Need for Comprehensive Plan and Definite Policy
The importance of a fixed policy establishing State leadership and control in the matters of water Conservation cannot be overestimated. Without it, there is no place for consecutive and correlated action, either executive or legislative. In the past the State has had no policy of power development, either under public ownership or by encouragement and regulation of private or corporate development. Unlike many other States, New York has never, under general laws, granted the right of eminent domain to individuals or corporations for the purpose of flooding lands to create storage ponds and develop water-power. Moreover, it must be conceded that in view of the doubtful constitutionality of the "mill acts" of other States, and particularly in view of the strength of the modern sentiment demanding universal sharing in the benefits of natural resources, this State is not likely in the future indiscriminately to grant its power of eminent domain for this purpose. Unless the State shall define its policy and enter upon the work of carrying it out, this feature of its natural resources must largely remain in its present undeveloped condition, or be subject to the same haphazard and uncontrolled methods of utilization that have governed in the past. If we are to permit private interests to build storage reservoirs for power purposes on any broad and satisfactory plan, it can only be done by amending the Constitution. As adequate reservoirs cannot be generally constructed for power purposes by private enterprise without constitutional amendment, and possibly not then, the better way to accomplish this object is for the State itself to announce its policy and undertake its performance in the interest of all classes and citizens.
Development by the State ensures the fullest possible utilization of the power possibilities of each stream, whereas development by uncontrolled private enterprise often involves waste of resources. Private capital, seeking the greatest possible immediate return on the investment, naturally confines its attention to the most concentrated portion of a given fall. The less precipitous portions of the fall above and below, involving a large unit outlay in development, are consequently apt to be neglected, and in too many cases permanently wasted, because no other enterprise is likely to undertake their development afterward, even if the rights of the company already on the spot would permit this to be done. On the other hand, the State, with its greater power and scope, and with financial resources enabling it to defer the return on its investment, could undertake the construction of the more extensive works necessary to develop the full extent of the fall in the supposed case. Without amplifying the point, it should be clear that the State is the only authority with sufficient power to ensure the complete development of each and every stream so that every foot-pound of energy represented by its falling waters may be given up when necessary to the service of man.
The prime inclusive reason for the exercise of State authority over the control of stream-flow for power development is that under modern social and economic conditions this step is necessary to ensure the equal participation of all citizens in this form of natural wealth, which is peculiarly the heritage of the whole people. Some of the more particular supplemental reasons for State control have been mentioned in the foregoing. It appears that from all points of view the State is the proper authority to undertake and carry out the conservation of its own water resources.
The State Water Supply Commission is engaged in studying the subject of conserving the falling waters in the rivers and streams of the State. In a country where all of the streams both great and small fill their banks in the springtime after heavy rains, and then decrease in volume all through the dry months so that they become in most instances worthless as power streams and of but little value in many other ways, it is clear that storage reservoirs of large capacity, the size depending, of course, on the water-shed in each case, must be built, if wasted water and worthless streams are to be turned into valuable assets. The building of storage reservoirs requires available areas to flood, favorable sites for dams, and scientific knowledge to supervise the construction of such damns and reservoirs. There must be, also, some general head to locate and plan such reservoirs on a broad and comprehensive scale, so as to store the largest possible amount of water in each given case; otherwise opportunities for economic development will be lost and money wasted. The plan should be so feasible and comprehensive as to include every profitable storage possibility, be it either great or small. The plan must permit of doing the work by reservoir units, and at such places as make promise of early and satisfactory return. With such a plan all who are interested in using to the best advantages that which is our own, and saving and conserving for the future that which justly belongs to our children, can work in harmony. Such a plan will enlist the people of every locality in the possibilities of water storage in their own developments, and at the same time not interfere in the least with the developments of a similar character in other parts of the State.
A plan that will enlist such an interest and make possible such a systematic development of a great and wasted natural resource, the Water Supply Commission has been trying to devise. It makes no claim to perfection, but it does claim that it has devised a workable plan for saving and conserving this wasted energy for both public and private use and so as to provide a public revenue. The plan includes the building of storage reservoirs by the State which shall be owned and controlled by it. The scheme is to use the stored water to equalize the flow of each stream upon which it is built, and charge the users of the stored water for the additional power such stored water gives to mill owners further down the stream. This does not contemplate charging a mill owner anything for the power he now has, but only for the additional power he gets by reason of the equalized flow of the streams due to using the stored water when he needs it most.
The Water Supply Commission as a part of its last annual report to the Governor and Legislature submitted a bill providing for a systematic development of the water-power resources of the State under State control. This bill contemplated the return of a net revenue to the State and accordingly provided for the assessment of benefits upon individuals and properties benefited by reason of the construction and operation of storage reservoirs. Many of the provisions of this bill were new in principle, and it was to be expected that a measure of such far-reaching effect would meet with some opposition. Although the bill provided for contracts to be entered into with respect to payments for benefits to be conferred, and the power of assessment was only to be resorted to in order to forestall an unwilling beneficiary from blocking the progress of a great public enterprise, such a provision met with disapproval in the Legislature and the bill was not advanced. The Commission believes that as the Legislature becomes more familiar with the problems involved, it will approve of this policy. For these reasons, the bill with amendments in other respects will again be submitted to the Legislature in connection with the next annual report.
REPORT FROM NORTH DAKOTA
C. B. Waldron
State Agricultural College of North Dakota
While Conservation means the same to all people, namely, the perpetuation of those resources and conditions that make a prosperous existence possible, yet each Commonwealth must develop its own best means for bringing this about.