TWENTY-SEVENTH BIENNIAL REPORT. 85 



Crimiual prosecutions under the law have seemed ineffective for 

 in searceW any instance has any court imposed a penalty on any 

 person, firm or corporation charged with failing to comply with the 

 screen or fishway law. As a consequence it was deemed advisable to 

 proceed against such persons, firms and corporations by way of injunc- 

 tion. 



The Anderson-Cottonwood Irrigation District constructed and 

 has maintained and operated a dam across the Sacramento River 

 above Redding, Shasta County, California, that has prevented the 

 passage of salmon and other fish and threatened the extermination of 

 the salmon run on the Sacramento River. An order was served on 

 said district to construct and maintain a fishwaj^ over said dam 

 as provided by law. but said irrigation district refused to comply with 

 said order, contending that an opening in the center of the dam was a 

 sufficient fishway. The force of the water through this opening was 

 so great that no salmon or other fish could pass. 



Injunction proceedings were begun against the district in December, 

 1920, and the case came on for hearing before the superior court of 

 Shasta County on January 30, 1922. After the people liad presented 

 their case an agreement of compromise was reached between the district 

 attorney of Shasta County and the representatives of the Commission 

 on behalf of the people and the representatives of the Anderson- 

 Cottonwood Irrigation District whereby a good and sufficient fishway 

 would be constructed over said dam that Avould permit the free passage 

 of salmon at all times during the year. 



Injunction proceedings were instituted against a number of persons, 

 firms and corporations in Butte. Tehama, Inyo and Trinity counties 

 seeking to restrain said persons, firms and corporations from permitting 

 fish to enter the ditches or canals of the defendants and thereto 

 destroyed by reason of their failure to install and maintain proper 

 screens at the intake of their respective ditches. 



^lost of these cases are at issue and will be tried shortly. 



The last large run of salmon is in the Klamath River. An applica- 

 tion was made by the Electro-Metals Company, a trust, to the Federal 

 Power Commission for a permit to construct two dams on tlic KUuiiath 

 River near the forks of the Salmon River. One dam 75 feet higli and 

 the other 200 feet higli. The construction of these dams, or either of 

 them, would completely destroy not only the salmon run but also the 

 steelhead run. 



The Fish and Game Commission filed a protest against the granting 

 of this permit with the Federal Power Connnission. The matter of thi; 

 protest came on for hearing before Mr. F. H. Fowler, district engineer 

 of the United States Forest Service at Yreka, Siskiyou County, ^Fay 5, 

 1921, and at Requa, Del Norte County, May 20, 1921. and many 

 witnesses were heard on behalf of protestant and applicants. 



The best autliorities in the country on the ha])its of Hsh maint.iiru'd 

 and proved that fish have iiot and will not pass ovei- a dam more tlian 

 forty feet high at the most and tlierefore the granting of this pci-niit 

 and the construction of either of these dams would absolutely destroy 

 the run of salmon and sea run trout on the Klamath Kiver. 



