The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-11-25
FISHER ON WATER POWERS.

of tho Interior is evidently learning.
He finds that the situation with re-
spect TO the locking up of water pow
ers is quite as bad with those powers
| locked up as IL would be TO have them
in the hands OF mouopoies. He
| sous RELY saws that the tendency of the
time is towards monopoli2atiou and con
| solidation. and that the Withholding OF
the use OF the water powers is great
public loss The nonuse OF these nat.
! nral resources. the Secretary says. rs
quite as great as the loss through their
misuse. and he pronounces unrcserNedly
in favor of throwing them open to the
utilization OF such concerns as may see
profit therein.
These statements wcrc made by him
| in hearing before the National Wat,
erways Commission in Washington. Mr.
| Pinchot. of course. was opposed; he
wanted the corporations taking these
water rights or privileges TO be lin
tied in their life to n stated number
of years. But Mr.. Fisher answered
this by saving that. with proper gov
ernmeDtal regulation and supervision,
there would be no need TO terminate
the existence Of those corporations from
time 10 time; and it is evident, further,
that the impending termination would
be very serious handicap on the for
nation of companies or corporations for
the beneficial use OF the public water
powers.
In all this matter. however, the fun
damcutal basis Of the water power prop.
osition seems TO he lost sight of The
government appears. for the FIRST time,
TO be considering itself as the proprietor
of the water. This has never been
either the use or claim Of the Fed
cral government hitherto. The waters
in the States, except naviGable waters,
have always been left for the man
agment and regulation OF the States,
This is SO cmphatically today. All of
these Western States have irrigation
codes OF their own in which the use
OF the water is fully provided for, and
this without any consideration Of the
Federal government. Whatever posi-
bilities there might have been in the
declaration of ownership of the waters
of all this region by Congress while
these commouweajths were in the Ter
ritorial state, that state has passed by
long ago, and the States have assumed
full jurisdiction OF the water and the
water service.
The United States gets its claim as
to water sites and water power only
by reason of its ownership of the pub
lie domain. In no way has il ever
coded, that the National Government
could take charge of nonnayigable
waters, and direct their disposal either
by rental. leasing, or any form of SUI
peryision. And with the passage OF
the title to the land into the hands
of any corporation, company. firm, or
Individual, the right of the United
States in the use of the water. the regu-
latlon of 1T, or in any manner inter
fering with the water power, privilege.
or right, passes away. This matter has
been thoroughly threshcd out in Con-
gress, and the doctrine of the States
regulation of the streams within their
borders has been completely stablished,
and, in fact, Acknowledged,
So far as water rights are concerned.
the Federal government gets its power
of interference through the back door
as it were. and not by reason of am
claim, either legal or practical. which
1t has on the water, This being com
pletely in the reserved jurisdiction of the
States, the Federal government s claim
of jurisdiction over it resting as it docs
upon the mere land proprietorship, is
so frail, that the government would
necessarily have to reserve the land
necessary for the enjoyment and use
Of the water right perpetually from
passing, In order TO retain any right
of supervision or control But. for the
government TO retain land in that man
Dcr, nepriving the State of the right
OF taxation over the improvements to
be put In and upon the land itself.
would clearly be an injustice TO the
States, and r restriction hitherto un.
preccdentcd in the history OF the coun