The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-02-17
THE wATERPowER STRUGGLE.

| Senator Thomas Of Colorado distin-
guishes his presence early in the Sen
ate by wcll-directed attack upon the
present system of conservation winch
is doing so much TO paralyzo the West
and drive American settlers over the
border into Canada. The particular
matter that be debated was the prop
osition to give over TO Federal control
the Connecticut river above its navi'
gable waters in the matter of the con-
struction of power-dam. The bill
which was debated proposed to give
Federal revenue from the utility
created by the proposed dam, although
the Federal government has no claim
whatever to waters that are non navi-
gable,
Senator Thomas fairly presented the
law of the case, and the effect that
the passage of such law as that, IN
forming precedent, would have II
retarding the development Of all these
Western States. So far from the prop
ositiop being blow at monopoly, it
is. as Senator Thomas fairly shows. d
direct aid to monopoly, strengthening
the monopolistic control wherever 1T
already has possession, and preventing
the opening of any other water power
systems to compete with those already
obtained. Mr.. Thomas very fairly said
that the water powers in all this West
ern region have become non-usable, be-
cause capital would not develop them
'fwhen the government retains the right
TO change its conditions and require
mcnts whenever department officials
consider it wise This latter clause
meaning. Of course, whenever they de-
sire to make the change.
The leading objection against all this
assumption of Federal control Of water
powers is that it changes the whole
theory Of water control which has pre-
vailed in this country from the first
There has never been any question
raised against the right OF the States
to control the non.nayigable waters
within their boundaries, The naviga-
bic waters, of course, are under the
control of the United States. Not so
the non-navigable waters.
In pursuance Of this general state
of the law, and according TO precedent,
all of the States In this interior re-
gion have passed laws providing for the
requirement of water rights, and this
entirely independent Of any assumption
Of Federal officials with respect TO the
| control of such waters, As matter
of fact, the idea of Federal control
cannot lawfully be carried out in any
case save only where the title to the
public domain still rests IN the United
States; and the assumption OF control
over the water rights rests not upon
any lawful control Of the water, but
upon the control of the land, which
control would drive off any Htrespass-
err who might wish to use the land.
That is. the assumed control over water
powers by the Federal officials rests
simply upon the control OF the laud
and the ability of the bureau officials
TO drive people off the land as tres
passers.
|
control Of the waters of this State
by the successive Legislatures Of Utah.
There is now pending before the Leg
islature in session a bill proposing a
thorough reorganization o. the laws
Of this State relating to the acquire
ment of water rights and the admins
tering of the States sovereignty with
respect to such rights. This bill is
based practically upon the Wyoming {
law, which has also been adopted in
Oregon. and State Engineer Tanner is
emphatic in the assertion that that
law works we'll wherever it has beer
adopted.
The water legislation Of this State
has not lacked anything in the asser.
tion Of the complete jurisdiction OF
the State over the distribution Of water
and the legal requirement OF water
rights; but il has been weak IN
It's administrative clauses, and the
State Engineer has asked Tor the
amendment of the law accordingly
We think that his voice should he list
cncd 20 by our Legislature, and the bill
Z should ne passed that he recommends
for his advice is practical, straight
forward aud emphatic. We could wish
i that there might be inserted in the pro
posed legislation some clause or pro
vision that would directly raise thJ
question As between the State contro
Of water rights and the assumption oil
water-right control by the officials ci
Federal bureaus. That would bring The
question TO n direct issue. and VIC have
. 20 doubt whatever but that the au
ihoritv of the state would be complete
~ affirmed by the decisions OF th.
Federal courts.
.
Springfield (Mass) Republican
"Tbc primary obstacle to the success
Of cooperative efforts in America from
. the time of the Owcnites down 10 IN