Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1912-05-17
The Rights Of the Public In Water
Powers.

The Rights OF the Public In water
Powers.
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
Coal" of Vermont that 1t 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 a plan for the wise develop
| ment of this power in the future.
Any unprecedented citizen will acknow-
| ledge that the natural resources Of our
| state should be used and developed in
| a way that will accrue to the greatest
| good of the greatest number of the in
| habtants of Vermont and in so doing
accrue to the benefit of the state as a
| 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 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 corpora
| lions and has not received proper re-
| turn 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 whole,
shall receive proper return for the
| natural resources that 1t still owns, and
also give a 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 lis too
short to give these laws in detail, but
it seems to me most important for YER
-
plish 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, 1 would sug-
gest that what we ought to have in
this state are laws that would attain
the following result. The state should
reserve the right to manage, regulate
and control the use and distribution of
power, and the level and flow of water
in all navigable waters of the state, and
no person, firm, association of individ-
uals, 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 fran
chise 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 permanent
and important body as it should be and
has already been in many states. The
application should contain all inform
alton needed to give a full understand
ing of the situation. This Information
should be sworn to by the person oil
persons, or officers of a corporation OF
municipality making the application. The
; commission designated to receive sucf
applications should set date for public
0 hearing on said application, and sait
l. IT. all 10 hn16
ible in the town or city nearest the
site of the proposed improvements. A
the hearing the commission should heal
the applicants or agents of applicants
asking for the franchise, or any
person, or agents of persons opposed U
said franchise. The commission should
have the right to subpoena any witness
es whom it might wish to hear on thu
! | subject. Upon the conclusion of the hear
ing, said commission should carefully
: consider all the evidence and facts OBJ
tained and If they find that the improv
ments asked for in the application shall
S promote, conserve and protect all pub
] lie rights in such waters, and will no
= endanger the life, health or property o
t the public and that said Improvement
n will serve the interests of the publ
!. better than any other, then said com
n mission should have the power to gran
= such franchise, with the approval of thu
!; governor of the state. If, on the othe
e hand, 1t is found that public right
would not be conserved, or that the life
: health or property of the public woul
be endangered, then the said commits
sion should refuse the application.
All construction of dams or othe
improvements, should be absolutely un
der the supervision of the commission
and If the holder of the franchise SHOULD
not obey any order of the commission
the franchise should at once be cancelled
Tuyn linn 10 MI Int
been mentioned. The period for whicl
the franchises should be granted ami tn
remuneration the state should receiv
for such franchises.
In Wisconsin the franchise is granite
for twenty years with the privilege o
two renewals. This term seems to m
too short and I should advocate
franchise for one hundred years witt
regulations for adjusting 1T at the en-
of that term.
AS to the remuneration the stat
should receive Wisconsin collects nv
per cent. on the value of each hors
power, With certain restrictions Woul
1t not be better for this state to impos
a franchise fee of certai
per cent Of the gross earning
of any such Improvement, and IT, 10
any reason, the improvements were no
used, to impose a fee of a fixed sur
graded according to the value OF Tn
franchise? Failure to pay the franchis
fee should forfeit the franchise, ana
should be distinctly understood that tn
franchise fee Is not tax and does M
take the place of any tax.
There are many other details, such q
the right to appeal to the courts, etc
that II is not necessary to mention her
but the foregoing gives general idea
the legislation that I would strongly url
for enactment by the legislature OF on
state II is to be hoped that some sue
plan for the regulation of our valu
able natural resources will soon I
adopted by the state of Vermont
Franklin 8. Billings of woodstock, We