Middlebury register. (Middlebury, Vt.) 1886-1937, 1912-05-03
THE RIGHTS OF THE PUBLIC IN
WATER POWERS.
By FRANKLIN S. BILLINGS, Woodstock
Vermont.

BY FRANKLIN S. BILLINGS, Woodstock,
Vermont
Prepared for the Vermont Commits
sion on the Conservation of Natural
Resources.
So much has been written and said
about the development of the white
Coar' of Vermont that it seems to me
time to look over the history of the
development of the water powers of our
State, to see if such privileges have
been granted in proper way, and to
study carefully plan for the wise de-
velopment of this power in the future.
Any unprecedented citizen will &C
knowledge that the natural resources of
our State should be used and developed
in way that will accrue to the greatest
good of the greatest number of the in
habitants of Vermont, and in so doing,
accrue to the benefit of the State as
whole. Has this development in the
past been made in this way? My per-
sonal opinion is emphatic that it has not
been, but that it has, on the contrary,
been used for the benefit of the few.
In the past the State has granted the
right to use and develop this valuable
power to individuals or private cor
porations and has not received proper
return for this immensely valuable
asset. This should be stopped at once
and some general plan adopted so that
the State, and the people of the State
as a whole, shall receive a proper re-
turn for the natural resources that it
still owns, and also give fair profit to
the individual or corporation that wishes
to invest money in such development.
The State of Wisconsin has some ex-
cellent Water Power" laws, having
been progressive in this department as
in other legislation. This article is too
short to give these laws in detail, but it
seems to me most important for YER
mont to enact laws promptly to ac
complish the same results that have
been accomplished in Wisconsin.
Taking the Water Power" laws of
Wisconsin as a guide, but not following
them in every particular, would sug-
gest that what we ought to have in this
State are laws that would attain the
following result. The State should re-
serve the right to manage, regulate and
control the use and distribution of the
power, and the level and flow of water
in all navigable waters of the State,
and no person, firm, association of in
dividuals, corporation, or municipality
should build, maintain or operate any
dam or other improvements in or across
any stream, navigable in fact for any
purpose whatsoever, without obtaining
a franchise authorizing such work.
To obtain such franchise an applica-
ton should be made to the Public Ser
vice Commission. or to the Conservation
Commission, if it is made a per-
manent and important body as it should
be, and has already been in many States.
The application should contain all in
formation needed to give a full under
standing of the situation. This in
formation should be sworn to by the
person or persons, or officers of a
corporation or municipality making the
application. The Commission designated
to receive such applications should set a
date for public hearing on said APP
plication, and said public hearing should
be held, if possible, in the town or city
nearest the site of the proposed i'm
provements. At the hearing the Com
mission should hear the applicants or
agents of applicants asking for the
franchise, and any person. or agents of
persons opposed to said franchise. The
Commission should have the right to
subpoena any witnesses whom it might
wish to hear on the subject Upon the
conclusion of the hearing, said Com
mission should carefully consider all the
evidence and facts obtained, and if
they find that the improvements asked
for in the application shall promote,
conserve, and protect all public
rights in such waters, and will not
endanger the life, health or property
of the public, and that said improve
nents will serve the interests of the
public better than any other, then said
Commission should have the power to
grant such franchise, with the approval
of the Governor of the State. If, on
the other hand, it is found that public
rights would not be conserved, or that
the life, health or property of the public
would be endangered, then the said
Commission should refuse the appica-
ton.