattle, Portland, Oregon, and Pueblo, Col., go into national parks for their water supplies. Los Angeles goes into a government forest reserve and brings its water from Inyo County, 220 miles, by aqueduct and more than twenty miles by tunnels.

Gifford Pinchot, testifying before this Committee, stated: “As we all know, there is no use of water higher than the domestic use. Now the fundamental principle of the whole conservative policy is that of use, to take every part of the land and its resources and put it to that use in which it will best serve the most people.”

George Otis Smith, director of the Geological Survey, stated: “I think we will agree that municipal use is the highest value, next irrigation and lastly power—the generation of hydro-electric energy. I believe the highest possible utilization of the Tuolumne, or of any river, is that which provides, as far as possible for a combination of these three values and the harmonizing of the different uses.”

V. From the foregoing and from all the evidence and conditions developed under this design, some conclusions are manifest.

The Bay section is the largest urban section in California and is doing more business than any other. Its growth is rapid. San Francisco is coming into control of all her municipal utilities. The four great cities on the Bay are one in interest. They will before long probably be one in municipal government. This water power will be of tremendous commercial advantage to these cities. To desire to obtain this water power, is not sordid commercialism or base greed on the part of this section. It is an endeavor to make use of the beneficial forces of nature. It is evidence of a high state of advanced civilization. It is a manifestation of enlightened government. It is fitting and highly proper. It is a cause for praise to this city and the lesser municipalities, not for recrimination and abuse.

That the lake in Hetch-Hetchy will not add to the attractiveness of the beautiful valley is undetermined. Opinions are divided. The lake and its accessories will be the means of bringing thousands to a spot hitherto secluded, isolated and, to many, inaccessible. The highest beneficial use of nature to civilization is conservation. Were nature allowed to rest, grand and gloomy, the tall forests and virgin prairie still would lie between Plymouth Rock and the Golden Gate. The march of civilization may still go on and adopt unto itself the high forces of nature in an age of mighty progress and development, and still usually leave “for him who, in the love of nature, holds communion with her visible forms,” the tall cliff, the high waterfall, the grassy flower-strewn valley, and here and there the virgin forest.

It is easy for the sensitive, the fanciful, and the one of moods and tenses to make themselves believe that an infringement upon what they regard as proper is an outrage upon decency, and an indication that the sordid and mercenary are prevailing, and that unless all of the good and true shall rally to the defense the last bulwarks of decency will be stormed and the citadel of high purpose, noble resolve and immaculate life will be forever lost to a ruthless commercialized greed. The forces of darkness and of distortion are not in overwhelming numbers marching down the pike.

This bill is not an indication that the grisly hand of avarice and the cold hand of ambition are seizing hold of the sacred and inviolate. San Francisco may obtain this water, as good as any in the world, and sufficient for her thousands to come for the next 100 years. She may thereby obtain such water power as during the same time will cause all the wheels of industry on her great Bay to whirl and to whirr. Yet the Yosemite National Park in the entire and Hetch-Hetchy in particular will remain, visited by more than ever before, a thing of beauty and a joy unto the ages yet to be.—_San Francisco Chronicle_, Jan. 18, 1914.