The Ronan pioneer. [volume] (Ronan, Mont.) 1910-1970, 1913-08-08
ACKNOWLEDGEMENTS
RIGHTS TO WATER
SETTLED BY
Highest Tribunal Gives Con.
gress Absolute Control Over
NavigabIe Streams.
.uAT the running water in a
great navigable stream Is ca.


great navigable stream Is ca.
pable of private ownership Is
inconceivable.' This sentence
IL perhaps the backbone of mcmen-
tous decision of the supreme court Of
the United States. so farreaching in its
effects upon the subject Of water pow
err in this country and 50 encouraging
to the movement for the conservation
of the public control over water pow
er generated or capable OF being gen.
Grated in streams declared under the
authority OF congress to be navigable
that it is surprising that the decision
has attracted so little public atten-
ton
Conservationists hold the decision
to have destroyed the arguments urg.
ed by the "anti federalists" during the
long controversy over the Connecticut
and Coosa river dam bills in the last
congress and to have established prin-
ciples applicable to the Hudson river
dam at Troy. and all similar situa-
tons. actual or potential, in navigable
streams throughout the country Not
only does 1t apply to streams already
recognized as navigable. but to those
which river and harbor legisln ton in
future may make actually or nominal
ly navigable. 1t has a further general
application to water storage and food
control projects of the government.
The essential point settled by the
case is that ownership Of land on the
banks of the river involves no vested
right In the flow OF the river. no right
to place In II works calculated to make
use of the flow and no valid basis for
II claim to IAN element OF value which
did not inhere In the parcels of land"
No claim can be made II such works
are destroyed or rendered useless, and
water power or other enhancement of
value created by government constrmc-
ton of dams or other works does not
belong necessarily to the riparian own
ers.
Salient Points Of the Decision.
decision are:
so unfettered is the control OF con-
gress over the naviguble streams OF
the country that it's Judgment as to
whether n construction In or over such
river is or Is not an obstacle and a
hindrnnce to navigation Is conclusive
THE flow Of the stream Is in no
sense private property, and there Is no
room for judicial review OF the judg-
ment OF congress that the flow Of the
/ river Is not In excess Of any possible
need OF navigation or for n determine
tiol that, " In excess, the riparian
owners had any private property right
IN such excess which must be paid for
II they have been excluded from the
use Of the same"
Ownership OF private stream
wholly upon the lands OF an individual
Is conceivable, but that the running
water In great navigable stream Is
capable of private ownership IL incOi,-
ceivable."
"The court below erred in awarding
any sum for The value OF what IS called
raw watcr'-thnt Is. the present mon
ey value Of the rapids and falls to the
Chandler-Dunbar company as riparian
owners Of the shore and nppurtena
submerged land"
"Neiiher can consideration be given
| to probable advancement in the value
Of such riparian property by reuson of
the works to he constructed in the riv.
err by the government or the use to
which the flow Of the stream might be
directed by the government"
THE value should be fixed as Of the
date OF the proceedings and with refer
ence to the loss the owner sustains,
considering the property In its condl-
ton and situation Mt the time 1t Is TAX
ell and not rs enhanced by the pur-
pose for which 1t Is taken"
Power Of Congress Absolute.
In general substance the court holds
that the power of congress over navi-
gable streams Is absolute: that in all
subsidiary respects the power OF the
state. while nndened. Is secondary to
the power OF congress: that the exist
ing power OF congress and the fact
that permits from the secretary OF war
are prerequisite to the construction
of any work on Il nnvigable river quail
!fy the title of those awaiting them
selves of permission to use such water