The Birmingham age-herald., 1924-09-02
A STATE WATER.pOWER POLICY

uum6n Delng.
 A STATE WATER-POwER POLICY
 It is believed that the legislature of Alabama in its sessions during 1923 was gravely delinquent to its public duty when it failed to enact statute outlin- ing water-power policy for this state. That such statute was contemplated is evidenced by the formal statement of the Public Service Commission in connection with its order in 1923 authorizing plans of the Alabama Power Company relative to hydro-electric developments on the Tallapoosa river. In that document the commission stated:
 The commission has been advised
 by the governor and by members of
 the state senate and house of repre-
 sentatives that the legislature when
 it convenes next month, will have
 before it for its consideration and
 disposition, the question of fixing
 for the state definite, comprehen-
 sive water-power policy.
 What became of that measure and that intention doubtless the governor and cer- tain members of house and senate. can tell. Certainly it was carefully sub merged and failed to see the light of public debate in either body. This mys- terious fate of this important matter is something on which the governor has maintained a discreet silence, discreet, hnoouca fiay xxro,11l ho barrassing. No reason of public nature or in conformity with the public welfare could be given. The reason is either political, or, worse, illustrative of the sinister influence in our state govern ment of favored interests seeking and obtaining special privilege in defiance of the public welfare. That, however, is his- tory. Brandon failed in this particular as he has failed in so many other impor- tant particulars during his brief frenzy of office.
 Now is no time to lament what might have been, but to do what yet may be done in part to rescue the situation. That sensible course the commission of Alabama charged with the responsibility is faithfully seeking to follow. In the first place, the commission bases it's policy upon the section of the law defending it's authority which, in regard to certificates of convenience and necessity authorizing hydro-electric development, says: "The commission may, or may not, in it's dis cretion, issue such certificate of con- venience and necessity, and if issued, may prescribe such conditions upon the issuance as it may deem advisable" !" That is in itself wide range of author ity, and well protects the commission in it's purpose.
 In seeking landmarks for it's guidance the commission very naturally falls back upon the broad outlines of the federal Wafer-power act, for of course the state can make no stipulations in contraven- tion ot that act. The state may, how ever, make stipulations in conformity with and supplementary to that act, par ticularly with respect to the factors Sl which the state has unchallenged juris- diction. The federal grants are for pe- riods not to exceed fifty years. Accord ingly, the state commission puts similar limitation upon it's certificates. Thus, at the end of fifty years, the right reverts to the state of taking over at fair price and operating these plants or otherwise disposing of them to better public advan- tage. All other rights reserved under the federal water-power act with respect to factors within it's jurisdiction, the state commission also reserves with respect to factors within state Jurisdiction. With that policy of the commission certainly no one can honestly take exception.
 It is suggested, however, that the state commission may we'll go step further. General surveys of water power poten- tialities in Alabama show that each river is capable of greater power capacity by means of higher dams, impounding of waters and other means than is at pres ent utilized or contemplated. The recent permission given for a development on the Tallapoosa greater than was at first asked for is proof of this. The commis- sion may we'll demand that any construc- tion authorized shall not be prohibitive or obstructive of later complete utilization of the full potentiality of the stream con- cerned. This stipulation may we'll be added to the federal requirements, for it is not in conflict with them. Thus the people will be assured that the highest possible amount of hydro-electric energy will eventually be available from all streams developed or under development or capable of development. The commits sion would also keep an eye open to the navigable possibilities of the streams, which, while really a federal function,