St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1912-05-08
VERMONT WATER POWERS.
The Rights of the Public Therein
Discussed in Conservation Series

The Rights of the Public Therein
Discussed in Conservation Series
BY Franklin S. Billings. Woodstock,
Vermont.
Prepared for the Vermont Com
mission on the Conservation of
Natural Resources.
So much has been written and
said about the development of the
white CoaP' 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 a proper way, and to study care
fully a plan for the wise develop
ment of this power in the future.
Any unprejudiced citizen will ac7
knowledge that the natural resourc-
es Of our state should be used and
developed in a way that will accrue
to the greatest good of the greatest
number of the inhabitants of Yer
mont, 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 personal
opinion is emphatic that it has not
been, but that it has, on the con-
trary, 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 corporations and has not
received a proper return for this i'm
mensely valuable asset. This should
be stopped at once and come gener-
al plan adopted so that the state,
and the people of the state as a
whole, shall receive a proper return
for the natural resources that it
still owns, and also give a fair pro-
fit to the individual or corporation
that wishes to invest money in such
development.
The State of Wisconsin has some
excellent water Power laws, hav-
ing been progressive in this depart
ment as in other legislation. This
article is too short to give these
laws in detail, but it seems to me
most important for Vermont to
enact laws promptly to accomplish
the same results that have been ac-
complished in Wisconsin.
Taking the Water Power" laws
of Wisconsin as guide, but not
following them in every particular,
would suggest that what we ought
to have in this state are laws that
would attain the following. result
The state should reserve the right
manage, regulate and control
the use and distribution of the pow
err, and the level and flow of water
in all navigable waters of the state,
and no person, firm, association of
individuals, corporation, or munich
pality should build, maintain or
operate any dam or other improve
ments IN or across any stream, nav
igable in fact for any purpose what
soever, without obtaining a fran
chise authorizing such work.
To obtain such franchise an ap-
plication should be made to the
Public Service Commission, or to the
Conservation Commission, if it is
made a permanent and important
body as it should be, and has al
ready been in many states. The ap-
plication should contain all infOr-
nation 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 applica-
tions should set a date for a public
hearing on said application, and
said public hearing should be held,
if possible, in the town or city near
est the site of the proposed i'm
provements At the hearing the
Commission should hear the appli
cants or agents asking for the
franchise, and any person, or
agents of persons opposed to said
franchise. The Commission should
have the right to subpoena any wit
nesses whom it might wish to hear
on the subject Upon the conclusion
of the hearing, said Commission
should carefully consider all the ev-
idence the 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
improvements will serve the inter
ests of the public better than any
other, then said Commission shonld
have the power to grant such fran
chise, with the approval of the Gov
ernor 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