All these permits are revocable at pleasure, and, in the absence of further legislation in Congress, will expire on June 29, 1909.
In the course of his decision, after discussing the intent of the law, Mr. Taft says:
Acting upon the same evidence which Congress had, and upon the additional statement made to me at the hearing by Dr. John M. Clark, state geologist of New York, who seems to have been one of those engaged from the beginning in the whole movement for the preservation of Niagara Falls, and who has given close scientific attention to the matter, I have reached the conclusion that with the diversion of 15,600 cubic feet on the American side and the transmission of 160,000 horse-power from the Canadian side the scenic grandeur of the Falls will not be affected substantially or perceptibly to the eye.
With respect to the American Falls, this is an increase of only 2500 cubic feet a second over what is now being diverted and has been diverted for many years, and has not affected the Falls as a scenic wonder.
With respect to the Canadian side, the water is drawn from the river in such a way as not to affect the American Falls at all, because the point from which it is drawn is considerably below the level of the water at the point where the waters separate above Goat Island, and the Waterways Commission and Dr. Clark agree that the taking of 13,000 cubic feet from the Canadian side will not in any way affect or reduce the water going over the American Falls. The water going over the Falls on the Canadian side of Goat Island is about five times the volume of that which goes over the American Falls, or, counting the total as 220,000 cubic feet a second, the volume of the Horseshoe Falls would be about 180,000 cubic feet. If the amount withdrawn on the Canadian side for Canadian use were 5000 cubic feet a second, which it is not likely to be during the three years' life of these permits, the total to be withdrawn would not exceed ten per cent. of the volume of the stream, and, considering the immense quantity which goes over the Horseshoe Falls, the diminution would not be perceptible to the eye.
Taking up first the application for permits for diversion on the American side, there is not room for discussion or difference. The Niagara Falls Power Company is now using about 8600 cubic feet of water a second and producing about 76,630 horse-power. There is some question as to the necessity of using some water for sluicing. This must be obtained from the 8600 cubic feet permitted, and the use of the water for other purposes when sluicing is being done must be diminished. The Niagara Falls Hydraulic Power and Manufacturing Company is now using 4000 cubic feet a second and has had under construction for a period long antedating the Burton Act a plant arranged to divert 2500 cubic feet a second and furnish 36,000 horse-power to the Pittsburg Reduction and Mining Company. A permit will therefore issue to the Niagara Falls Hydraulic Power and Manufacturing Company for the diversion of 6500 cubic feet a second, and the same rule must obtain as to sluicing, as already stated.
The Riverside at Willow Island.
As the object of the act is to preserve the scenic beauty of Niagara Falls, I conceive it to be within my power to impose conditions upon the granting of these permits, compliance with which will remedy the unsightly appearance that is given the American side of the canyon just below the falls on the American side, where the tunnel of the Niagara Falls Power Company discharges and where the works of the hydraulic company are placed.