Albuquerque morning journal., 1910-12-07

Such Masteful methods can easily Dc
prevented, so far as the government
land is concerned. by conditions In
serted in the leases.
Water Power Sites.
prior to March 4, 1909. there had
been, on the recommendation of the
reclamation service, withdrawn from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 to
about 100000 acres. The withdraw
ais were hastily made and included a
great deal OF land that was not use
ful for power sites. They were IN
tended to include the power sites on
90 rivers in states. Since that time
3,4Tb,A42 acres have been restored for
settlement OF the original 100000,
because thep do not contain power
sites and meantime new Withdrawals
have been made which, with other
rcstorations based upon field exam
nation, result in Withdrawals at pres
ent effective of 1,21s,S56 acres on
vacant public land and 20s,197 acres
on entered public land, or total of
1.420,553 acres. These Withdrawals
made from time 10 time cover all the
HQNtl Hitth lHNlhNtt III lAlt liieN WIN
drawals. and many more. on l 81 rivers
and in l2 states. The disposition of
these power sites involves one of the
most difficult questions presented in
carrying out practical conservation.
The forest service, under power
found in the statute. has leased q
number OF these power sites in forest
reserves by revocable leases, but no
such power exists with respect to
power sites that are not located with
in forest reserves, aud the revocable
system of leasing is, OF course, not a
satisfactory one for the purpose Of in
viting the capital needed to put in
proper plants for the transmutation OF
power.
The statute Of 1891 with its 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 pur-
pose of irrigation, and such electrical
current as may be incidentally devel-
oped but no grant can he made under
this statute TO concerns whose pri-
mary purpose is generating and hand
ling electricity. The statute of 1901
authorizes the secretary of the interior
to issue revocable permits over the
public lands TO electrical power com
panies. but this statute is woeiully in-
adequate because II does not author
ize the collection of a charge or fix a
term of years. Capital is slow to in
vest in an enterprise founded on a
permit reyocable at will.
The subject is one that calls for new
legislation. II has been thought that
there was danger OF combination to
obtain possession of all the power
sites and to unite them under one
control. Whatever the evidence of
this or lack of IT, the present we have
had enough experience to know that
combination would be profitable, and
the control of y great number OF
power sites would enable the holders
or owners to raise the price OF power
at will within certain sections and
the temptation would promptly at
tract Investors, and the danger of
monopoly and extortion would not be
a remote one.
However this may be. il is the plain
duty of the government to see to IL
that in thel utilization and develop
ment of all this immense amount OF
water power. conditions shall be inn
posed that will prevent extortionate
charges. which are THE usual ac-
compartment OF monopoly. The diff
Guilty of adjusting the matter is ac-
centuated by the relation of the pow
er sites to the water, the fall and flow
of which create the power In tbs
states where these sites are che 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 possess
sion of the bank or water-power site
over which the water Is TO be con
veyed in order to make the power
useful, gives 10 its owner an advant-
age and q certain kind of control over
he use of the water power, and ii ia
proposed that the government in deal
ng with its own lands should use
his advantage and lease lands for
power sites TO those who would de-
'elop the power. and impose condi-
ions on the leasehold with reference
o the reasOnableness of the rates at
which the power, when transmitted is
o be furnished to the public, and
the abuses Of monopoly
~ forbidding assignment Of the lease
ave with consent of the government.
'erious difficulties are anticipated by
ONE in such an attempt on the part
4 the general government, because
{ the sovereign control Of the state
yer the water power i'm its natural I
ondition, and the mere proprietor
hip of the government In the riparian
lnds. IL is Contended that through
$ more proprietary right in the site {
be central government has no power Z
, attempt 10 exercise police purisdic- {
on with reference to how the water q
over In river owned and cOntroll- /
4 by the state shall he used. and that I
is violation of the states rights. v
question the validity of this Objec- f
on. The government may impose any o
)nditions that IL chooses In it's lease h
its own property. even though il y
ay have the same purpose. and in 81
feet accomplish just what the state a
ould accomplish by the exercise of 8,
5 sovereignty There are those tand A.
70 director Of the geological survey. b.
7. Smith. who has given a great deal ol
attention to this matter, Is one of II
eml who insist that this matter of to
ansmitting water power into cleo ol
lefty. which can be conveyed all over ol
e country and across state lines, is pa
matter that ought to De retained by nC
e general government. and that IL &c
ould avail itself of the ownership W
these power sites for the very pur- dl
se OF coordinating in one general sh
an the power generated from these &C
sites. tn
on the other hand. 1t Is contended pf
at il would relieve a complicated m
uation ii the control OF the water :"
wer site and the control OF the wa