Evening star., 1926-03-21
FEDERAL PLAN TO USE POTOMAC
FOR POWER REVIVES OLD TANCLE
Rights of Canal and Electric Companies to All Water
at Great and Little Falls, Long Disputed
Question, May Be Settled Soon.

A little bit of land on the edge of
the Maryland shore of the Potomac
River, near Little Falls, Is expected
to be the means Of settling forever the
widely asserted claims as to who
owns the water.power rights of the
Potomac River above Washington, a
problem that has been In the courts
for many years and which will come
up again in conjunction with the
Rock Creek and Potomac Park land
suits.
This little bit of land. which may
start all the trouble again, is about
one-half acre which the Government
wants on which to erect a hydro
electric plant for furnishing electric
power at one-quarter of cent per
kilowatt hour for the machinery OF
the filtration plant now being erected
at the District line in connection with
the city's new water conduit. There
Is no difficulty about the Government
taking water for municipal purposes
at Great Falls. but when 1t started
the idea of taking it for water power
then the Chesapeake and Ohio Canai
Co. stepped In and claimed its do
minion over the water power in the
upper Potomac. 1t was pointed out.
Agreement Held Up.
The canal company was willing to
agree to let the United States engf-
neers use this land. and, in fact, the
agreement has been made by MAJ
James A. O'Connor, in charge of the
Washington engineer district, but be
fore it was completed in all its legal
phases Department of Justice attor-
neys stepped in and stopped it. This
was because in the agreement. it was
said. the canal company reserved lts
claims to the waterpower rights of
the Potomac. Such a concession on
the part Of the Government, II was
stated, might rebound seriously on
the Government In its suits shortly
TO be tried in the land contests on
the canal and lower Rock Creek in
connection with the Rock Creek and
Potomac Parkway project.
These suits. after lying dormant IN
the local courts for IL years, are TO
be sent to trial, and will be argued
within a few weeks.
Condemnation Considered.
With the first agreement practically
nullified by the action of the Depart
ment of Justice, 1t then was proposed
to have the Government go IN ana
condemn the land, taking IL by right
of eminent domain. This is the ques-
ton now being considered by the De
partment of Justice attorneys. VINO,
together with the local engineer office,
also are wrestling with the PROPOSE
ton as to whether any further agree
ment may he made which would give
the Government what it wants and at
the same time not compromise the
ownership of the water power rights.
BY putting in the hydro-electric
power plant, the Government VIII be
to Maj. James A. OConnor, who has
charge of the construction of the new
aaueduct The water consumption
here is about IS 900 900 gallons a day.
while the capacity of the two aque-
ducts will he considerably greater
than that AS the city is not going
to be able to use all the water produc-
ed by the two systems until the
population of the National Capital
reaches 900 900. Maj. O'Connor said,
there will be considerable surplus. At
the Dalecarlia reservoir A head of
1870 feet can be obtained. and it is
proposed to turn this into electric
power with which to run the big
second and third high distributing
reservoirs. The cost of pumping the
water by Diesel engine, or buying it
from the Potomac Electric Power Co,
or by putting in a steam plant. would
run about S1I5.00D q year. while the
cost of this hydro-electric plant, allow
ing for depreciation or for renewal in
about 20 years, will be about $4,000
a year. The original cost of the in
stallation will be 100000.
Two Companies Claim Power.
Maj. O'Connor pointed out to Con.
gress that the Potomac Electric Power
Co. owns what it calls the Great Falls
Development Co, which has series
of charters that run back to 1923
The power company owns the land
and claims all the power in the Poto-
mac River at Great Falls. In addition
to that he said, the Chesapeake and
Ohio Canal Co, with a charter going
back to 1888 claims the rights to some
of that power, and it is the latter
rights to which the Government is
running counter now.
At the time the District appropria-
tion bill now pending in Congress was
before the subcommittee on District
appropriations. some inquiry was
made into the rights of the company,
and Mai. OC0nnor pointed out that
there was no Federal legislation which
had given these rights. However. he
filed with the committee an exhaus-
tive report of the power situation pre-
nared by C.. Edward Wright. an as
sistant attorney in the Department OF
the Interior February |, 1909. AT that
time Mr.. Wright said in his report:
"One thing. however, is certain: Ine
Government cannot afford to delay the
purchase of full water rights at Great
Falls" He added:
Forfeiture Suggested.
"The exigency demands the quickest
action. 1t may be that the Legislature
of Maryland, upon proper presenta-
ton of the practical non:use OF its
franchise. would revoke the charter
of the Great Falls Power Co.; it may
he that there has been such non-use
that n court. upon quo warranto pro
ceedings instituted by the attorney
general of Maryland. would declare
the forfeiture of it's franchise; II may
he that the same result might be ac-
complished upon scire faclas proceed,
ings at the instance OF the federal
Covernment: in any event, merely the
Intangible rights of the company
would be affected. .,, :.
"rhe Government would stu pe
Obliged to take the land to which the
essential riparian rights are attacheu
IT will be merely dealing with the
company or it's receiver in the f1nal
winding up of it's affairs. Whethef
these intangible corporate privileges
will be an important factor in deter
mining the price to be paid for, such
rights as the United States require
is problematical. AS commercial
proposition, it is doubtful If the fran