The effect of this is to extend forward the rock rim of the basin. Behind this wall, they removed the rock floor, in some places to a depth of seven feet, so that there is now a general depth in their dam of some six feet below the surface of the barrier, over which the water flows as if naturally. By taking the water from the bottom of the dam, while the river is still flowing over the top, the same effect is produced as if it were taken by a tunnel from any part of the floor of the basin of the Upper Rapids, and so increases the discharge from the basin.
The franchise of the Ontario Power Company is about 12,000 cubic feet per second, but works for only 4,000 cubic feet are completed. Their franchise has not been restricted as have been those of the New York Companies. The present amount of water due the New York Companies, as restricted under the Burton Act, is 14,500 cubic feet per second, although their franchises gave them 27,200 cubic feet per second.
These detailed accounts are given to show unequivocally, despite assertions to the contrary made to me by Mr. George C. Gibbons, chairman and legal representative of the Canadian section of the commission, that not only the older New York Companies, but also the Ontario Power Company (the other Canadian companies' works being below the rapids) must lower the water in the basin above the Upper Rapids. Indeed, Mr. Gibbons signs the report stating that if the water supply were taken from Chippawa Creek, Lake Erie would be lowered, as the supply would come from back-water derived from Niagara River. This back-water would be flowing from the same basin which has been
