The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1915-06-10
CONTROL N
STATES OF THE WEST
CONGRESS HAS RIGHT TO REeU-
LATE NON NAvieABLE
STREAM.

iSsHtiy feHuSFeu an opinion HDldlnB,
in effect that the federal government
has Jurisdiction over non -navigable
as well as nayigable streams with
iin the United States, that opin-
ion will be accepted by the ad-
ADMINISTRATION as binding, unless it shall
utter be overturned by the courts This
Iopinion, while rendered with respect
TO tributaries of the Rio Grande river
in Texas, Is couched in general terms
land confers upon the federal govern
ment, through congress, the right to
regulate the use of waters in non-nav-
Iigable streams when those streams
enter into larger streams that are
navigabe
Change Water Power Bills.
This Interpretation Of the law be-
ing accepted by the administration 1t
| is likely that the administrations
water power bills, to be presented to
congress next session, may be some
what modified to meet this view and
Il Is possible that instead Of two bills
the administration may support sin
gle measure on the assumption that 1t
has jurisdiction over every navigable
Istream and every tributary of navig
liable stream or lake, which includes
practically all the waterways within
the United States.
Caused BY Rio Grande.
The attorney generals opinion was
brought ont by the Rio Grande con-
troversy, the Rio Grande forming the
boundary between Texas and Mexico.
The commission undertaking to fix
this boundary found that the Rio
Grande at different seasons of the |
year follows different channels, the
in flow being regulated
largely by the use Of the waters OF i,
tributary streams for irrigation pur-
poses. This caused much embarrass-
ment to the commission and the at
torney general was directed by con- /
gress to advise the commission. In
his opinion he held:
Takes Wide Scope.
1.-THE power to prohibit interference
by state with the navigable capacity !,
If a navigable stream must be cock
tensive with the necessity. II, to Sc
cure the navigability of such a
stream, 1t is requisite to assume con-
troll of non -navigable tributaries, con-
gress must be deemed to have such y
power and the extent of control nee {
4ssary to preserve such navigability
les in the judgement of congress. :
I'm of the opinion that congress has I
,enary power to authorize an inves-
igation of non navigable streams
within a state whenever in the judg- :
nent of congress such action is nee a
,ssary for the preservation of the
lavigabilty of it's waterways or for
he maintenance with certainty anC y
Without fuctuation Of the interna-
ional boundary lines of the United
states"
Protest Raised.
Already the opinion Of the attorney
eneral has raised a protest from ad- !! ~
pcates of states rights and the COR n,
,oversy is certain to be carried to Ia
ongress in connection with the water &c
over bills to be brought up next VI
ession. Under this opinion the fed IN
al government could not only regu- of
to power development on navigabe Ia
reams, but would have jurisdiction "a
yer power sites upon the public do
ain and in addition, what 1t has n,
1t claimed heretofore, the jurisdtc- OF
IN over the water in the non -naNiga- ~,
e streams of the west. One great wi
lection to the Ferris water power pa
l in the last congress was that 1t on Sa.
ught to give the government con- If
u of the water in non -navigable ses
cams. through ownership of lands co.
be used in power sites. The attor- Ss'i
Y general holds that such subter- Sc
ye is not necessary and that the
eral government actually has fun
.hority over the waters of such
cams and therefore undisputed
hit to regulate power development, To
vided the streams are tributaries W.
navigable rivers or lakes. 90
Small Coast Streams Excepted. est
he only stream not affected by sit
opinion of the attorney general 20.
nd be small streams along the for
st which are not navigable at any lac
Mt and which flow directly into the sig
an or into tidewater bays. WI
very tributary of the Columbia ed
n and Of the Willamette, no mat min
how small, Is brought under fed uen
.s,u aoo,s,on. tho red
cohtrol ny tiiis clai
their headwaters, are brought un- 1911
the federal government, anc
ctically every stream in the north
i valuable in any way for power Sep
elopment Is taken from under
e control and placed under the
eral government. The far-reach-
effect Of the opinion viii not oe N
lied until the principles laic lar
n are applied in each locality. ers
| ize
hen fool hen takes a notion to iah
she doesn't care rap whetbe, com
e are any eggs in the nest or not. az :