Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1905-05-03
STATE TO CONTROL
ITS WATER POWER
ASSEMBLY COMMITTEE WANTS
TO REGULATE FRANCHISES.
WILL TAX USE OF DAMS
Privilege of obstructing Natural High
ways for the Operation of Machln-
cry to Be Assessed Separate from
Physical roperty-Contract For
feited if Dam Is Neglected.
Madison. AnriI 2S.

The assembly comm utea on lumber
and mining will report this morning
two important bills preserving to the
public the water power rights on the
navigable streams of the state. along
the lines suggested by Gov La Fol
lette in his message to the legisla-
ture on that subject.
One bill provides for the forfeiture
and termination of franchises hereto
fore granted in cases where the dams
have not been built. and where the
dams have been built but have not
been uit and where the dams have
been built but have nor been main
tanned or operated within two years.
The other bill provides that all fran,
chises of this nature hereafter granted
shall be subject to a tax separate from
the physical property at the same rate
as other property of the state and
shall be assessed by the state board Of
assessment. The first bill provides
that all franchises granted prior to
Jan. l. 1903 for building Of dams
across navigable streams. which have
not been exercised prior to April l.
1905. shall be terminated and forfeited.
In all cases where a dam authorized
prior to January /, 1909. has not been
maintained or operated for the period
of two years Immediately preceding
April 1905, the franchise is declared
forfeited and all acts granting such
franchises are repealed All fran
ohises granted after January /. 1903.
which shall not be exercised BY the
building and maintaining Of such dam
within four years from the date of the.
passage Of the act shall terminate and
be forfeited at the expiration Of the
four years. 1t is made the duty OF the
attorney general TO bring action in the
name Of the state in tho circuit court
in which the dam is located or was to
he located TO declare he franchise for
feited.
The second bin provides that all acts
hereafter passed grantins franchises
for the construction of dams shan con
tain the name of The person. firm or
corporation to whom the franchises Is
granted, the purposes for which the
dam Is To be built. the name of the
stream on which it is to be built and
the government subdivision, not ex-
ceeding one-half section with the name
Of the owner. The act is to state the
height above low water mark to which
the water of the stream may be raised
and is to contain provision for fish
ways and for shoots for log driving
purposes if the dam is across a stream
so used. The act also provides thai
failure TO build within four years or to
operate and maintain the dam for two
consecutive years shall terminate the
franchise. Should the water power ac-
quired be operated or its operation sus
pended by any contract or agreement
in violation with the state or United
States laws, the franchise shall he for
feiteG forthwith. The right to amend
or repeal the act granting a franchise
is reserved to the legislature.
If the power is offered for sale. the
bill provides, that all charges shall be
reasonable, and in case Of disagree
ment, arbitration is provided for.
which shall be final. Refusal to arbi-
trate shall work a forfeiture of all
rights under such franchise. while the
refusal of the lessee shall work for
fixture of his lease. All franchises
shall be taxed separately from the
physical property OF such dam. their
value to be determined by the state
board Of assessment. prior to Novem
Der of each year The owner NAV
be given preliminary hearing be
tween September ; and 80 each year.
The rate of taxation is to be the aver
age rate determined for the state q is
the 'lactice in taxing railroad prop
erty,
The franchises 10 lie granted to
towns and cities and heretofore grant
~ 10 towns and cities are exempted
from the provisions Of the act.