Limitations of Federal Control of Water Powers: An Argument Before the National Waterways Commission |
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Limitations of Federal Control of Water Powers: An Argument Before the ... Rome G. Brown No preview available - 2017 |
Common terms and phrases
43 Minn actual navigation appurtenant bed and waters beneficial benefit charge Chief of Engineers cited common law compensation Congress Constitution construction Dams and Water decisions easement established exercise extent Federal Government grant Hemlock Lake highway imposed inconsistent June 29 law of property law of riparian legislation legislature license low water mark ment Minnesota Mississippi River nature navigable streams navigable waters navigation improvements navigation purposes Niagara Falls Niagara River ownership paramount right power of control power to regulate private right proprietary interest proprietary right protect provisions public right purpose of navigation question regulate commerce restrictions revenue right of control rights of riparian rights of user riparian land riparian owner riparian proprietor rule of property scenic grandeur Secretary of War sovereign capacity sovereign power specific purpose statute structures thereof tion treaty trust U. S. Supreme Court United States Supreme water power Wisconsin Wisconsin Supreme Court York
Popular passages
Page 19 - The use of all water required for the irrigation of the lands of any district formed under the provisions of this Act, together with the rights of way for canals and ditches, sites for reservoirs and all other property required in fully carrying out the provisions of this Act, is hereby declared to be a public use, subject to the regulation and control of the State in the manner prescribed by law.
Page 11 - ... and the navigable waters leading into the same, shall be common highways and forever free, as well to the inhabitants of said state as to all other citizens of the United States, without any tax, duty, impost or toll therefor.
Page 66 - Although there have been from time to time intimations that there might be some tax which was not a direct tax nor included under the words 'duties, imposts and excises,' such a tax for more than one hundred years of national existence has as yet remained undiscovered, notwithstanding the stress of particular circumstances has invited thorough investigation into sources of powers.
Page 90 - The high contracting parties agree that it is expedient to limit the diversion of waters from the Niagara River so that the level of Lake Erie and the flow of the stream shall not be appreciably affected. It is the desire of both parties to accomplish this object with the least possible injury to investments which have already been made in the construction of power plants on the United States...
Page 19 - The use of all water now appropriated, or that may hereafter be appropriated, for sale, rental, or distribution, is hereby declared to be a public use, and subject to the regulation and control of the State, in the manner to be prescribed by law...
Page 74 - That no tolls or operating charges whatever shall be levied upon or collected from any vessel, dredge, or other water craft for passing through any lock, canal, canalized river, or other work for the use and benefit of navigation, now belonging to the United States or that may be hereafter acquired or constructed...
Page 13 - How. 443, has declared that the Great Lakes and other navigable waters of the country, above as well as below the flow of the tide, are, in the strictest sense, entitled to the denomination of navigable waters, and amenable to...
Page 12 - Lakes and other navigable waters of the country, above as well as below the flow of the tide, are, in the strictest sense, entitled to the denomination of navigable waters, and amenable to the admiralty jurisdiction, there seems to be no sound reason for adhering to the old rule ai to the proprietorship of the beds and shores of such waters.
Page 21 - The common law includes those principles, usages, and rules of action applicable to the government and security of person and property which do not rest for their authority upon any express and positive declaration of the will of the legislature.
Page 12 - It had the influence for two generations of excluding the admiralty jurisdiction from our great rivers and inland seas ; and under the like influence it laid the foundation in many States of doctrines with regard to the ownership of the soil in navigable waters above tide-water at variance with sound principles of public policy.