THIRTY-FIFTH BIENNIAL REPORT 73 



these was decided in favor of the Commission and the obstruction 

 removed. The other case is still pending. 



Of the many adverse conditions affecting fish life in this State 

 the greatest undoubtedly is the passing of fish into the water diversions 

 and their ultimate destruction. This could in a very great measure be 

 prevented by the installation of proper fish screens at or near the head- 

 works of these diversions. This is a phase of the Commission's activi- 

 ties which has been before it for forty years, though accomplishment 

 has been limited as there has been an aversion by the water users to 

 the installation of necessary fish protection. 



From 1933, to August, 1937, the fish screen law provided that the 

 cost of installation of fish screens be divided equally between the Com- 

 mission and the owners, the latter being responsible for the operation 

 and maintenance. The serious defect in this bill, however, was that 

 one-half the cost was to be advanced to the owner by the Commission 

 and there was no provision made wherebj^ the Commission could super- 

 vise or protect itself against poor or inefficient construction, with the 

 result tliat practically nothing was accomplished while this law was 

 in effect. The need for fish screen installation was recognized and it 

 appeared for a time that Federal aid would be received, but this did 

 not materialize and finally the writer entered into a cooperative 

 arrangement with the supervisors of the United States Forest Service 

 in seven of the forests. The Forest Service was to furnish labor and 

 transportation from the CCC camps, and this Commission would fur- 

 nish design and materials. Under this arrangement sixty-seven diver- 

 sions were selected by the forest supervisors for fish screen installations 

 and the material for such construction has been on the ground for 

 some time. Some screens have been installed, but due to a decreasing 

 personnel of the CCC camps, extremely heavy fire prevention work, 

 and other causes, progress has not been as rapid as hoped for under this 

 plan. I have been assured by the forest supervisors that they will con- 

 tinue on this work until the screen installations have been effected. 

 This cooperative arrangement has more significance than just the num- 

 ber of fish screens installed, as it directed attention to the need of fish 

 screens and was of general educational value. I desire to express my 

 appreciation for the cooperation and consideration received from the 

 personnel of the United States Forest Service. 



In 1937 the legislature rewrote the fish screen law, and in brief, 

 the Commission may now install a fish screen on a water diversion 

 where it is required and bill tlie owner for one-half the cost ; provided, 

 that such installation may be made only after the Commission and the 

 owner have arrived at an agreement as to type, size, location, time of 

 construction, and cost, and failing to agree, the matter is referred to 

 the Chief of the Division of Water Resources, whose decision is final 

 and conclusive. This procedure may consume four months. In addi- 

 tion, an agreement must also be arrived at as to operation and mainte- 

 nance cost, and failing of agreement the matter is referred to the 

 Director of Finance for his final and conclusive decision. One-half of 

 the cost of operation and maintenance is borne by the Commission, the 

 bills being rendered by the owner of tlie diversion, with no check pro- 

 vided as to the correctness of the charge. 



