Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1910-12-06

contain power sites, and meantime
new Withdrawals have been made
which. with other reservations based
upon field examination, result in with
drawals at present effective of 1918
800 acres on vacant public land and
202, 1877 acres on entered public land,
or a total of 1,420553 acres. These
Withdrawals made from time TO time
cover all the power sites included in
the first Withdrawals and many more
on 151 rivers and in twelve states.
The disposition of these power sites
involves one of the most difficult ques-
lions presented in carrying out prac-
teal conservation.
The forest service. under a power
found in the statute. has leased num-
Der of these power sites in forest re-
serves by revocable leases, but no such
power exists with respect to power
sites that are not located within for
est reserves, and the revocable system
Of leasing is, of course. not a satisfac-
tory one for the purpose of inviting
the capital needed to put in proper
plants for the transmutation of power.
The statute of 1891 with it's amend
ments permits the secretary of the in
terror to grant perpetual easements or
rights of way from water sources over
public lands for the primary purpose of
irrigation and such electrical current
as may be incidentally developed, but
no grant can be made under this stat
ute TO concerns whose primary purpose
is generating and handling electricity
The statute of 1901 authorizes the sec
rotary of the interior TO issue revoca-
bic permits over the public lands to
electrical power companies, but this
statute is woefully inadequate because
it does not authorize the collection of
n charge or fix a term of years. Capt
tai is slow TO invest in an enterprise
founded on 4 permit revocable at will
The subject is one that calls for new
legislation. 1t has been thought that
there was danger of combination to OBJ
tain possession of all the power sites
and to unite them under one control
Whatever the evidence OF this. or lack
of it, at present we have had enough
experience TO know that combination
would be profitable. and the control of
q great number of power sites would
enable the holders or owners to raise
tain sections. and the temptation would
promptly attract investors and the dan
ger of monopoly and eXtortion would
not be 4 remote one.
However this may he. it is the plain
duty Of the government to see TO II
that in the utilization and development
of all this immense amount of water
power conditions shall be imposed
that will prevent extortionate charges.
which are the usual accompaniment
of monopoly.
The difficulty Of adjusting the mat
ter IS accumulated by the relation OF
the mower sites TO the water. the faH
and flow of which create the power.
In the states where these sites are the
riparian owner does not control or
own the power in the water which
flows past his land. That power is
under the control and within the grant
of the state. and generally the rule is
that the first user is entitled TO the
enjoyment. Now. the possession OF
the bank or water power site over
which the water is to be conveyed in
order TO make the power useful gives
to it's owner an advantage and GER
water power. and ii is proposed that
the government in dealing with its
own lands should use this advantage
and lease lands for power sites to
those who would develop the power
and impose conditions on the lease
hold with reference to the reasonable /
ness of the rates at which the power |
when Transmitted is to be furnished !
to the public and preventing the |
abuses Of monopoly by forbidding as
signment of the lease save with con-
sent of the government.
Serious difficulties are anticipated by /
some in such an attempt on the part /
of the general government, because of !
the sovereign control of the state over |
the water power in its natural condi- /
ton. and the mere proprietorship of 7
the government in the riparian lands. 1
1t is cOntended that through its mere
proprietary right in the site the cen
trail government has no power to at /
tempt to exercise police jurisdiction /
with reference to how the water pow /
er in a river owned and controlled by /
the state shall be used and that it is |
a violation of the states rights.
1 question the validity of this objec- |
ton. The government may impose any |
conditions that it chooses in its lease |
of its own property, even though it |
may have the same purpose and in eff |
feet accomplish just what the state |
would accomplish by the exercise of |
its sovereignty. There are those land |
the director Of the geological survey,
Mr.. Smith. who has given a great deal
of attention to this matter, is one of |
them who insist that this matter of |
water power into electric
ity which can be conveyed all over the
and across state lines is a mat
ter that ought to be retained by the
general government and that it should
avail itself of the ownership of these
power sites for the very purpose of
ro-ordinating in one general plan the
power generated from these govern
ment owned sites.