Wauwatosa news. [volume] (Wauwatosa, Wis.) 1900-1948, 1910-09-09


er sites; and meantime there have been
newly withdrawn 1875 500 acres on vacant
public land and Eli GOT acres on entered
public land, or a total OF 1,456 S99 acres,
These Withdrawals made from time to
time cover all the power sites included
in the first withdra walls, and many more,
on 100 rivers and in II states. The dtspo-
sition OF these power sites involves one
of the most difficult questions presented
in carrying out practical conservation.
The statute of 1891 with its amendments
permits the secretary OF the interior to
grant perpetual easements or rights OF
way from water sources over public
lands for the primary purpose Of irriga-
ton and such electrical current may
be incidentally developed. but no grant
can be made under this statute to con-
Germs whose primary purpose is gener-
ating and handling electricity. TIE stat
ute of 1901 authorizes the secretary Of
the interior to issue revocable permits
over the public lands to electrical power
companies, but this statute is woefully in
adequate because II does not authorize
the collection Of charge or fix a term
of years. Capital is slow to invest In an
enterprise founded on permit revoeable
at win.
1t is the plain duty Of the government
TO see 10 It that In the utilization and de-
velopment OF all this immense amount
posed that will prevent monopoly and
will prevent extortionate charges. which
are the accompaniment of monopoly. The
difficulty of adjusting the matter is &C
centuated by the relation OF the power
sites TO the water. the fall and now of
which create the power, In the states
where these sites are the riparian own
er does not control own the power in
the water which flows past his land
That power is under the control and with
in the grant OF the state and generally
the rule is that the first water user Is en-
titled to the enjoyment. Now, the pos
session of the bank or water-power site
over which the water is to be conveyed
in order to make the power useful. gives
to its owner an advantage and certain
kind of control over the use of the water
power, and il is proposed that the govern
ment 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
| leasehold with reference to the reason
ahleness OF the rates at which the power,
| when transmitted Is to be furnished te
! the public, and forhidding the union of
| the particular power with a combination
| of others made for the purpose of nonop-
! oily by forhidding assignment of the
| lease save by consent of the government
| Serious difficulties are anticipated by
/
the general government because Of the
! sovereign control of the state over the
| water power IN its natural condition, and
| the mere proprietorship Of the govern
| ment in the riparian lands. 1t is con,
| tended that through it's mere proprietary
| right in the site the central government
! has no power to Hytompt to exercise po-
! lice Jurisdiction with reference to how
! the water power in a river owned and
| controlled by the state shall be used, and
| that IL is "A violation of the states rights
| I question the validity of this objection
| The government may impose any condi-
! tons that il chooses in it's leusa OF its
own properly, even though II may have
the same purpose, and in effect accom-
! psh Just what the state woulG accom-
! pHsh by the exercise of it's sovereignty.
| There are those (and 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 transmitting water power
into electricity, which can be conveyed
all over the country and across state
| lines, is a matter that ought TO be re-
tanned by the general government, and
that II should avail itself OF the owner
ship of these power sites for The very
purpose of co-ordinating In one general
plan the power generated from these
! government owned sites.
On the other hand, it is contended that
il would relieve a complicated situation
| If the control of the water-power site
| and the control Of the water were vested
in the same sovereignty and ownership,
viz, the states. and then were disposed
Of for development TO private lessees un-
der the restrictions needed to preserve
the interests Of the public from the extor-
| tons and abuses Of monopoly Therefore.
| bills have been introduced in congress
| providing that whenever the state au.
| thoritles deem a water power useful they
| may apply TO the government Of the
| United States for a grant to tho state
Of the adjacent land for a water-poweI
| site, and that this grant from the fed
| eral government TO the state shall con-
! tain a condition that the state shall
| never part with the title 10 the water.
| power site or the water power, but shall
| lease II only for a term OF years not ex-
| ceeding fifty. with provisions in the
| lease by which the rental and the rates
| for which the power is furnished to the
| public shall be readjusted at periods less
than the term OF the lease, say. every ten
| years The argument Is urged against
this disposition OF power sites that legis-
| lators and state authorities are more sub
| iect to corporate influence and control
| than would be the central government; in
| reply It Is claimed that a readjustmeDt
| would secure 10 the public and the state
just and equitable terms.
| do not express an opinion upon the
| controversy thus made or "A preference
as to the two methods Of treating water
/ power sites. ! shall submit the matter to
/ congress and urge that one or the other
| of the two plans be adopted.
have referred TO the course OF the Last
/ administration and OF the present one in
| making Withdrawals OF government lands
/ from entry under homestead and other
] laws and Of congress Ia removing ali
| doubt as to the validity Of these with
( drawals as a great step In she direction
/ OF practical conservation. But II Is only
! one Of Two necessary steps TO effect what
/ should be orr purpose II has produced
/ "A status quo and prevented waste and ir-
/ revocuble disposition of the lands until
/ the method for their proper disposition
( can be formulated. But II is OF tho ut
| most importance that such Withdrawals
/ should not be regarded az the final step
/ in the course Of conservation, and that
! the idea should not be allowed to spread
/ that conservation iH the tying up Of the
! natural resources Of the government for
! indefinite Withholding, from use and the
re uIegBgD IN remote generations to decide