Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1910-09-08

mat qns sisb.xie aacfes nave Jleen -
| stored for settlement Of the original foui
1 million, because they do not contain pow.
o. sites; and meanflme there have beer
/ newly Withdrawn l.2s, e9z acrta on vacant
| public land and zii.pof acres on entered
| public land. or 3 total Of l,lBo,soa acres
These Withdrawals made from time y
| time cover all the power sites Included
| In the flrHt withdrawals, and many more
| on lsb rivers and In IL states. The diepo-
| aition Of those power sites Involves one
| Of the most difficult questions presented
In cdrryine out practical conservation.
The statute OF 1891 with its amendments
permits the secretary OF the interior 70
| grant perpetual easements or rights Of
Z way from water sources over public
landa 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 u gener-
atinR and handling electricity. The 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 ID woefully In
adequate because II does not authorize
the collection OF 4 charge or AZ 81 term
Of years. Capital n slow, to invest in an
enterprise founded on 4 permit revocable
at will.
II IL the plain duty Of the government
to see to ii that In the utilization and de-
velopment OF all this immense amount
Of water power, conditions shall be inn
posed that will prevent monopoly and
will prevent extortionate charges. which
are the accompaniment Of monopoly. The
difficulty Of adjusting the matter u acS
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
err does not control or 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 Il en-
I titled to the enjoyment. Now the poss
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 q certain
kind Of control over the use Of the water
power, and 1t Is proposed that the govern
ment in dealing with its own lands should
use this advantage and lease lands foi
power sites to those who would develor
the power, and impose conditions on tht
leasehold with reference to the reason,
ableness OF the rates at which the power
when transmitted, Is to be furnished To
the public, and forbiddlng the union Of
the particular power with q combination
OF others made for the purpose Of monop
oily by forbidding assignment Of the
lease save by consent 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 condition. and
the mere proprletorship Of the govern
rntIt IN the riparian lands II IL cons !
tended that through its mere proprietary
right IN the site, tile central government
has no power to attompt to exercise no
lice jurisdiction with reference to how
the water power IN a river owned and
controlled by the state shah be used, and
that 1t Is a violation Of the states rights
/ question the validity Of this objection
The government may impose any condl-
tons that 1t chooses In Its legsa Of lis |
own property, even though It may have |
the same purpose, and In effect accom- |
plish just what the state would accom- |
plish by the exercise Of ite sovereignty
There are those (and the director OF the |
geological survey, Mr.. Smith, who has 4
given a great deal OF attention 10 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 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 TOT The very !
purpose Of co-ordinating In one general
plan the power generated from these
government owned sites.
Arguments Against Idea
on the other hand. It is commended that
II would relieve a complicated situation
If the contror Of me water sotN-r site
and the control OF the water were vested
In the same sovereignty and 0wnerBhip /
Viz. the states, and then were disposed
Of for development to privatesleRsees tn-
der the restrictions needed to preserve
The interests OF the public from the extor-
lions and abuses Of monopoly. Therefore,
bills have been introduced in congress- 4
providing that whenever the state au- Z
lhorities deem q water power useful they
NAV apply to the government OF the
United states for grant to the state
81 the adjacent land for g water-power
site, and that this grant from the fed
erai government to the state shall con-
tain a condition that the state shall
never part with the title to the water
power site or the water power, but shan
lease il only for a term Of years not ex-
ceedlng fifty, with provisions In the
ease by which the rental and the rates
ror which the power Is furnished to the
public shah be readjusted at periods less
han the term OF the lease, say, every ten
years. The argument Is urged against
his disposition OF power sites that legls-
atora and state authorities ara more sub
Iect to corporate influence and control
han would be the central government; IN
reply it is claimed that q reimbursement
II the terms Of leasehold every ten years
would secure to the public and the state
lust and equitable terms.
do not express an opinion upon the
controversy thus made or a preferences
q to the two methods OF treating water
,ower sites shall submit the matter 70
congress and urge that one or the other
Il the two plans be adopted
4 have referred to the course Of khe last
Administration and Of the present one IN
making Withdrawals Of government lands
rom entry under homestead and other
avs and Of congress In removing al
lo1bt az TO the validity Of these With
lrawaiu - great step In the direction
4 practical conservation. But Il IA only
me Of two necessary steps 10 eject what
Ihould Be our purpose II has produced
, status quo and prevented waste and r.
'evocable disposition Of the lands until
ne method for Their proper disposition
IN b formulated But Il e Of The ut
most Importance that such withdraWaln
Mould not be regarded ~ the lnal step
n tho course Of conservation, and that
ne IDEA should not BE- allowed 70 spread
nat conservation b The Tying up Of the
.nfurni rendurcar 81 the government for