The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-04-14
STATES RIGHT TO IT'S STREAMS.

We have urged heretofore that the
State OF Utah should take advanced
and positive ground with regard 10
tho control of the waters within its
boundaries. We have in this State no
navigable streams in the usual sense,
none that are navigated, and there is
no legally defensible claim on the part
OF the Federal Government to take
charge of or control in any way the
streams Of this State. So fully was
the State government here convinced
that it had complete control over the
streams of this State that it passed a
law definitely assuming that control,
and designating how claimants of wa
ter for beneficial use could obtain
rights to appropriate that water. But
this State has hesitated TO raise a d.
rect issue with the United States gov
ernment in the claim Of Federal bu-
reau officials that they would control
water powers in this as in other States,
and refuse to allow any appropriation
of water for power purposes on the pub
lie domain. The claim of the bureau
officials in this does not in any way
rest upon a claim to control the water,
but only upon the riparian right Of
ownership of the land through which
the water flows. That this is an un-
substantial and illegal basis upon
which to found claim of control over
the water, we fully believe. and have
urged the Utah Legislature TO make a
direct issue upon the point, being con-
vinced that the Supreme Court of the
United States would hold with the
State on this question. But the Legis-
lature declined to force the issue.
Not SO, however, the Legislature Of
Arkansas, That body has thrown down
the gage, positively and boldly, TO the
United States authorities The peo-
pie in Arkansas, like people in other
trusiou Of the Federal authority in at
tempted control Of non-navigable
streams, and they resent the dog-in-the-
manger policy whereby the Government
refuses either to improve the water
sites for itself or to allow of their i'm
provement by others. And so the
Legislature of Arkansas has passed a
Joint resolution asserting the complete
control of the streams within its bound
aries for all purposes, navigation ex-
ceptcd The text Of the resolution is
as follows:
That the right and title to the bed.
water water power. and all rights and
1rl . Fil1.-r hat 1f 4
longing TO or appurtenant to navigabIe
rivers in this State Is inherent in and
the property OF tho State of Arkansas.
and the State hereby reserves to itself
every respect. the right OF navigation eX-
cepted. That engrossed copies OF this
resolution be sent TO each of our Sena-
tors and Representatives in Washington.
and they are hereby requested 10 support
this right OF the State to all reasonable
ends, in any matter involving such oues-
ton that may arise In Congress.
We have not the slightest doubt but
that the Supreme Court of the United
States will affirm the position thus
taken by the State of Arkansas. The
Senate OF the United States took pre-.
cisely the same position in the matter
OF the Connecticut river dam, upon
which a standup fight was made by the |
for the usurpation by
Federal officialdom Of control over
the Connecticut river, which by no
means is backed by either precedent |
Or law, We believe that the State Of
Arkansas will fight the battle for all |
Of the States on this question and will
win.