The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1913-06-23
RIGHTS TO WATER
SETTLED BY
Highest Tribunal Gives Con-
greSs Absolute Control Over
NavigabIe Streams.
"Ir<HAT the running water in a

paDle OF private ownership Is #
inconceivable." This sentence
is perhaps the backbone of a momen- 4
tous decision of the supreme court Of /
the United States, so farreaching in its T
effects upon the subject of water pow /
er in this country and so 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 it apply to streams already
recognized as naviCable, but to those
which river and harbor legislation in
future may make actually or nominal
Is navig9bIe. Tt has q 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 e tie river involves no vested
right in the flow Of the river. no right
to place in it works calculated to make
use of the flow and no valid basis for
a claim to ''an element Of value which
did not inhere in the parcels Of land"
No claim can be made if such works
are destroyed or rendered useless, and
water power or other enhancement of
value created by government construc-
ton of dams or other works does not
belong necessarily to the riparian own
ers.
Salient Points Of the Decision.
Some of the salient points of the
decision are:
$50 unfettered is the control Of con
gress over the navigable streams OF
the country that its Judgment as to
whether a construction in or over such
river is or is not an obstacle and n
hindrance 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 determine
ton that, if in excess, the riparian
owners had any private property right
in such excess which must be paid for
if they have been excluded from the
use of the same"
Ownership of a private stream
wholly upon the lands of an individual
is conceivable, but that the running
water in a great navigable stream is
capable of private ownership is incon-
ceivable.'
The court below erred in awarding
9 any sum for the value of what is called
raw water'-that is, the present mon
ey value Of the rapids and falls to tht
Chandler-Dunbar company as riparian
owners of the shore and appurtenant
submerged land"
Neither can consideration be giver
to probable advancement in the valu,
of such riparian property by reason O
the works to be constructed in the riv
er by the government or the use t,
which the flow of the stream might b,
directed by the government"
THE value should be fixed rs of tn
date Of the proceedings and with refer
: ence to the loss the owner sustains
considering the property in its condi
ton and situation at the time it is TAX
en- and not as enhanced by the pUr
pose for which it is taken"