Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-03-08
Editors Letter Box
Federal Control

To the Editor of "Kennebec Journal"
The letter. of which the following
ls a copy, was sent to me from Wash
ington by Congressman Peters, and
as it seems to present a subject of
common interest and large conse-
quence TO the people Of our State,
permission was requested and grant
ed to publish it.
The occasion which brought out
the letter was the introduction Of
bill in the present Legislature of
Maine to authorize the construction
Of a dam five 90 feet high across
one of the small tributaries of the st.
John River wholly within the State.
The dam was not designed for power
purposes, but was to be constructed.
for the purpose of ponding back the
water in order to retard the current
and make safe place for boomage
Without conceding to the general
government, in the first instance. ju-
risdiction over the subject matter by
filing formal application with the Fed
eral Water Power Commission under
the water power act, the unofficial
opinion of the commission was asked
on statement of details similar to
those involved in the contemplated
project and the communication, from
Mr.. Merrill, Executive Secretary of
the Federal Water Power Commission
to Congressman Peters is the answer.
Respectfully.
GEORGE WEEKS.
Federal Power Commission
Washington. February 20, 1921.
Hon. John A. Peters,
House of Representatives,
Washington, D. c.
Dear Mr.. Peters,.
In your letter of February 10,
1921, you request information as to
the Jurisdiction of the Federal Power
Commission over certain small rivers
and streams flowing northward from
Maine into the st. John River, which
runs through the Canadian territory
to the sea. You state that these
streams are navigable for driving
logs and small boats; that in the case
Of some of them pulpwood is carried
, by the stream down to certain
point and taken out before reaching
the st. John River and before reach
ing Canada; that no commerce comes
into them from the sea and no COM
merce goes from them to the sea, un-
less logs which are f1oated down and
taken out in Maine and Canada to
saw up into boards and later shipped
can be called commerce in that sense
You further state that in some cases
it is desired to build low dams, to
pond back the water where it goes
too quickly and facilitate the driving
of the pulpwood and logs; that no
power is developed by these dams;
and that they are rolling dams SIM
ply for the purpose of facilitating the
driving of wood and logs.
The Federal Water Power Act of
| June 10, 1920 al Stat, 1869 defines
navigable waters as those parts of
streams or other bodies Of water over
which Congress has Jurisdiction I'M
der its authority to regulate COM
merce with foreign nations and
among the several states, and which
either in their natural or improved
, condition. notwithstanding Interrupt
tons between the navigable parts of
such streams or waters by falls,
shadows. or rapids compelling land
carriage, are used or suitable for
use for the transportation Of persons
or property in interstate or foreign
commerce, including therein all such
interrupting falls, shadows, or rap
ids" 1t gives the Federal Power
Commission jurisdiction to license
power developments upon, inter ALA,
ANY of the navigable waters of the
United States" and provides, in Sec
ton 20, tbat where any person is in
doubt as to the Jurisdiction of the
Comm 5sion he may file declaration
Of intention with the Commission,
whereupon the Commission shall