The New York herald., 1921-03-12
MILLER PRESENTS
WATER POWER PLAN
In Message to Legislature He
Proposes Practical Use of
Streams i'm State.
Special Despatch to THg New YORK HERALD.
New York Herald Bureau,
Albany, March IL.


A definite plan for development OF the
States water powers was presented 10
the Legislature to-day by Gov. Miller.
After twenty years OF investigating and
squabblng between conflicting interests
and the advocates OF diverse water
power theories. the Governor intends 10
force immediate action to give cheaper
light, heat and power to the people of
New York State
Some delay may be experienced in fur
ther development on the Niagara and
st. Lawrence rivers and other boundary
streams because of the necessity OF in
ternational agreements, but the Gov
ernor declared that the State should not
suffer million potential horse power
on Interior streams to go to waste In
the meantime. He said that a million
horse power means ten million tons of
coal, to say nothing of the other direct
and indirect benefits from the use of
hydroelectric power. With coal at $t4 a
ton the saving of ten million tons Is an
item TO be conjured with by the people
OF New York State.
The Governors water power plan Is
much the same in theory as that pro-
. vided IN his transit bil--public owner
SHIP. but private operation. The State
now owns or controls all OF the water
power resources within it's borders. The
| Governor seeks to encourage private en-
terprise to develop these powers.
If the public interest can adequately
be safeguarded." he said. there is no
doubt but that private development viii
be more efficient and therefore best for
the consumer In the long run
The Governor. however, said that in
case capital Is unwilling to enter the
field. lit will not be necessary to close
the door upon a State development"
Companies developing and selling
water power are to be licensed and SUBJ
jected To the jurisdiction OF tho Public
Service Commission to regulate capital
issues. rates and service. The message
said Ihat all diversion and use OF State
waters without license under the pro-
posed act would be prohibited, except
such as are now actually and lawfully
made. In the latter category the Gov
ernor h'cluded the Niagara Fails
Power Company. which In 1918 was au-
thorized to take full diversion at Nj
assara, but he said that even such
Companies would be under State regu-
lation.
Gov Miller recommended a state IL
censing act along the lines OF the Fed
oral water power act. and said that III
order TO assure maximum development
discretion should be conferred on the
Water Power Commission, so that IL
censas may only be granted for projects
which provide for the maximum de-
velopmcnt Of a given stream, water
shed or territory. The Governor Would
clarity the condemnation law 80 as bet
ter to protect corporations which take
out water power licenses. He would
give such licensees the power 10 eXer-
else the right OF eminent domain.
THE condemnation law applied 10
water powers is now very Inadequate"
he said. and the one little FELLOW with
little strip or land absolutely neces-
sary. bur not worth much, can hold up
whole development, and the point IS
to make IL possible TO have the power
Of eminent domain fully exercised.
Gov Miller takes issue with the Fed
eral Water Power act, which he terms
an infringement upon the sovereign
power OF the State. He objects to the
provision by which the Government takes
over control of the power as well as the
| navigation OF streams, and under which
1t could operate any project or or atter
the expiration OF a fifty years license.
cit could thus take over a project OF
even the State itself" the Governor said.
at appears to me to be the duty Of the
Attorney General to resist this act and
| am advised that steps will be taken as
promptly as possible to secure the final
adjudication of the question by the
United States Supreme Court. II is
unnecessary. however, for the State to
delay the adoption of policy pending
such decision, for however the conflict
OF authority between the State and Fed
eral Government may he solved. II Will
be necessary for the State to adopt
policy which. as far as ! can see, VIII
not be affected by such decision