The Birmingham age-herald., 1923-08-06
uEMRER OF ASsOCIATED PRESS
POWER LEGISLATION NEEDED

The subject of appropriate leglsla- tfcn to protect the public interest in thd process of development of water powser in this state is of unacceptable impbrtance. In the first place, there is required careful study of the ex- isting legislation with view to dis covering it's weaknesses and the points wherein it is lacking. It is eminently desirable that new legislation be in- augurated during the present session, for it was on such inferential under standing that certificates were re- fused for two water power applica- tions during the legislative recess.
 One of the first points to be in- uuired into is the effect of the cer- tificates of convenience and necessity upon the states title to the river beds and to the resource represented by the volume and fall of the waters therein. The federal government places defi- nite time limit upon it's water power grants. It appears that the state may wisely adopt a similar policy with re- spect to that portion of the rights vested in the state. The time is rap idly approaching when the best grade of coal will be exhausted in this coun- try and in this state. Water power will grow in relative importance until finally it shall overshadow the coal as a source of power. Water power IS a permanent resource the ultimate tl- tie to which the state should most carefully guard. There is need of abundant legislative vision so to ad- just the situation as to insure the public interest while leaving to private enterprise the freest possible exercise consistent with the public welfare.
 There is further required the con- sideration of some measure of control that will assure to the industries of Alabama, as far as consonant with the federal statutes, the first claim upon power derived from Alabama's streams. There is no wish, as has been previously explained, to inter- fere with the free and unlimited ex- port of surplus current. All current is to be regarded as surplus for which there is no demand in Alabama. The surplus would be the amount of cur rent produced in excess of the con comitant requirements of Alabama's industries. Until now there has been no occasion when such statutes would have had to be invoked, but the use of the hydro-electric current produced in this state is growing by leaps and bounds, and the time may soon come when the foreign demand will com pete with the Alabama demand. That is the contingency for which this state should prepare itself now.
 Under the present laws it appears that the Public Service Commission has almost unstrained discretion with respect to the granting of water power concessions. If there is any policy, it is a policy that will vary with the personnel of successive commissions. The present commission has exercised commendable discretion and h a s sought to obey the public will as far as it could be ascertained. But that does not relieve the legislature from any of its responsibility with respect to better safeguarding of the states title to the essentials of the water power resources. The people of Ala bama look to the legislature to exer- else it's utmost wisdom in dealing with this vital question which may at any time reach critical stage. The time to protect the public interest is now.
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