Limitations of Federal Control of Water Powers; An Argument Before the National Waterways Commission - Softcover

Inhaltsangabe

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912. Excerpt: ... At this point I wish to call particular attention to the fact that there has been much confusion and there is still much confusion, caused by the varying holdings in different states as to the extent of the naked fee in the bed of navigable streams held by the riparian owner, and to emphasize the rule that these variations do not make any difference as to what is really the property right of the riparian owner to the beneficial use of the bed and waters for water power. III. THE PROPERTY RIGHTS OF THE RIPARIAN OWNER ARE NO MORE AND NO LESS IN STATES WHERE THE TITLE TO THE BED IS RETAINED IN THE SOVEREIGN THAN IT IS WHERE THAT TITLE BELONGS TO THE RIPARIAN OWNER. It has already been shown that, even in states where the unqualified fee of the riparian owner stops at high water mark, he has a property right to the use of the bed and the waters of the stream for power purposes, and that such property right of use is an easement belonging to him; in the same states, although the naked title is held by the State, it is a limited holding for specific purpose,--a holding in a sovereign capacity, in trust for the public use for navigation. It has also appeared that the elements of the public right so defined mark the beginning of the private riparian right. Where one begins, the other leaves off, and vice versa. Now, the public right is just as great, and is no greater, in States where the naked fee passes to the center of the stream and belongs to the riparian owner. In both classes of States, when there is once fixed the extent of the sovereign power of control of the State for the specific purpose of navigation,--and it is just as extensive in one class of States as in the other,--we have the limits fixed of the private right of riparian owners. Therefore, so f...

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