Proceedings of the second National Conservation Congress at Saint Paul, September 5-8, 1910

by United States. National Conservation Congress

REPORT FROM MAINE

Cyrus C. Babb
District Engineer Maine State Water-Storage Commission

The two principal resources of the State of Maine are its forests and its water-powers. Of its total area of 30,000 square miles, 21,000 square miles, or 70 percent are in forest lands. Over 1500 lakes and ponds are located in the State, covering 2200 square miles of water surface, and not including the innumerable little ponds of an acre or two in area that are located in all directions. There are in the State one lake to each 20 square miles of territory, and one square mile of lake surface to each 14.3 square miles of territorial area.

Although the State ranks 35 in area, and 30 in population, it ranks third in the Union in water-power development, having, according to the U. S. Census, a total of over 343,000 horsepower in use. It is surpassed only by New York and California in total horsepower.

The State has always conserved its water-power. The Supreme Judicial Court of the State has held as follows:

It is a rule of law peculiar to this State and Massachusetts under the Colonial Ordinance of 1641-7 that all great ponds—that is ponds containing more than 10 acres—are owned by the State.

While private property cannot be taken for public use without compensation, the waters of great ponds and lakes are not private property.

Under the ordinance, the State owns the ponds as public property held in trust for public uses. It has not only the jus privatum, the ownership of the soil, but also the jus publicum, and the right to control and regulate the public uses to which the ponds shall be applied.

The authority of the State to control waters of great ponds and determine the uses to which they may be applied is a governmental power, and the governmental powers of the State are never lost by mere non-use.

Early Investigation

Maine has always been in the forefront in the investigation and conservation of its resources. Thirty years before the National Government authorized its first geological investigations, and over forty years before the Federal Geological Survey was established, the State of Maine had made such a survey. By Act of the State Legislature, March 28, 1836, a geological survey of the State was authorized under the direction of Dr Charles T. Jackson, State Geologist. The investigation was continued for three years. The results of this geological survey, considering the difficulties of transportation at that time and the non-existence of accurate maps, are interesting.

A detail survey and report on the natural history and geology of the State was made in 1861 and 1862 by Ezekiel Holmes, Naturalist, and C. H. Hitchcock, Geologist. Reports were made on the zoology and botany of the State, but the most interesting and detailed reports treated of the geological resources.

A hydrographic survey of the State was authorized by the Legislature as early as 1867. The resulting report of Mr Walter Wells is considered as authority even to the present day.

Present Organizations

At the present time there are two organizations in this State working along geological, topographic, and hydrographic lines. They are known as the Maine State Survey Commission, and the Maine State Water-Storage Commission. The first organization was authorized by Act of the State Legislature March 16, 1899. Its powers were subsequently amended and enlarged by an Act approved March 23, 1905. It is authorized to cooperate with the U. S. Geological Survey, and its work includes the topographic and geological surveys of the State.

The creation of the State Water-Storage Commission was authorized by Act of the Legislature April 2, 1909. His Excellency, Governor Fernald, at the Conference of Governors in May, 1908, was so impressed with the importance of the objects and recommendations there brought forth that, at the next meeting of the State Legislature, he advocated and finally approved the Act creating said Commission. This Commission is directed to collect information relating to the water-powers of the State, the flow of rivers and their drainage area, the location, nature, and size of the lakes and ponds in the State, and their respective value and capacity as storage reservoirs, with a view to conserving and increasing the capacity of the water-powers of the State. The Act further provides that every person, firm, or corporation before commencing the erection of a dam for the purpose of developing any water-power in the State, or the creation or improvement of a storage reservoir, shall file with the Commission certain prescribed engineering plans.

The first report of the Commission to the Legislature is asked to show, in so far as time will allow, a comprehensive and practical plan for the creation of such water-storage reservoirs as will tend to develop and conserve the water-powers of the State, and to report the necessary steps that should be taken by the State to further conserve and increase them. The Commission is further requested to ascertain what lands can be purchased by the State and the cost thereof, with information as to their value as forest reserves or for conserving the water-powers of the State, or for reforestation; and further to investigate the question of denuded, burnt-over, or barren lands in the State, and their extent and value, with a view to their purchase by the State for reforestation.

By an agreement dated December 1, 1909, between the Director of the U. S. Geological Survey, the Chairman of the State Survey Commission and the Chairman of the State Water-Storage Commission, the work of the three organizations in the State is brought under one direction. This agreement provides for a cooperative survey of the natural resources of the State; that said survey shall include the continuation of topographic mapping, a determination of the amount and availability of water resources, their present development and the best methods of their future utilization; also the further determination of geologic resources. The executive officer, under the terms of this agreement, is a duly appointed employee of the U. S. Geological Survey, with the title of District Engineer.

State Highway Department

This department was authorized by legislative Act of 1907. The appropriation for the work is based on a tax of ¹/₃ mill on the State valuation. Provision is made in the law whereby the State will aid financially, on a sliding scale, the various towns if they raise money for highway construction purposes. On the average it may be said that for every dollar appropriated by a town, the State will pay an additional dollar. The law further provides for a limitation of the amount that the towns may raise for this purpose, based on the valuation of said town. The sliding scale of appropriation by the State is as follows: to towns having a valuation of $200,000 or less, the State will pay two dollars for each dollar appropriated by said towns; to each town having a valuation of over $200,000 and less than $1,000,000, one dollar for each dollar appropriated by said town; to towns having a valuation of over $1,000,000 and less than $1,200,000, ninety-two cents; to towns having a valuation of over $1,200,000 and not exceeding $1,400,000, eighty-five cents; to towns having a valuation of over $1,400,000 and not exceeding $1,600,000, eighty cents; to towns having a valuation of $1,600,000 and over, seventy-five cents for each dollar appropriated by the town; and to unincorporated townships, one dollar for each dollar appropriated.

State Forestry Department

This department was created by legislative Act of 1891 through the appointment of the State Land Agent as Forest Commissioner. This Commissioner is directed to institute an inquiry and to report as to the extent to which the forests of the State are being destroyed by fires and by wasteful cuttings, and the effect of such action on the watersheds of the lakes and rivers and on the water-powers of the State. His principal duties, however, are the supervision and control of measures for the prevention and extinguishment of forest fires in all plantations and unorganized townships in the State. An efficient fire-fighting organization is now in operation in the State under this department, and during recent years valuable tracts of timber have been saved that would otherwise have been destroyed.

Other Organizations

There are other departments and organizations that are doing very valuable work in the preservation of the natural resources of the State of Maine. Many pages could be written on their results but at present a number of them will only be mentioned by name. Included in this list are the Departments of Inland Fisheries and Game, Department of Agriculture, Bureau of Industrial and Labor Statistics, State Board of Health, and Department of Harbor and Tidal Waters.