Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-09-05
WATER.POwER SITES

inserted IN the leases.
III WATER-POWER SITES
Prior 10 March 4. 1853, there had heen.
on the recommendation OF the reclama-
ton service withdrawn from agricultural
entry, because they were regarded as
useful for power sites which ought not
to be disposed OF as agricultural lands.
tracts amounting 10 about 4WO.OD acres.
The Withdrawals were hastily made, ana
included a great deal OF land that was
not useful for power sites. They were
intended to include the power sites on
twenty-nine rivers I'm nine states. since
that time 3.475.442 acres have been re-
stored for settlement OF the original -
900, ono. because they do not contain pow
er sites, and meantime there have been
newly withdrawn 1,245. 500 acres on va
cant public land and 211.0 acres on en-
tered public land. or a total OF l.<oo.S"
acres. These Withdrawals made from
time to time cover all the power sites
included in the first Withdrawals. and
many more. on 1875 rivers and In eleven
states. The disposition OF these power
sites involves one OF the most nirncuit
questions presented I'm carving out prac-
teal conservatio The forest service
under a power found in the statute. has
leased a number OF these power sites In
forest reserves by revocable leases. out
no such power exists with respect 10
power sites that are not located within
forest reserves and the revocable system
of leasing is. OF course. not satisfactory
one for the purpose of inviting the cap
ital needed to put in proper plants Tor
the transmutation of power.
wxat u. n
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
NAV be incidentally developed. but no
grant can be made under this statute
to concerns whose primary purpose Is
generating and handling electricity The
statute 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
inadequate because II does not authorize
the collection OF a charge or fix term
of years. Capital is slow TO invest In an
enterprise founded on a permit revocabie
ut will.
New Legislation Needed.
1.-The subject is one that calls for new
legislation. II has been thought that
there was danger OF combination 10 OBJ
tain possession OF all the power sites and
to unite them under one control. What
ever the evidence of this. or lack OF IL, at
to know that com bination would be
profitable. and the control of great
number OF power sites would enable the
holders owners to raise the price of
power at will within certain sections;
and the temptation would promptly at
tract investors. and the danger OF monop-
oily would not be a remote one.
However this may be. IL is the plain
duty OF the government TO see to il that
in the utilization and development of all
conditions shall be imposed that will pre-
vent monopoly. and will prevent extortion-
ate charges, which re- the accompaniment
of monopoly The difficulty OF adjusting the
matter Is accumulated by the relation OF
the power sites to the water. the fall
and flow Of which create the power. In
the states where these sites are the RI
parian 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 water power
site over which the water is to be con-
veyed In order to make the power useful
gives to its owner an advantage and a
certain kind OF control over the use of the
water power. and 1t 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 de-
velop the power. and impose conditions on
the leasehold with reference to the rea-
Sonabeness OF the rates at which the
power. when transmitted. is to be fur
nished to the public. and forhddding the
union of the particular power with a
combination of others made for the pur-
pose of monopoly by forbidding assign
ment of the lease save by consent of the
government Serious difficulties are an
ticipated by some In such an attempt on
the part of the general government, be-
cause of the sovereign control of the
state over the water power In Its natural
condition. and the mere proprietorship of
the government in the riparian lands. II
is contended that through its mere pro-
prietary right I'm the site the central
government has no power to attempt to
exercise police Jurisdiction with reference
to how the water power In river owned
and controlled by the state shall be used,
and that II is a violation OF the states
rights. I question the validity OF this
objection. The government may impose
any conditions that IL chooses in its lease
of its own property. even though IL may
have the same purpose and in effect ac-
compish just what the state would ac-
complish by the exercise OF its soyer-
eighty. 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 transmitting water
power into electricity. which can be con-
veyed all over the country and across
state lines. Is a matter that ought to be
retained 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 gov
ernment-owned sites.