The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1913-02-04

9 - u B - - =
on gEsT v1aontIAi
ahip in the state 81 the water Of our
streams j think this question wal
::orever settled by the Supreme courl
II the United States in 1858 In de
llyerlng the opinion of the court MI
Justice Holmes said;
THE state as quasi sovereign and
representative of the interests OF tho
publ, has a standing in court to pro
.ect the atmosphere, the water and
he forests within It's territory, IRE.
pectIve OF the assent or dissent Of
he private owners OF the land most
Immediately Concerned. -" i
n lrs 10 US that few public interests
ue more c3rious, indlspatable and in
.c7endent CT particular theory thar
10 interests {, the publis of State
maintain the rivers thLt are Who'll
ly within it Substantially nndiminish
d, except by such drafts upon them
the guardian of the public welfare
nay permit for the purpose OF turn,
ng them into more perfect use.
his public interest is omn!present
wherever there is a state, and grows
more PRESSING as population gro%s
We are OF opinion, further, that the
Institutional power OF the State &c
insist that its natural advantages shall
emain unimpaired by its citizens is
aot dependent upon any nice estimate
OF the extent Of present use or spec
llation as to future needs. The lega'
conception of the necessary is apt tt
Je confined to somewhat rudimentary
wants, and there are benefits from
treat river that might escape a law
yer's view. But the State is not re
Iuired to submit even to an esthettt
analysis. Any analysis may be made
,uate. 1t finds itself in possession Of
What all admit to be great public
GOOD, and what II has II may keeI
md give no one reason for its Will.
While this is Il comparatively new
subject to our people we cannot claim
10 be pioneers in the matter. Oregon,
Minnesota, Alabamag Wisconsin and
other States have enacted laws upon
his subject. And the Dominion Of
canada is probably regulating the use
Of the water power OF that country
,etter and more scientifically than ne
IAN hope TO do for several years to
jcme. Under the laws Of at least
;ome Of the provinces OF the Domin-
OH every applicant for license to
AXE and use water for power pur.
poses must first file a statement with
the Minister of the Interior setting
forth (a) the name, address and occu-
patton of the applicant; (bl the finan'
cial standing OF the applicant SO far
8 it relates 10 the ability to carry out
the proposed works; (c) tie character
Sf the proposed works; (dl the name
of the river or other source from
which water is proposed to be taken
r. diverted; tel the point OF diver
Son; ~ the height OF the fall OF such
river at high, medium and low stages,
with corresponding discharges Of
water per second, reckoDcd apprixi.
mately in cubic feet; (gl Il reasonably
accurate description and the area OF
he lands required In connection with
the proposed works, etc; (h) the
minimum and maximum amount OF
water power the applicant proposes 10
develop, and the maximum amount Of
water which he desires for such pur-
poses; (i) sketch plan showing APP
proximate locations OF the proposed
works; ID elevation Of head water
and tail water OF the nearest existing
works, II any. below and above the
proposed works; (k) particulars as to
any water to be taken, diverted on
stored 10 the detriment OF the opera
lions OF existing works. II any.
have given you few OF the regu'
latIons showing the mode OF granting
water power rights in Canada and il
any of You desire further information
With respect to the law Of that coun'
try shall be glad to furnish you a
copy Of the regulations which have
in my possession; but am glad to
say that you do not havo TO leave the
United States 10 see an object lesson
in the possibilities OF water power
Sometime ago received a letter from
a distinguished conservaticniSt who
had prior to tIat time Travelled eXten.
sIvely in the New England States. ana
in describing conditions in those
States and con pairing them With West
Virginia. among other things he said:
~ followed tho Connecticut river
entirely across the State OF MASH.
nhmsnttr l, 10 ahnnt inn sim o. the