Tom C. Clark

“ Angell. Is the Federal Government at the present time planning to develop any of those dams on the lower part of the river which are devoted exclusively to power production? 'Colonel Gee. No, sir. They have the same status in this basin plan as the eight remaining projects. They are part of the approved plan. Their being in that plan certainly is no bar to a private utility company coming in and seeking to develop one of these projects. ”

“ Anthony Falls, Minnesota, authorized in the River and Harbor Act of 1937, 50 Stat. 844, 848, as recommended in House Rivers and Harbors Committee Document No. 34, 75th Congress. Two licenses issued in 1934 and 1936 to Kanawha Valley Power Co., Projects Nos. 1175 and 1290, for three power plants at navigation dams on Kanawha River, West Virginia, authorized in River and Harbor Act of 1930, 46 Stat. 918, 928, as recommended in H.R. Doc. No. ”

“ With this as background, a colloquy between Colonel Gee of the Corps of Engineers and the House Flood Control Committee on May 16, 1949, gains significance. Colonel Gee mentioned VEPCO's then pending application and stated that the Corps has not regarded the 1944 approval as precluding such private licensing. ”