Act 333 provided for conservation of natural gas and oil by preventing

waste.

A number of other Conservation measures were enacted into laws, 29 in

all, but I cannot touch upon them at this time.

We are proud of our success in inaugurating safe and sane policies for

Conservation; we are proud of our Governor, J. Y. Sanders, who urged the

passage of the various bills; we are proud of our lumbermen, timber

owners, gas and oil operators, and miners who recognized the need for

Conservation and the justness of our bills, and assisted in their

passage. And above all we are proud of our people as a whole, who are so

wide-awake on the question of Conservation of natural resources.

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.

REPORT FROM MASSACHUSETTS

FRANK WILLIAM RANE

_State Forester_

HENRY H. SPRAGUE

_Chairman Metropolitan Water and Sewerage Board_

While we do not have an authorized Conservation Commission in

Massachusetts, we nevertheless have many wide-awake and active State

officials and commissions in charge of work which in the total answers

the same purpose to the Commonwealth.

Massachusetts is noted for her excellent roads, and she is constantly

enlarging the mileage. The Fish and Game Commission is perfecting our

laws and encouraging modern protection and management of both fish and

game. The propagation and dissemination of each is a large part of their

work.

General agriculture is undoubtedly improving and various rural

industries such as apple raising, cranberry growing, asparagus culture,

and various specialties are receiving renewed attention. The State

Agricultural College is growing in influence and value to the State.

The increasing population of the State has made it necessary to set

apart and protect many of the ponds and streams throughout the

Commonwealth for the purpose of water supply. During the past fifteen

years the Commonwealth has expended more than $41,000,000 for the

acquisition and construction of Metropolitan works in order to provide

the city of Boston and surrounding municipalities with water. One of the

storage reservoirs constructed for the "Metropolitan District" is the

largest reservoir in the world built up to the present time for the

purpose of providing domestic water supply. Large sums have been spent

not only for the direct protection of the reservoirs from pollution, but

also in acquiring and improving large marginal areas of woodland, and in

the planting with trees of many hundreds of acres of cleared lands which

have been acquired. Cities and towns outside of the Metropolitan

District have made and are making like provisions for obtaining and

preserving their water supplies.

Under recent legislation the gradual metering of all water services in

the Metropolitan District is required, and more vigorous inspection has

been introduced; so that in the past year or two a material reduction in

the total consumption has been effected notwithstanding the increasing

number of water takers.

In the building of the great Wachusett reservoir for the Metropolitan

Water-works provision has been made for the utilization of the power

which may be generated by the fall of the water over the dam to the

level of the aqueduct through which the water is conveyed into the

Metropolitan District. Machinery for a power plant is about to be

installed in the power house already erected, by which it is estimated

that from 2500 to 3000 horsepower may be generated and disposed of, not

only at a profit to the District, but also to the advantage of the local

industries.

While the State has permitted the taking, for the benefit of the

municipalities, of the necessary sources of water supply by the exercise

of the power of eminent domain, it has adopted the policy of compelling

the husbanding of the waters by the prevention of unnecessary and

wasteful consumption, and of utilizing the power generated by water

works for the benefit alike of the works of the mechanical industries of

the Commonwealth.

For conserving forest, park, and shade trees, Massachusetts has

undertaken the great task of suppressing the ravages of the gypsy and

browntail moths. This work has now extended over a period of years, and

eminent entomologists concede that nothing equal to this undertaking has

ever before been attempted. As many as 2700 men at one time have been

employed by the State in this work. Massachusetts has spent millions of

dollars in the work, and it is not only a protection to our own people

but equally prevents the dissemination of these pests to other States.

Parasites have been collected and introduced from foreign countries, and

everything possible undertaken to assist in the work. Our improved

high-power spraying machines with new and improved devices for

destroying these insects will undoubtedly prove of great value in future

spraying undertakings throughout the Nation.

The forestry work meets with continued whole-hearted support at the

hands of our people. The work of reforestation is becoming more popular

each year, and great good is bound to result therefrom. Our forest fire

laws are proving to be workable and hence practical. The poorer towns

are receiving State aid in the purchase of fire-fighting equipment, and

the wealthier towns are equipping themselves. The past year, as

heretofore, the Legislature has been inclined to assist the State

Forester in his various endeavors.

REPORT FROM MISSOURI

HERMANN VON SCHRENK

_Chairman Missouri State Forest Commission_

The Forest Commission of the State of Missouri was appointed a year ago

for the purpose of making recommendations to the Governor concerning a

future forestry policy for the State.

The Commission, after a thorough study of the conditions prevailing in

the State, prepared a report to the Governor, the principal feature of

which was the recommendation that a State Forest Board be established

with a State Forester. In submitting its report to the Governor, the

Commission suggested a bill, modeled after what appeared to be the best

laws already in force in other States. The Commission called particular

attention to the necessity for establishing fire guards and doing

educational work among the people of the State. The report and the bill

were sent to the Legislature by the Governor with a strong

recommendation that the bill be passed. Owing to the enormous amount of

other business on hand and the lateness in the year, the Legislature

did not have time to fully consider the bill, and it will come up again

at the next session.

The Commission has investigated the forest resources of the State in a

general way, and feels that there is a large field for the work of

perpetuating forests, especially in some parts of the State where the

land is more or less unfit for agricultural purposes. The Commission has

furthermore planned the organization of a State Conservation

Association, this to be organized sometime this fall along lines similar

to those of Associations already existing in many States.

While the Conservation work of this State is as yet in its infancy, the

general interest awakened is very large, and the Commission anticipates

large practical results during the coming year.

REPORT FROM MONTANA

RUDOLPH VON TOBEL

_Chairman Montana State Conservation Commission_

Probably none of the Governors of States who attended the Conference of

Governors called by President Roosevelt in May, 1908, returned to their

constituents more thoroughly imbued with the principles of Conservation,

or more fully determined to put those principles into practice in this

State, than Governor Norris, of Montana. Almost immediately, acting on

the suggestion of Governor Folk at the Conference, he appointed a

Forestry Commission, consisting of Judge Lew A. Callaway, of Virginia

City, Ex-Governor Robert B. Smith, of Kalispell, and Ex-Senator Paris

Gibson, of Great Falls.

It soon became apparent to Governor Norris, in view of the most

unsatisfactory condition of the land laws of the State, that there was

work along the lines of Conservation of a broader scope than was

comprehended in the plans laid down for the Forestry Commission, and he

appointed what was known as the State Lands Commission, which was

expected to draft a bill covering all State lands, except timber lands,

to present to the Legislature. This Commission consisted of Honorable

David Hilger, of Lewistown, Ex-Governor B. F. White, of Dillon, and

Honorable Charles S. Hartman, of Bozeman. Subsequently, Mr E. M.

Brandagee, of Helena, was appointed to fill the vacancy on the Forestry

Commission caused by the death of Ex-Governor Smith, and Mr Rudolf von

Tobel, of Lewistown, was appointed on the Land Commission to fill the

vacancy caused by the resignation of Mr Hartman.

After several meetings had been held by each of these Commissions, it

was found impracticable to separate the work of the two without

duplicating much of it and causing some conflict; so the two were

consolidated, and thereafter worked together in the preparation of a

bill covering the entire land holdings of the State to present to the

Legislature. Such a bill was prepared, submitted, and passed by the

Legislature, and approved by the Governor, March 19, 1909, and is now

the law of the State.

This Act places all State lands under the control of the State Board of

Land Commissioners, consisting of the Governor, Secretary of State,

Attorney General, and Superintendent of Public Instruction. It provides

for the appointment of a Register of the State Land Office, a State Land

Agent, a State Forester, and other minor officials. The duties of the

Register are to attend to the sale of lands, and he is the chief of the

office. The State Land Agent's duties are, generally, to examine all

lands in the field; and the State Forester has general charge of the

timber lands of the State.

The Act further provides that no timber land shall ever be sold, except

only such as, after being cleared, would be more valuable as

agricultural land, than it would be for the growing of timber; and that

only the merchantable timber in the forests of the State shall be sold

from time to time. It also provides for the reforestation of the lands

as occasion may require. The State Forester is made the general Fire

Warden of the State, and the Deputy Forester, all peace officers, and

the Game Wardens, are made Deputy Fire Wardens, charged with the duty of

protecting the forests of the State, all being liable to forfeiture of

office for neglect.

The Act provides for prohibiting the sale of lands known to be coal

lands, and provides that mines may be opened in the coal lands of the

State and worked on the royalty basis, the minimum royalty being fixed

at ten cents per ton; it provides that every patent issued for State

lands shall reserve to the State the coal, oil, gas, and other minerals

contained therein, with the right to enter upon the land and extract the

same: thus reserving to the State all coal and other minerals in State

lands, whether the same are known at the present time to exist or not.

It also provides for the location of water-rights by the State for

irrigation of State lands and provides for the location of mining claims

on State lands in practically the same manner as it provided for the

location of such claims under the Federal Statutes.

This, in brief, is an outline of the work accomplished by the

Commission.

Owing to the facts that the timber lands of the State are not in one

compact body and that large tracts of timber land lying adjacent to the

State forests are owned by private parties and corporations, the

experiences of the past summer in fighting forest fires, has

demonstrated that all owners are not equally interested in preventing

the destruction of the timber upon their lands; at any rate that they

are not equally willing to pay the expense of preserving it. It was

found that while some few corporations, owning large tracts of timber

land, furnished their quota of men and money to protect their interests,

by far the larger number either declined or neglected to furnish either,

throwing upon the State the burden of protecting the timber of private

owners in order to protect State property; and it is the intention of

the Commission to recommend and urge upon the Legislature the passage of

an Act requiring private owners of timber land to protect their forests,

and in case of their failure or neglect to do so, authorizing the State

to do so and to charge the expense thereof to the land.

Inasmuch as the State has a large quantity of timber land within the

National forests which is unsurveyed, and which if surveyed would be

school sections, but which the Secretary of the Interior has decided

belongs to the National Government until surveyed, the State derives no

benefit whatever from the land and will not derive any until the same

has been officially surveyed. The Commission proposes to recommend the

passage of an Act ceding to the Federal Government all of the lands

within the National Forests which would be school section, upon Congress

granting to the State a like area of equally good timber land, in one or

more compact bodies so located that the State can obtain some benefit

therefrom. This method of handling the matter, I understand, was

favorably considered by Mr Pinchot while in office, and also by

President Taft.

The Commission also has in mind the preparation of a bill looking to the

conservation of the waters of the State. While Montana has many valuable

water-powers, most of which are still undeveloped, the principal use of

water in the State is, and always must be, for the irrigation of the

land; nevertheless, much of the water of the State is available for

power purposes which could not be made available for irrigation. Under a

long line of decisions of the Supreme Court of the United States,

beginning with the case of Martin vs. Waddell (16 Peters, 367) decided

by Chief Justice Taney in 1842, down to the case of Kansas vs. Colorado

(206, U. S.), the beds of all navigable streams below high-water mark,

together with the waters flowing over them, belong absolutely to the

State, subject only to the right of Congress to regulate commerce, and

are subject to State control. On the other hand, the land bordering upon

such streams all belonged to the general Government originally, and in

many places available for power sites the lands bordering on the streams

still belong to the General Government. In order to develop these power

sites the work must be undertaken by both State and Nation, or by their

joint consent; and it is hoped that some legislation may be secured in

the State and in Congress regulating this joint control. Much has been

said and written in regard to the compensation due the Government,

either State or Nation, from the owners of developed power sites such as

we have in Montana; but the Montana Commission is more interested in the

power to regulate rates than in the power to exact compensation for the

use of the waters, for the reason that all compensation paid to the

Government must eventually come from the consumer, and in any event

would be comparatively small, while the regulation of rates to the

consumer is the only power necessary to complete control and the

prevention of monopoly--although it is believed that some compensation

should be exacted. Such legislation would eventually conserve the

undeveloped water-powers of the State, but other questions arise as to

those sites which have already been developed.

There are four dams across the Missouri river in Montana, either

completed or in process of construction, each of which utilizes, or is

intended to utilize, the entire flow of the river. All of these powers

were developed under special Acts of Congress passed after Montana

became a State; but in no case was the consent of the State obtained, or

even sought. The Commission has not yet decided whether it will attempt

to bring these developed powers under State control or not, and of

course has not devised any method of doing so (in case it should be

deemed advisable to attempt it), although individual members of the

Commission--including the writer--have expressed themselves as

decidedly of the opinion that the owners of these developed powers, not

having obtained any consent from the State for the construction of their

dams or for the use of the water, may be brought under State control.

The Montana Commission looks upon this water conservation as its main

work for the immediate future.

On the whole, the Commission feels that it has already accomplished

considerable in the way of practical Conservation, but that there is

much more to be done, some of which it hopes to be able to accomplish at

the coming session of the Legislature during the first of the coming

year.

REPORT FROM NEW MEXICO

COLONEL W. A. FLEMING JONES

I come from a Territory that for sixty years has been knocking at the

doors of Congress, seeking admission to the sisterhood of States. The

treaty of Guadalupe Hidalgo provided that our Territory should be

admitted to Statehood "at the proper time" (which was to be judged by

the Congress of the United States), and to the enjoyment of all the

rights of citizens of the United States according to the principles of

the Constitution. The implied requisites for admission are population,

taxable wealth, and the desire of Statehood. All of these we have in

abundance, including a population that exceeds by far that of any of the

States at the time of their admission, with the single exception of

Oklahoma, and something that is by no means generally known is the fact

that our Territory has fewer foreign-born citizens per thousand than any

State in the Union. However, the present Congress has enacted

legislation under which we may be admitted, and our Constitutional

Convention is now in session, framing a fundamental law that I am sure

will meet with the approval of Congress and the President. But for the

fact that the best brains of our Commonwealth are engaged in the work of

framing this Constitution, a much larger representation would have been

present here.

New Mexico is proud of what she has done in the cause of Conservation.

The Act of the Thirty-eighth Legislative Assembly creating our

Conservation Commission is broad in its scope and is a model for those

States which have not enacted any such legislation.

I hope to attend the Third National Conservation Congress, not from a

Territory whose people are wards of the Government and not considered

capable of the management of their own affairs, but as the

representative of the Great State of New Mexico, the forty-seventh star

in our flag.

REPORT FROM NEW YORK

J. S. WHIPPLE

_Chairman State Forest, Fish and Game Commission_

New York may well be called the Empire State because of its great

population, its railways, canals, navigable rivers, agricultural

development, and diversified industries. It also has within its

boundaries vast forests that give it an important place among the States

of the Union in regard to woodland products, fish, and game.

No statement regarding the Conservation question in New York would be

complete without first referring to a few of its assets and their

stupendous value. Those to which I refer will readily indicate the

importance of New York as a field for the protection, development, and

use of natural resources.

The State has an area of 50,203 square miles, or 32,129,920 acres. Of

this great territory 27 percent is occupied by forests, a proportion

nearly the same as that of the forest area of Germany. There is standing

in New York about 41,500,000,000 board feet of timber; the output of our

forests last year was 1,064,000,000 board feet. There are 2,308

saw-mills. The value of our forest product in 1907 at the mill was

$24,000,000. In the manufacture of wood pulp New York leads all other

States. Last year 245,000,000 board feet of domestic logs were used for

pulp, and that was only about 20 percent of the total amount used. New

York also leads in the number of paper-mills. It has approximately 170

establishments for the manufacture of paper. The paper and wood-pulp

industry is represented by a capital investment of about $57,000,000.

New York's vast wilderness contains much large game. Over 6,000 deer and

100 bear are killed each hunting season. The annual commercial value of

fur and game animals and game birds approximates $750,000. We rank

third as a fish-producing State; the products of all species, including

shell-fish, amounts to about $40,000,000 annually, the annual shell-fish

product being valued at about $12,000,000.

The Adirondack Park contains 3,313,564 acres, the Catskill Park 576,120

acres, and 1,641,526 acres of land are owned by the State, of which

one-third is virgin forest or that which is now equally good. Twelve

large rivers wholly within the State have their source in the

Adirondacks. The course of each is marked at frequent intervals by falls

or rapids, and they, with others outside of the Adirondacks (excluding

the Niagara and Saint Lawrence), have a natural horsepower already

developed of 630,000; they are capable of furnishing at least 1,500,000

horsepower. This estimate would indicate that there is still 880,000

horsepower running into the sea wasted. It has been estimated that New

York State would derive a revenue of over $15,000,000 annually from its

fully developed water-power if controlled and sold by the State. Besides

the Adirondack rivers there are the Delaware, Susquehanna, Chemung,

Alleghany, Esopus, Genesee, and many other rivers of great value.

New York has over 500 miles of canals, or about 25 percent of the total

canal mileage of the United States, over which there are transported

annually some 3,500,000 tons of freight. Mineral production is

considerable. The mining of iron ore is a well developed industry. One

of the largest known iron ore deposits in the world is located in the

Adirondack wilderness. Gas, oil, garnet, graphite and many other mineral

products are marketed annually to an amount over $5,000,000.

Only three other States yield a greater total value of agricultural

products. New York ranks first in average value of production per acre.

One-ninth of the hay and forage of this country are raised in New York,

and the animal industries are of enormous value. Our hay-producing acres

are worth $93,000,000. New York has 226,720 farms with an aggregate area

of 9,522,000 acres, valued at $1,070,000,000, furnishing employment for

373,650 persons. The annual product of these farms is worth

$345,000,000. New York has 30 acres of tree nurseries capable of

producing 12,000,000 trees annually, and will double that acreage during

the next year. We have taken the lead in the establishment of tree

nurseries, in planting, and general work of tree propagation.

_Work Accomplished_

These are some of the factors which make Conservation of natural

resources in New York State very important. The work is being carried on

by various State Departments rather than by any single commission.

Governor Charles E. Hughes, and the Departments under him, gave great

impetus to the work during his term as Governor. Besides $101,000,000

authorized for canal improvement and $55,000,000 for good roads, over

$2,000,000 is expended each year by the State in Conservation work as

represented by the activities of the Forest, Fish, and Game Commission,

the Agricultural Department, and the State Water Supply Commission.

All sections of the State have been awakened, and active steps are being

taken in every direction. New York was first to achieve an onward

movement in the preservation of its natural resources when in 1885 it

led the way in the establishment of State Forest Preserves, and

inaugurated the policy of protecting her forests for the health and

recreation of the people and the protection of water sources. The same

leadership has been continued in control of water by statute creating

the State Water Supply Commission in 1905 and vesting it with

jurisdiction over the water supply of the State.

_Water_

Water is now recognized as one of the most valuable economic resources

of the earth, and the importance of measures for public control to

secure full benefit of hydraulic resources to the people is being

realized very rapidly as the great educational propaganda now carried on

in New York progresses. The powers of the Water Supply Commission extend

to the progressive development of water-powers of the State for the

public use under State ownership and control. It also has the power of

improving, straightening, and dredging the channel of any water course

of which the irregular flow is shown to be detrimental to public health

and safety. Four great reservoir projects have been located and

surveyed; many other propositions have been tentatively examined, so

that all water storage possibilities of the State are approximately

known.

I want to say just a word about the granting of franchises, especially

in respect to water-power rights in perpetuity. We have become so

accustomed to the idea of a non-controllable ownership of our natural

resources that even our agents in the Legislature have seemed at times

not to fully appreciate the importance of State control and the rights

of the people at large. No agent of the people has any moral right, nor

have the people themselves, to bind by water rights in perpetuity future

generations who will have their own problems to solve and their own

lives to live. It is therefore of first importance to understand our

relationship as trustees toward these public resources. Are they ours to

do with as we please, to use or waste as we see fit, or are they ours to

use to the best advantage and with the least waste; and is it our duty

to pass them on unimpaired, improved if possible, for those who are to

follow us? It is self-evident that this world was not made for us alone.

After us countless millions will come and go. Could it have been

intended that during our temporary occupancy we should have such a

complete control of God's gifts to Man that we, by our own act or

legislative will, could determine for all time how these blessings might

be used or enjoyed? We may give them away, we may deprive the people of

their rights in them; but when on the one hand a road leads to safety

and on the other a way to danger, there should be no hesitation about

which we should take. New York has improved on its old policies, which

can best be illustrated by an extract from an address by Governor

Hughes:

"Water-power privileges have been granted in the past without any

provision for a payment to the State in return for what the State gives.

These grants have frequently been made without proper reservations or

conditions and without anything constituting a suitable consideration.

They have amounted simply to donations of public rights for private

benefit. It does not fetter individual enterprise to insist upon

protection of the common interest and due payment for what is obtained

from the public. Last year on the grant of a franchise to a development

company which was to develop power from Saint Lawrence river it was

insisted that provision should be made for compensation for the

privilege upon a sliding scale according to the power developed. And

thus it was established that hereafter in the State of New York public

privileges, on terms of justice to the investors and the public alike,

must be paid for."

_Proposed Legislation_

Last year a measure prepared for the purpose of relieving the tax burden

on reforested land was presented to the Legislature, but it failed of

passage. This effort will be renewed until the much desired result is

obtained. Timber should be treated as a crop and taxed when cut. Timber

owners and tree planters should be encouraged to conserve and plant by

making the carrying charges less, that better management may be had and

more planting done.

The leasing of camp-sites on State land, the building of good roads

through the Forest Preserve, and the removal of dead and down timber

were all submitted in the shape of constitutional amendments, but the

Legislature also failed to sanction these propositions. The public mind

is not yet ready for complete and comprehensive Conservation in New

York, to have which requires a change in our Constitution. The need is

urgent, but, I regret to say, not fully appreciated.

_Agriculture_

The Agricultural Department is performing a splendid work in soil

Conservation. It assists in the preservation and protection of trees and

in planting work, as well as the fostering of farm crops and the

husbandry of meat products. The College of Agriculture is devoted to the

cultivation of intelligent and scientific methods in all branches of

crop production. Fertilization of the soil, destruction of injurious

agents, and new methods of intensive farming, are all taken up in the

various branches of the Department. In the State College of Agriculture

there were enrolled last winter nearly 1000 students. We have two

experiment stations with over fifty scientific men on their staffs. We

have three lower-grade agricultural schools, and the State is conducting

farmers' institutes, which have held more than a thousand sessions in

the past season.

_Forests_

All the foregoing endeavors are closely related to the continued life of

our forests, and in many respects are dependent on them. A producing

soil we must always have, or life of all kinds will become extinct.

Without a fairly regular supply of water a producing soil is

impossible; producing farm land is impossible. Hence if our water

sources do not perform their natural functions, we cannot get along very

well. The absence of forests in a mountainous State like New York will

prevent a regular flowing water supply, necessary to the demands of good

soil productivity; therefore, forests very largely hold the key to the

whole Conservation situation as it bears on the life, health, and

general welfare of the people of New York State. The question of timber

supply, water-power, health resorts, and atmospherical conditions, as

affected by the forests, are matters of secondary consideration in view

of the indirect but vital influence forests have on our soil production.

Neither soil nor water can be totally destroyed. They may become

impaired and unavailable on account of irregularity in rainfall, but to

some degree they will always perform their natural services for mankind.

The forests, however, might suffer total obliteration as they have in

many sections of the Orient and Occident. Wherever this calamity has

occurred, we find soil and water have reached their minimum of

usefulness. While we could not exist without water or soil, that does

not mean that they are the most important subjects for Conservation in

my State. The question of having to exist without them is entirely

eliminated; they will always be there in some degree of efficiency or

inefficiency. They will always be with us in their efficient state if we

exercise reasonable care in the use of our forests. On the other hand,

it is within the scope of possibility that our forests might be

destroyed to all practicable purposes, and history points out that soil

and water supply would then be of slight utility in a mountainous

country. The forest is the controlling resource, like the governor of an

engine without which the engine would destroy itself. Hence forests in

New York State by their influence upon soil and water flow occupy the

position of first importance among our natural resources to be

conserved.

The waste of our forests has been appalling, both by lumbering and

conflagration. The great "burns" found through all our mountains furnish

striking evidence of gross carelessness and indifference to the value of

this great resource. It is time that these acts of colossal folly were

stopped. Supreme selfishness on the one hand and deadly indifference on

the other are at the root of it all. Some people do not understand the

great danger of total forest destruction threatening certain of our

watersheds. It takes 50 to 100 years to grow a mature tree. The average

soil may increase about one inch in a century. It requires soil to grow

trees, and fire, the great enemy of the forest, destroys not only the

trees but the soil as well. On two or three occasions in the past seven

years the Adirondack Park has come dangerously near being wiped out by

fire. Rain alone has saved it. In 1903 and again in 1908 several large

fires burning at the same time threatened to unite and destroy the

entire park. No human agency can combat successfully a great forest

conflagration when once it is under way. In 1908, 177,000 acres of land

was burned over in New York State; the loss approximated $644,000. In

1903, 500,500 acres were burned, and the loss was more than $1,000,000.

Loss of soil and reproduction was not considered in the estimated loss

and never is.

It is logically evident from the history of forest fires that prevention

is the right objective in seeking to remedy this great evil. Methods of

protection after fire starts will fail when certain commonly occurring

weather conditions prevail. In New York we have devised an effective

forest fire-fighting organization, based on the principles of

prevention. The Adirondack and Catskill sections have been divided into

four districts, three in the Adirondacks and one in the Catskills. A

superintendent was appointed to take charge of each district. Under him

there were assigned regular patrolmen and special patrolmen, and to a

certain extent the superintendent cooperates with supervisors of towns.

The aggregate number of men engaged in this work this year is 356. In

addition to this the supervisors in every town in the State of New York

are responsible personally for damages caused by forest fires in their

respective towns, if they are negligent in putting them out.

I met the Boards of Supervisors of the various forest preserve counties

and discussed with them ways and means of fighting fire, explaining the

law and showing their responsibility. This action was followed by good

results. The superintendents were in turn assembled at Albany, and

properly instructed as to their duties and the relationships to be

carried on between their subordinates and themselves. Twenty observation

stations were erected on high points, and equipped with strong field

glasses, range finders, maps, and telephones. The whole territory has

been covered with telephone lines. These stations have proved an

incalculable benefit in the apprehension of fires when they are in an

incipient state. We have also added to the fire-fighting apparatus

portable fire extinguishers. These are very useful in checking a fire

at the beginning. Old trails and tote roads are kept clear of

obstructions to make the woods more accessible. The whole system is

chiefly valuable in that it is based on the fundamental principles of

early discovery, immediate alarm, and prompt action. Over 250 fires were

discovered and extinguished last year so quickly that they attracted no

public notice, and the damage done was unappreciable.

Another step was taken by the Forest, Fish, and Game Commission when the

question of oil-burning locomotives running through the Forest Preserve

was called to the attention of the Public Service Commission. After an

exhaustive investigation, oil as fuel was substituted for coal by order

of the Public Service Board. This order required that the railroads

should install oil-burning engines for use between 8 a.m. and 8 p.m.

from April 15 to November 1 each year, all engines to be inspected by

representatives of the Commission. Coal-burning locomotives still run

through the Forest Preserve at night which, on account of the heavy dew,

it is thought in most seasons does not materially increase the fire

risk; but it is doubtful whether in an extremely dry season coal-burning

locomotives would not set fires at night as readily as they do during

the day time. The partially restricted use of coal as fuel was the best

change obtainable at the time the order was promulgated.

The third factor contributing to reduce fire danger was the provision of

the new law requiring the lopping of tops of all coniferous trees felled

in the forest preserve. The value of this provision is realized when it

is understood that the tops of trees felled a decade ago, when not

lopped, are still ready to burn, while the debris of lopped trees

disappears entirely as a fire menace in the same period of time because

they lie flat on the ground, absorb moisture and rapidly decay.

Scenic assets have a tangible value. Figures have been adduced showing

that $200,000 was paid in fares to Niagara Falls to the New York Central

Railroad in three months. The visitors to the Adirondacks leave nearly

$8,000,000 behind them each season. These figures seem to suggest the

culture of the esthetic, as that side of the problem is very

remunerative. There ought to be as much attention paid to the

acquirement and preservation of places of natural beauty, public

usefulness, and historic interest, for the full enjoyment and use of all

the people, as there is for the preservation of natural resources that

have only a commercial value. To this end the people of the State of New

York and New Jersey have established an interstate park, and by

statutory enactment preserved for all time the picturesque and

historical palisades of the Hudson, and many acres of woodland. To this

end Mrs Harriman gave 10,000 acres of wild wooded land and $1,000,000 to

the State last winter, to which the State of New York added by bond

issue $2,000,000 for the enlargement of the interstate park. By statute

also about 53 square miles of the historic Highlands of the Hudson south

of West Point have been saved and set aside for park and forestry

purposes. Watkins Glen, a beautiful part of Schuyler County near Seneca

Lake, has been purchased by the State, and its scenic beauty preserved.

A reservation has been established in the Thousand Islands of Saint

Lawrence river and one at Niagara Falls preserving these beautiful

places to the people for all time. Without such places pleasant to the

eye and conducive to health, a numerous portion of the race thus

deprived of opportunity for exercise, for recreation, and the quiet

enjoyment of nature's great gifts of beauty that have existed for the

full and untrammeled benefit of former generations, we must become a

nation of human derelicts rather than a nation of healthy-bodied men and

women. We must have these resources to keep up the physical standard of

men and women, and more so in the future than in the present because

conditions of living are changing rapidly in America. In 1800 only 3

percent of the people dwelt in the cities or large towns; in 1900 more

than 33 percent lived amid urban conditions.

President Roosevelt never said a more striking thing than when he gave

as the definition of civilization something to this effect: "The prime

difference between a civilized and an uncivilized people is that

civilized man looks beyond his own immediate needs, and even beyond

those of his lifetime, and provides for generations yet unborn."

In considering the principles of Conservation, development comes first,

using and improving the natural resources of our country for the benefit

of the people. The second principle is the prevention of waste.

Conservation comprehends the substitution as far as possible of

materials for those that are exhaustible. Conservation reaches out into

a wide field, and, as often said, it means the "greatest good to the

greatest number for the longest time." Conservation advocates the use of

foresight, prudence, thrift, and intelligence in dealing with public

matters. It means the application of common sense to our public

affairs. Conservation guarantees progress, efficiency, supremacy,

perpetuity, the life of the Nation. There is no interest of the public

to which the principles of Conservation do not apply.

SPECIAL REPORT FROM NEW YORK--WATER RESOURCES OF THE STATE

HENRY H. PERSONS

_President State Water Supply Commission_

The people of the State of New York have a deep natural interest in the

important economic problems now brought so forcibly to the attention of

the American people through the Conservation movement. That interest is

properly manifested at this time because, in all probability, no other

State in the Union is invested with conditions so favorable and

opportunities so promising for the early accomplishment of material

progress in the practical conservation of one of its most valuable

natural resources. In New York State the surface water supply as a

natural resource is second in value only to the land itself, which

indeed owes its value largely to the existence of an abundant natural

water supply. It must be conceded that the value of water for potable

and domestic purposes cannot be estimated in dollars and cents,

constituting as it does a necessity of life for which no substitute

exists. Its money value is represented by whatever it costs to obtain

the supply, be that much or little.

Aside from any such consideration as this, water is practically the only

natural resource within the State of New York for the development of

power, that great and fundamental requisite to the prosperity and

comfort of a civilized community. The State does not have enough coal of

its own to operate its existing iron mines, to say nothing of mining the

whole of the valuable deposit, estimated at 300,000,000 tons. This

condition is compensated for in a large measure if not altogether by the

fact that, in addition to the existence of an abundance of water, the

profiles of the streams and the general topography of a large portion of

the State are naturally favorable for the establishment of hydraulic

power developments and the construction of storage reservoirs for the

regulation of the flow of the streams.

The State has taken a notable step forward by assuming certain

regulative powers over the disposition of these resources, and by the

institution of a systematic inventory of them to determine the extent

not only of the supply but of existing developments and present uses,

and the possibilities for additional uses and new developments. It has

also made extensive studies to determine the possibilities for water

storage, the necessary complement to extensive power developments within

the State.

_Development of Water Conservation as a State Policy_

A brief statement of the most important historical facts leading up to

and determining the present status of water conservation within the

State seems pertinent, and will doubtless be of assistance in furnishing

a clear prospectus of the controlling conditions and the complicated

problems involved in the formulation of a comprehensive and practicable

plan for the regulation of these waters.

In 1902 a special Act of the Legislature created the Water Storage

Commission. That Commission was directed to make surveys and

investigations to determine the causes of the overflow of the various

rivers and water courses of the State, and to determine what, if

anything, could be done to prevent such overflow. The serious nature and

wide extent of the floods occurring at more or less frequent intervals

in a large number of streams throughout the State had long been a source

of anxiety to the residents of the flooded districts owing to the

injuries and dangers occasioned by the sudden overflow.

The failure to take proper measures of a corrective nature earlier was

not due in any sense to a lack of interest, intelligence, or energy on

the part of the citizens of the State. The interest was usually

localized, owing to the fact that ordinarily the entire State does not

suffer from floods at the same time, so that while small communities had

made some attempts to secure relief there had been no State-wide

movement or concerted action in that direction. Several obstacles

usually rendered individual and local remedies comparatively difficult

and ineffective. The complexity of the hydrographic problems usually

involved in a study of flood conditions, together with the expense

incident to a technical investigation to determine the causes and means

of relief, constitute one of these obstacles. Small municipalities

cannot usually see their way clear to employ a hydraulic engineer to

investigate such problems, and conclusions arrived at, or remedies

applied without such a study are likely to result in an unsatisfactory

manner. Furthermore, the proper remedies, when ascertained, usually

require for their execution the acquisition of land and water rights

which individuals or minor municipalities have no power to condemn.

Another obstacle arises from the fact that the distribution of the

burden of expense for any particular improvement can scarcely be made

equitably, or the payment of the amount enforced by any means other than

the power of assessment.

These were the conditions which led up to the demand for a State

investigation and the creation of the State Water Storage Commission.

That Commission, after about a year's investigation and research with a

remarkably small appropriation at their disposal, submitted to the

Legislature an extremely valuable and comprehensive report on the flood

conditions of the principal streams of the State. The report pointed out

that storage reservoirs constituted the only practicable solution of the

problem in the majority of instances, and recommended the construction

of several such reservoirs at points where conditions were known to be

favorable. Having submitted its report, the Water Storage Commission

automatically ceased to exist.

The next step in the development of the water-storage movement was the

creation of the River Improvement Commission by act of the Legislature

in 1904. The creation of that Commission was the only practical outcome

of the valuable report on the causes and remedies of floods in New York

rivers made by the Water Storage Commission in 1903. The River

Improvement Commission was invested with power to make preliminary

investigations, plans, and surveys for the regulation of the course of

any stream, of which the restricted or unrestricted or irregular flow

should be shown by petition of local residents to be a menace to the

public health and safety of the community. If the improvement appeared

to be of sufficient importance and the Legislature approved, the

Commission was then authorized to carry out the project and to assess

the cost of the same according to the benefits received by the various

individuals and the properties benefited. To provide for carrying on the

work pending the collection of such assessments, authority was given the

Commission by the act to issue certificates of indebtedness, or to sell

bonds, to be retired on the collection of the cost from the

beneficiaries. That Commission was composed principally of State

officers as ex-officio members, and while its work was excellent its

progress was unavoidably slow.

While the River Improvement Commission was still in existence, the State

Water Supply Commission was created in 1905; the primary object of its

creation being to insure an equitable apportionment of the sources for

public water supplies among the various municipalities and civil

divisions of the State. The Legislature apparently had a very clear

conception of the need for such a State agency and hence created the

Water Supply Commission with those specific powers. It soon became

apparent that this Commission was in better position than the River

Improvement Commission to study flood conditions, involved as they were

with the general subject of water supply; so that by Act of the

Legislature in 1906 the River Improvement Commission was discontinued as

a separate board, and all its powers and duties were transferred to the

State Water Supply Commission.

The jurisdiction of the Water Supply Commission was thus considerably

broadened to include the study of water storage on a large scale. Its

powers and duties were subsequently extended to an investigation of

water-powers within the State, and the preparation of a plan for their

general development. The Commission is therefore engaged in three

distinct but closely related lines of work: (1) the apportionment of

municipal water supplies; (2) the improvement of rivers in the interest

of public health and safety; and (3) the formulation of a plan for the

general development of the water-power resources of the State.

_Municipal Water Supplies_

In practically working out a comprehensive plan for water conservation,

the State has rightly begun with the matter of public water supplies.

Previous to the establishment of the Water Supply Commission, the laws

of the State permitted any city, village, or other municipal corporation

to acquire or condemn lands for sources of water supply practically at

will, and without regard to whether its plans were just and equitable to

other municipalities and their inhabitants that might be affected

thereby. Thus, a large city armed with the power of eminent domain might

take territory from a smaller community regardless of the present or

prospective needs of the latter for the water sources thus appropriated.

In fact, the people of the community invaded did not always have the

foresight to realize that they would sooner or later require those

sources for themselves. It can readily be seen that such a course might

involve a serious menace to the future growth of the smaller community.

Fear of such procedure led to the passage of special prohibitory laws

for many localities, particularly those adjoining New York City, against

what was feared might be the ruthless exercise of the great power of the

larger community. The effect of such legislation, involving as it did so

much hostility between the different localities of the State, proved

that the then current practice afforded but a partial, inadequate, and

unfair method of administering the distribution of sources of water

supply.

Provision for a pure and adequate supply of water for domestic purposes

for all its inhabitants is one of the first duties of the sovereign

State. Through its important effect upon public health alone, the

general use of pure water is a matter of the gravest importance to every

man, woman, and child regardless of local divisions of government or

grouping of citizens. It was with a realization of these principles that

the Legislature of 1905 wisely determined to delegate the power of

control over the selection of sources of public water supply to a

permanent commission which, by the aid of constant and special

consideration of this subject, should become expert in controlling such

selection so as to insure equity, among all the inhabitants and civil

divisions of the State, and the resulting unimpeded prosperity, growth

and comfort of each and every community. The law, therefore, provides

that no municipality, or person, or water-works corporation engaged in

supplying the inhabitants of any municipal corporation with water shall

have power to acquire lands for any new or additional sources of water

supply until its plans have been submitted to, and approved by, the

Water Supply Commission.

In passing upon plans thus submitted to it, the Commission is empowered

to determine: (1) whether the proposed plans are justified by the public

necessities of the community; (2) whether the plans are just and

equitable to other communities, special consideration being given to

future as well as present needs for water supplies; and (3) whether the

plans make fair and equitable provision for the determination and

payment of any and all damages, both direct and indirect, which will

result from their execution.

Under the operation of this law, which appears to have set a precedent

among the States of the Union in the general State administration of

water-supply resources, there has resulted a smoothly adjusted progress

in the development of public water supplies, without further need of

appeal to the Legislature for the drastic prohibitory special

legislation formerly so much sought after.

It is thus well established in the public law of New York State that the

control of sources of water supply is a State function, and that all

persons or municipalities must apply to the central State Government and

receive permission to take what may be determined to be a just share

from the State's total supply of this indispensable resource. It must,

therefore, be evident that the State should aim toward an ideal of

administration of its water resources which would secure fully and

impartially the rights of each and every one of its inhabitants and all

of their local groupings to a just and equitable share of the public

waters. This problem becomes especially complicated under our modern

conditions of civilization which in promoting the growth of enormous

cities, call for engineering works of the greatest scope and magnitude

for the purpose of providing the requisite quantity of pure and

wholesome water.

One of the most recent and familiar illustrations of this fact is the

present vast undertaking of New York City, which at a cost of about

$161,000,000, is going 90 miles to the Catskill Mountains to secure a

water supply which its engineers estimate will be sufficient for its

needs for only a comparatively few years. In this great project, as well

as in the case of many others not so great, there is involved a large

element of hardship and damage to the locality invaded, in the necessary

taking of private property for the larger public water supply by

constructing immense storage reservoirs which permanently occupy the

lands thus acquired, and furnish no considerable means of support and

prosperity to the region--as is the case when land is acquired for

railroad purposes.

This project of New York City constituted the first important case to

come before the Water Supply Commission for its official approval. After

extended and careful consideration of all the manifold interests

involved in this remarkable project, and after a protracted series of

hearings, the suggestions of the Commission with regard to the

protection of the rights of all the other municipalities and people

affected were incorporated into law, and the project received the

sanction of the Commission. Under the authority thus given New York City

has entered upon its work of constructing the most pretentious municipal

water-supply system in the United States.

Subsequent to the New York City petition, many other applications from

villages and cities, large and small, have been passed upon. By the

accumulation of special knowledge resulting from comparing the problems

of different localities, the Commission has been able to bring to the

aid of the smaller communities of the State a fund of experience and

counsel which in not a few instances has proved of great benefit and

assistance. The Commission aims to make its practice simple,

expeditious, and inexpensive; and the technical points involved in each

application are carefully passed upon by a competent engineer.

A complete census of all existing water supply plants and systems has

been made and is revised from time to time, and the progress of each

applicant whose plans are approved is carefully followed. Construction

work involving expenditures of $230,000,000 has been passed upon by the

Commission and undertaken by the municipalities of the State. This has

entailed the official consideration by the Commission of 85 separate

applications, in connection with each of which public hearings are

conducted.

Numerous complaints have been filed with the Commission alleging

unsatisfactory domestic or fire service both on the part of

municipalities and water companies. The source of dissatisfaction seems

to be the lack of foresight on the part of the municipal or water

company officials, as a result of which they have obtained an inadequate

supply or insufficient pressure. There are many instances of this

condition in the State. There are also many consumers who object to

excessive rates which they claim are imposed upon them by water

companies. On the other hand, some of the companies themselves have

attempted to secure legislation to provide that the State shall be the

arbitrator in the adjustment of water rates. These conditions seem to

point to the conclusion that in the comparatively near future the State

will have to assume control over these matters. A certain degree of this

sort of control is exercised in an indirect way at present in the case

of applications which are before the Commission for consideration, but

no jurisdiction lies with the Commission unless the acquisition of lands

for a new or additional source of supply is involved.

_River Improvement for Health and Safety_

A number of river-improvement petitions presented to the River

Improvement Commission and still pending at the time that Commission's

powers were transferred to the Water Supply Commission involved the

construction of storage reservoirs in the Adirondack forests. The River

Improvement Commission had considered the constitutional questions

involved in the utilization of State forest lands for storage reservoir

purposes, and had reached the conclusion that the force of a clause in

the Constitution prohibiting the removal of timber was paramount to all

exercise of the police authority of the State to protect the public

health and safety; and it had declined further to consider any petitions

involving the utilization of State forest lands for reservoir purposes.

The Water Supply Commission on the other hand has held that the statutes

relating to river improvements in the interest of the public health and

safety are not sufficiently comprehensive to afford a proper basis on

which to advance systematic water conservation involving water-powers.

The existing river improvement law has the health and safety element as

its basis, whereas the carrying out of a comprehensive conservation

policy would be of greatest financial value to the existing and new

power developments, owing to the regulating effect of storage reservoirs

on the flow of the streams. For this reason the Water Supply Commission

has not urged the execution of river improvement projects involving

water storage, under existing statutes, and has recommended to the

Legislature that the advancement of such projects should await the

determination of a definite State policy and the formulation of a

thoroughly comprehensive plan by means of which the storage reservoirs

shall constitute a source of income to the State, even after the bonds

are retired. Several projected improvements therefore await the

enactment of a more suitable statute.

Meantime, however, an important project calling for rather different

treatment had arisen in the proposed improvement of the Canaseraga

creek, the most important tributary of Genesee river. This project

originated with the River Improvement Commission, and the Water Supply

Commission inherited and actively carried on the consideration of the

problems involved. For the last 22 miles of its course this creek flows

through a broad, fertile valley. Owing to the steep declivities of the

upper water-shed and the resulting suddenness and severity of floods in

the valley, a large portion of these flat lands were submerged two or

three times a year, and the channel had gradually become filled with

silt which raised the prism to such a height that the stream itself and

its banks were actually higher in places than the adjacent land. In

times of flood the stream overflowed and the water would stand for

several days at a time over the low areas, in a large measure destroying

such crops as were in a growing condition and effectually deterring the

farmers from cultivating the lands thoroughly and systematically. The

project of improvement which, after due course of public hearings and

consideration by the Water Supply Commission received the official

approval of the Legislature, contemplates the straightening, widening,

and deepening of the channel of the stream, so as to afford a much more

capacious flood prism and to shorten the length of the stream through

the flooded district by about six miles. At the same time lateral

ditches are proposed to be constructed to carry off the overflowing

waters from the lower adjacent lands in order to protect them

permanently from any serious or protracted inundation.

This project did not involve the use of any State forest lands, nor did

it affect any water-power developments. The fact was readily established

that the proposed improvement was of great importance to the public

health and safety of the community, and also of great importance, from a

financial point of view, to the prosperity and general welfare of the

community on account of the benefits that would accrue to agriculturists

from the protection to be afforded by the proposed improvements against

flood damages. The machinery involved in the working out of the project

was put in operation and from time to time various obstacles were

encountered which had to be surmounted by amending the law. Gradually

the statute has been so moulded that it is now thought to be in

practical working order, and the proposed Canaseraga creek improvement

is actually provided for and financed; the bonds having been sold at a

good premium. The actual work of the construction of the proposed

improvement will probably be begun in the near future.

The practicability of the method having thus been established the Water

Supply Commission believes that the State now has a method by which

floods may be mitigated if there are no water-powers or State forest

lands involved. On the other hand, the solution of the problem where

these complications do exist, is much more difficult. In the cases of

the Genesee, Hudson, and Raquette rivers, petitions for the improvement

of which have been filed under the public health and safety statute,

very little real relief can be afforded by straightening or enlarging

the channels of the streams. Water storage appears to be the only

practicable solution, and the water-powers which would be improved could

afford to bear a larger share of the cost of improvement than those who

would benefit from flood control.

_Water-Power and Water Storage_

The most recent extension of the jurisdiction of the Commission, under

which it is investigating the water resources of the State, contemplates

three principal lines of operation. These are: (1) To collect

information relating to the water-powers of the State; (2) to make plans

for such specific developments as the Commission deems available; and

(3) to make such other investigations and studies as will enable it to

devise a comprehensive and practicable plan for the general development

of the water-powers of the State for the public use and benefit and the

increase of the public revenue under State ownership and control. In

accordance with this statute, the Commission has proceeded to

investigate in great detail the conditions governing rainfall and

run-off of streams within the State, and has maintained a number of

observation and gaging stations in cooperation with the United States

Weather Bureau and the United States Geological Survey. A detailed

investigation was also made by competent engineering employees to

determine the number, capacity, equipment, and other material

information relating to practically every water-power in the State. A

general investigation of topographic conditions has also been made and

practically all promising storage opportunities have been located and

their approximate possibilities determined. A number of great reservoir

projects have been surveyed and mapped in great detail. In many

instances borings have been made to determine the character of

foundations for dams, and complete detail plans of the dams and other

structures have been prepared. The financial phases of a number of these

great projects have been gone into in detail, and an exhaustive study of

the constitutional and other legal aspects of the problems involved has

been made by the Commission, and the required comprehensive plan has

been prepared.

In spite of the great natural advantages which New York State possesses

in its interior streams with their enormous possibilities for power,

developed and undeveloped, the fullest utilization of these

possibilities can never be realized under existing conditions. Every

river in the State exhibits such irregularity of flow that the

water-power which may be economically developed from the present minimum

flow is far below the average which can be attained by means of

scientific regulation. The difference between maximum and minimum flow

of most of our streams when stated in figures is startling to the

layman. The Hudson, which is more or less typical of the streams of the

State, has a maximum recorded daily discharge of 100 times its least

daily flow. The Genesee, which is much more flashy, has a maximum daily

discharge about 400 times the minimum daily flow. On the other hand the

Oswego, which is naturally more or less regulated by storage in the

"Finger Lakes," has a maximum discharge about 20 times the minimum. The

yearly discharge of some of the rivers in a wet year is nearly double

the yearly flow of a dry year. On a great many streams as much as

three-fourths of the volume of yearly flow usually runs off in the

spring and early summer months. These remarkable fluctuations of stream

flow are principally attributed to the uneven distribution of

precipitation through the year, which unfavorable conditions are

undoubtedly aggravated by the varying conditions affecting evaporation,

which is generally greatest in the months of least precipitation. Over a

large portion of the State, the greater part of the annual precipitation

occurs in the winter and spring months. Considerable water is

temporarily stored in the snow banks, and is usually reduced to the

equivalent of rain simultaneously with the customary heavy rainfall of

the early spring months. It is quite common for millions of cubic feet

of water to run over the falls and dams in the streams during these

spring freshet periods which, if it could be stored until the drier

summer and fall months, would be of wonderful utility in not only

maintaining a higher rate of flow in those dry months, but also doing

away largely with the damage and inconvenience incident to the sudden

run-off of flood waters in their natural condition. These conditions

point to the necessity for large water storage reservoirs as the only

practical means of accomplishing any considerable degree of regulation.

The investigations of the Water Supply Commission have shown that there

is an installation of water-wheels having a capacity of about 830,000

horsepower within New York State, of which amount about 200,000

horsepower is at Niagara Falls. The average daily output of the plants

is about 620,000 horsepower, including 145,000 at Niagara Falls. There

are in all more than 1,800 hydraulic power plants within the State, many

of which are equipped with steam auxiliary power plants. The total

capacity of these auxiliary plants is about 124,000 horsepower. The

investigations have indicated a total development of about 1,500,000

horsepower to be economically feasible within the State. This would be

uninterrupted continuous power, exclusive of Niagara river and the

portion of Saint Lawrence river not under the jurisdiction of New York

State. A considerable part of this amount is represented by that which

would be added to the existing developments by the regulation of the

flow of the streams. A number of individual opportunities exist for

considerable new developments, some of the more important of which are a

30,000 horsepower on Genesee river at Portage Falls, a 30,000 horsepower

on Sacandaga river at Conklingville, a 32,000 horsepower on Raquette

river at Colton Falls, and many others ranging from 1,000 to 20,000

horsepower.

The investigations of the Commission have shown that the construction of

large storage reservoirs for impounding flood waters may be beneficial

in many ways. Probably not all of the possible advantages would result

from the construction of any particular reservoir. The extent and

variety of benefits may be summarized somewhat as follows:

(1) The equalization of stream-flow by storing the water during wet

seasons and using the same to increase the volume of the stream through

dry seasons;

(2) A consequent large increase in the power value of the stream, due to

augmenting the low-water flow, and thus doubling or trebling the

dependable flow for power purposes;

(3) A consequent decrease in the height of freshets, thereby reducing

the great pecuniary damages caused by the periodic recurrence of floods;

(4) By increasing the low-water flow of polluted rivers a dilution would

result which would improve the sanitary conditions on the stream;

(5) Navigation would be benefited by a higher stage of water on the

lower reaches of the rivers;

(6) The extension of transportation facilities, often to an important

and desirable extent, by navigation on the proposed reservoirs;

(7) The low lands of the river valleys could be made somewhat more

tenable, and their agricultural products increased by reducing the

contingency of floods;

(8) The perpetual submergence of extensive tracts of swamp lands, which

are now unsightly and a menace to health, would be possible;

(9) The creation of extensive lakes with beautiful shores offering

desirable locations for permanent homes and great attractions to summer

visitors seeking recreation and health; and

(10) Inestimable indirect benefit to the State due to the stimulation of

industrial enterprises, the increase in number and prosperity of the

people, and the creation of taxable wealth by the progressive

development of water-powers.

* * * * *

Among the more promising opportunities for the inauguration of a State

policy in storage reservoir construction is that offered by Genesee

river. The Commission's investigations have shown that it is practicable

to build a reservoir with a dam near Portage, which would be about

fifteen miles long and over a mile wide, with a total capacity of about

18,000,000,000 cubic feet at a cost of about $4,500,000. The regulation

of the stream by this reservoir would not only practically do away with

disastrous floods in the Genesee valley, but would add power worth at

least $200,000 a year to the existing developments at Rochester, and

develop at least 30,000 horsepower in connection with the dam; the value

of water-power at Mount Morris would also be greatly enhanced, and the

nuisance created by the present polluted condition of the river below

Rochester would be abated. Other opportunities are offered on Sacandaga

river and other tributaries to the Hudson, on Raquette river, and on

Black river, where a system of several reservoirs is proposed. Many

smaller projects are also under consideration. It is estimated that

$20,000,000 would be sufficient to build the reservoirs whose

construction is justified under present conditions.

_Problems Involved With Water Storage_

There are in general two acceptable methods of reducing or preventing

floods. The storage of the water which constitutes the hood wave, or a

considerable portion thereof, is doubtless preferable if there is a site

for a reservoir of sufficient capacity and the construction is not too

expensive. The other method consists of widening, deepening, and

straightening the channel. In recent years, the public has been rather

generally educated to believe that storage reservoirs constitute the

universal and easily applied remedy. There are many rivers in New York

State on which this method may be used effectively, but on many others

the absence of basins of sufficient capacity or the excessive cost

preclude the possibility of complete flood control in this manner.

The problem of absolute flood control is, however, more complex than the

foregoing simple statement would imply. One complication arises from the

fact that the damage from floods in New York State is often increased by

the formation of ice gorges. The formation of these gorges cannot be

prevented by an ordinary system of storage reservoirs, although the

temporary holding back of the ice in a reservoir would in a few cases

undoubtedly be of some assistance. It seems that the most effective

method of dealing with this condition consists of keeping the ice broken

up on the reaches of the stream where gorges are most likely to form,

and thus provide a clear passage for ice brought down by floods. This

method would probably work hardships or inconvenience to the ice

harvesters on some of the rivers; but the protection afforded to

property would doubtless more than offset the disadvantages. The State

has entered upon a policy of protecting property in this manner along

the Hudson below Albany.

Another condition by which floods are greatly aggravated is the

obstruction of the channel by insufficient bridge openings and other

structures. The cause may be ignorance as to volume of flood run-off, or

in the struggle to realize a large ultimate income from a small present

investment the possibility of occasional damages may be carelessly

disregarded. This encroachment on the channels of streams should be a

matter for official regulation, and deserves more public attention than

has yet been given it in this country.

Perhaps the complication which involves the most difficult problems of

construction and operation of flood-control works is that of combining

adequate flood protection with equalizing of stream-flow for the

development of power and other purposes. To materially ameliorate flood

conditions on large rivers usually requires the provision of an enormous

amount of storage; logically, the larger the proportion and the greater

the capacity, up to a certain limit, the better the control. On many

streams it is doubtless feasible to build systems of reservoirs which

would entirely do away with destructive floods, provided the reservoirs

be intelligently operated solely for flood control. It must be frankly

admitted, however, that the ideal use of storage for flood control is

not entirely consistent with the best use of the same storage for

equalizing the flow throughout the year. For the purpose of ideal flood

control, the reservoirs should be emptied of accumulated flood waters

immediately after the flood has subsided and as rapidly as possible

without swelling the stream to dangerous proportions, in order to have

the storage available for another flood. On the other hand, for the

purpose of equalizing the flow as completely as possible throughout the

year, the reservoirs should only be drawn upon when necessary to

supplement the natural flow in the stream in order to maintain the

desired average flow. Theoretically, if the extremes both of the rate

and volume of flow of the stream can be determined (which usually

requires very long records of discharge), and if sufficient storage be

provided for the absolute equalizing of the flow, the solution of both

problems would go absolutely hand in hand, and flood control by storage

would be synonymous with ideal equalization of stream flow. The most

practical solution, where conditions will permit, seems to be to

provide an excess of reservoir capacity so that the portion of the

reservoir above a certain elevation may be reserved entirely for flood

control while the portion below that elevation may be used for

equalizing the flow of the stream. This plan has been proposed by the

Commission in the case of the projected Portage reservoir on Genesee

river.

Undoubtedly the greatest economic problem involved in a study of flood

control is that of the adjustment of the relative rights of the

residents of the upper and lower sections of the river valley. From the

point of view of each the matter calls for different modes of treatment.

The up-river resident believes the solution of the problem will be found

in facilitating the passage of the flood by his district. This may

result in discharging a great volume of water on the communities

down-stream at a time when it would swell the crest of the flood in that

section. The down-stream resident naturally has to contend with a much

larger volume of water, so that to restrict it to a channel of moderate

dimensions is out of the question, and he therefore prefers an

arrangement whereby the surface waters from the upper stream may be at

least temporarily stored in the basins containing the lands of his

up-stream neighbor. The Water Supply Commission has held that the proper

disposition is the improvement which will work the greatest good to the

greatest number, provided there is a distinct economic advantage to the

community in the river valley as a whole.

The matter of municipal water supply is likely to be involved in some of

the great storage projects, also the water supply for the canals of the

State. Several streams on which water storage is practicable are at

present or will be in the future used as sources for canal water supply.

The plans contemplated by the Commission would result in insuring the

sufficiency of these supplies, but the uninterrupted maintenance and

protection of a constant water supply during the navigation season is

undoubtedly essential to the proper operation of the canal system. In

these times of extensive municipal water supply systems, it seems

reasonable to assume that there may be instances in the practical

working out of a comprehensive plan of water conservation where the

project of water supply for a municipality or group of municipalities

may be combined with a water-storage project to good advantage. At any

rate the careful and prolonged study which has been made of municipal

and domestic supplies by the Water Supply Commission has given it a full

appreciation of their prime importance, and the Commission believes that

in any water-shed the question of municipal water supplies should be

given first consideration.

It has been believed by many that the State, in the exercise of its

police power, could construct storage reservoirs which involved the use

of some of the State's forest lands in spite of the constitutional

provision that "The lands of the State, now owned or hereafter acquired,

constituting the Forest Preserve as now fixed by law, shall be forever

kept as wild forest lands," and that "They shall not be leased, sold, or

exchanged, or be taken by any corporation, public or private, or the

timber thereon be sold, removed or destroyed." The River Improvement

Commission considered the constitutional question thus involved, and

reached the conclusion that the force of this prohibitory clause in the

constitution was paramount to all exercise of the police authority of

the State to protect the public health and safety, and it declined

further to consider any petitions involving the utilization of State

forest lands for the construction of storage reservoirs. The Water

Supply Commission has held practically the same view of this question

and has accordingly recommended to the Legislature that the Constitution

of the State be so amended as to permit the flooding of State forest

lands for the purpose of constructing storage reservoirs which are to be

forever owned, maintained, and controlled by the State for the public

use and benefit and for the purpose of providing a public revenue.

The conservation of the water resources of the State on a broad and

comprehensive basis, which shall give practical consideration to the

most favorable natural opportunities and produce the most beneficial

results necessarily involves the flooding of relatively small areas of

State forest lands in the Adirondacks. The surveys indicate that 55,000

acres of State land would be required for a complete system of water

storage, including many reservoirs likely to be built only in the

distant future, if ever. Even this total of 55,000 acres is only 3.9

percent of the State's holdings within the boundaries of the Adirondack

Park; of this amount about four-fifths is low swampy land or is under

water, and only one-fifth, or eleven thousand acres, is of any

considerable value for forest purposes. This question of the amendment

of the Constitution is under consideration by the State Legislature.

The drainage of swamp lands is another problem which tends to complicate

rather than simplify the water-storage situation. There are within the

State extensive areas of swamps whose owners would like to have them

drained and reclaimed for agricultural purposes. Some projects of this

character have already been carried out, but the questionable

constitutionality of most drainage laws has interposed to retard any

very widespread reclamation movement of this character. Here again the

desires of the up-stream and down-stream residents do not harmonize. The

down-stream riparian owner, especially if he operates a water-power,

objects to the drainage of those marsh lands on the ground that they

constitute a natural storage reservoir which operates to steady the flow

of the stream. His solution of the problem would be to build dams across

the outlets from these great swampy tracts and thus increase their

capacity for storage. In some instances it appears to be entirely

feasible to do so, while at the same time it seems equally practicable

to secure the necessary storage by raising the surface of some existing

lakes and subjecting them to some fluctuation. The question enters as to

whether it is not better to flood a comparatively small additional area

around the shores of existing lakes in order to secure the required

storage and then drain and reclaim swamp lands for agricultural

purposes.

By special act of the Legislature in 1909 the Water Supply Commission

was given jurisdiction over certain local improvements to streams which

contemplated the betterment of both the sanitary and scenic conditions.

Certain lakes in the State are bordered with large areas of unattractive

swamp and stump land which the local residents would prefer to have

permanently submerged. It is claimed that the scope of improvement would

include not only benefits to the conditions affecting the health of the

community, but that such improvements would in a number of instances

result in rendering the region more attractive, especially to summer

visitors seeking recreation and health. It is also pointed out that in

some instances the interior navigation on some of the lakes would be

materially improved, and that the community would materially benefit

from the improvement in this manner. The State has already carried out

some improvements of this nature, and it seems quite probable that there

are possibilities of a number of similar improvements. The problem does

not appear to enter into the larger storage reservoir projects, and has

not been given very extended consideration by the Water Supply

Commission.

New York State and her citizens are justly proud of her scenic falls. Of

these the American Falls of Niagara are doubtless the most widely known.

There are, however, other falls on streams within the State which

constitute local attractions of great interest in their respective

communities. The Salmon Falls on Salmon river in Oswego County, the

series of falls in Letchworth Park on the Genesee, and High Falls on the

Ausable are prominent examples. The Water Supply Commission entertains a

deep appreciation of the esthetic value of these beautiful masterpieces

of the hand of nature, and believes intrinsically in their preservation.

This attitude of the Commission is exemplified in the plans for the

proposed Portage Falls power development, which provide for a flow

greatly in excess of the minimum flow over the falls for a period of

twelve daylight hours in each day. On the other hand, the Commission

sees also the wonderful amount of quiet comfort which would be afforded

to modern civilization by electric light and the many other applications

of power which can be generated by the waters running over some of the

falls of the State. The major part of the surplus water is wasted in the

spring months of the year, and does not contribute in any appreciable

measure to the scenic beauty of the falls; on the other hand, the

natural flow of the streams frequently is reduced to such a low rate

that the falls lose something of their attractiveness. It will doubtless

prove practicable in connection with power developments at some of the

naturally attractive falls in the State to insure a larger minimum flow

in the dry weather as well as to conserve the great amount of power at

present running to waste over the falls in the wet season.

In humid climates irrigation is admittedly more or less of an

experiment. Its financial feasibility seems to depend on its being

considered a matter of insurance against the failure of crops in seasons

of low rainfall. There have been a number of scattered experiments

carried on at different places in the State, but the plants used,

especially in the older experiments, were comparatively complicated and

expensive. The equipment for one particular set of experiments cost

about $500 per acre. More recent experiments have been conducted in

sections of the State where the precipitation is light during the

growing months, and in fact throughout the year, and with a less

expensive and a more generally practical equipment. In a few instances,

which have been brought to public attention, the experimenters have been

able to raise excellent orchards and garden products by means of a

comparatively inexpensive irrigation plant, whereas other portions of

the gardens and orchards of the same farms did not produce results

nearly as satisfactory. One successful experimenter claims that he has

made 20 percent interest on his investment by the installation of a

small irrigation plant. The precipitation records show that there are

portions of New York State where the rainfall during the crop-growing

months does not amount to more than one-fourth or one-fifth of the water

which is applied to the same crops where irrigation is conducted on a

broad scale. The subject has not been entered into in great detail by

the Water Supply Commission owing to the fact that its statutory

jurisdiction does not seem to justify such a study, but it appears that

the possibility of such use of at least a portion of the water supply of

the State should be borne in mind and its development carefully watched

in connection with the formulation of a general plan for the

conservation of the water resources of the State by means of storage

reservoirs.

_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.

While it is wise for the Federal and State governments to take what

steps they may to prevent the wasteful destruction of certain natural

resources like our minerals and forests, yet if all this be done and

with the thoroughness that the most ardent of us could demand, still the

great problem of Conservation taken as a whole would scarcely be

touched. The utmost that the Government can do directly, though of

considerable magnitude in itself, is relatively of small importance.

Even meetings like the present one have a significance and value only as

they inaugurate and vitalize Conservation movements more important and

extensive than any Government can ever hope to bring about by direct

means.

This principle applies to the greatest degree in instances in which

control of the natural resources has already passed to the individual

owners. It applies with even added force when such ownership lies in

agricultural lands. The reason for this lies in the fact that of all

natural resources the soil is by far the most important, and, further,

that conservative principles and practices apply with greater directness

and profit there than in any other field. The conservation of this

season's plant food and soil moisture means next season's crop. Through

plant and animal breeding the more prolific and profitable strains are

conserved, and through battle with plant and soil diseases and with

pests of all kinds we conserve the purity of our soil and the crops that

we grow. Such active and constant exercise of Conservation as this may

be, in a field that directly affects our entire population in the most

vital and direct manner possible, is a matter for our most earnest

consideration.

What is being done to train the great body of mankind to whom this

important task of Conservation is entrusted; and are the present

measures adequate?

Aside from legislation pertaining to weeds, plant diseases, and insect

pests, there is little that can be done directly to enforce Conservation

measures. The friction encountered in enforcing even this body of laws

indicates the difficulties that arise when public restrictions come into

conflict with private enterprises. True, it is a crime to waste the

fertility of the soil on which the very existence of the race depends;

but until all our traditions change, the only punishment that will be

visited upon the offender is not from the legally constituted State but

from nature herself. He whose will is to rob and skin the land may not

be reached by legal process, but he must be taught that the penalties

which an outraged nature exacts are as inexorable as the Blind Goddess

ever pronounced.

While there always will be fools that can learn only in the school of

experience, yet the great majority are glad to find an easier and

cheaper way.

Back of the Conservation of the farm must lie the education of the

farmer; and greater than all the other problems of Conservation is this

one. We are barely entering upon this field, for the reason that the

fund of knowledge upon which this education is to be based has been but

recently acquired. Our knowledge of the soil in its relation to plant

growth, the control of plant diseases, and the laws of plant

improvement, have all come to us in recent years. Still, much as there

is yet to determine, there is already a vast fund of knowledge of untold

worth; but means are not yet provided for making it useful and

effective.

Speaking for North Dakota, such natural resources as she possesses,

aside from her soils, are being well protected and conserved through

public measures already in force. Her vast fields of lignite coal

underlain with valuable clays have been withdrawn from homestead entry,

and hereafter only surface rights in these lands will be granted.

Such forests as the State originally had have long since passed into

private hands, and the land has mostly been cleared for farming. In

North Dakota, forestry, like agriculture, will be operated by the

individual land owners for their direct if not immediate benefit. It may

be found advisable to plant public forests in parts of the Bad Lands and

other rough areas, but by far the greater part of tree planting will be

done upon small areas on the individual farms. The State already

encourages such planting by a bounty paid in the remission of taxes.

This is not enough. The land owner in most cases does not know what

trees will prove the most profitable, nor how they may best be grown.

Here again the one necessity is education. Object lessons in tree

planting should be established in each community, and all pupils in the

public schools should be shown how to grow a grove of trees. Such a

system would produce immeasurably greater results in the way of timber

production than would come from the public forests, important as these

doubtless are.

But agricultural education will conserve something more than the

fertility of the soil and the vitality and purity of our crops. It means

also the conservation of a prosperous, virile, self-dependent, and

intelligent people. It means a prosperous people, for no cost of

education of the right kind was ever known to impoverish a people, and

no expenditure rightly made could ever equal the gain. Conservation can

never be expected of the ignorant. Conservation is but the larger and

more altruistic expression of the term known as thrift; and ignorance

and poverty know it not. The means for extending and improving

agricultural education will develop and expand in the same measure that

we apply ourselves to the problem.

Agricultural colleges have not rendered the assistance that they should

in extending agricultural education, because their field has been too

restricted. Excellent as their instruction may be, it reaches only a

very small percentage of our people directly. Their scope and activities

must be enlarged till their influence is felt in every community. They

should not be shut out from participating in the work of general

education as they now are in many instances. In a measure we repudiate

the findings of science, and discount the progress we have made, in not

providing a wider application for our researches. There is at present no

adequate means for the dissemination of the vast body of knowledge that

alone will save to us our own great underlying industry of agriculture.

The world has oftentimes tried the experiment of building a State upon

other foundations than that of a conservative agriculture and an

intelligent and prosperous agricultural class, and always with the same

fatal outcome. The grandeur of cities, the glory and might of great

armies, the highest culture in the arts, and the noblest of religions

and philosophies, will not suffice to save the nation that knows not

nature and defies her laws. That State but hastens the day of its own

destruction that fails to train its citizens in the right use and

management of their land holdings. No jealous interest of whatever worth

in itself should be given consideration at the expense of that which

maintains all of our interests.

North Dakota has been favored by nature with a soil so productive that,

properly tilled and conserved, it will feed one-tenth of the present

population of the entire Nation. It is an asset such as few nations

ever possessed, and it should be so safeguarded that its great

contribution to the Nation's existence may steadily increase. The one

way to do this is to teach the land owners that Conservation in

agriculture means not only patriotism and good citizenship but

prosperity as well, that useful education at any price is always cheap

and ignorance costly, and that no values can be more stable and certain

than those lying in productive farm lands.

The patriotic sentiment that leads men to sacrifice time and money that

our natural resources may be conserved is most commendable. Of still

more service is he who aids in developing a system of education that

shall teach men to conserve the natural resources entrusted to their own

hands. The task is a great one, but not beyond the range of possibility;

and upon its successful accomplishment rests the welfare of the whole

Nation.

REPORT FROM OHIO

WILLIAM R. LAZENBY

_Ohio State University_

_Chairman Executive Committee of the Society for Horticultural Science_

The welfare of our country, as well as that of the States composing it,

depends on a wise Conservation of its rich and varied natural resources.

Many of these resources have been so bountiful, and apparently so

inexhaustible, that we have drawn upon them without a thought of their

limitations of the dire effects of their exhaustion.

Speaking especially for Ohio, I trust it will be understood that by

"Conservation" I mean an honest effort to make that State a good one to

live in for all of us now there, and for all who may come after us.

In addition to the three problems named below, other Conservation

questions will doubtless require attention; but for these, every

instinct of justice and humanity insists that we accord them instant and

earnest consideration.

1--_The Forestry Problem_

I place this first, because the influence of the forests is so

far-reaching, and we have no clear-cut, well-defined policy in Ohio

designed to preserve, improve, and extend our forests.

Ohio has an area of 41,000 square miles, and has been tremendously rich

in hardwood timber. We have cut down this timber most improvidently,

with no effort to restore the supply, and so far as the State is

concerned are now on the verge of a timber famine. In 1900, according to

the Twelfth United States Census, Ohio ranked seventh as a

lumber-producing State, being exceeded by Michigan, Wisconsin,

Pennsylvania, New York, Minnesota, and Maine. Since then she has dropped

to the nineteenth rank, and bids fair in the near future, unless prompt

and vigorous action is taken, to have so little timber left as not to be

rated at all. The effects of this wholesale removal of our forests may

be briefly summarized as follows:

(1) We are compelling those who come after us to pay an almost

prohibitive price for lumber, and are likely to see an end of some of

the most important wood-consuming industries of the State. As a source

of wood supply our forests touch the interests of all. We are a

universally wood-consuming as well as food-consuming people.

(2) The recent floods in the river-valleys of Ohio, which have caused

losses of life and of property valued at millions, have followed and

will continue to follow the denudation of our hills by excessive

tree-cutting, followed by fire.

(3) In many places the erosion or wash caused by the rapid run-off of

the rain and melting snow is reducing the deforested hills to barren

wastes, and is covering much of the fertile soil of the valleys with

sterile sand and gravel.

The forest problem is the great Conservation problem in Ohio. It affects

the State, because it concerns every citizen of the State, and it can

only be solved by action of the State and the Nation.

2--_The Waterway Problem_

In my opinion this question comes next in importance. By waterways I

mean not only navigable streams and canals, but power sites on

non-navigable as well as navigable streams. If the forests are properly

managed, water will be an unfailing source of power. No few men, nor any

special interest, should control these sources of power, for this means

a control of all industry that depends on power. Our waterways may not

be so enormously valuable as those of some other States, and this is all

the more reason why they should be conserved for the public good.

We shall be needlessly mortgaging the future by allowing any special

class or interest to use our waterways and water-power sites without

making some direct payment for these valuable privileges. This is

important not only for State revenue, but as a recognition of the

principle that what belongs to the people should not be absolutely

surrendered to private interests. There is great value in our

undeveloped water-power. An engineer's inventory of all the waters of

the State, with their possibilities of power, would cause Ohio to sit up

and take notice.

If forests and waterways were properly conserved, we would hear less

from railroads and power companies of the enormous bill of expense from

floods at one time, and loss from low water at another.

3--_The Mineral Problem_

Ohio is rich in coal, oil, gas, stone, clay, sand, and other mineral

resources. These should be carefully catalogued, so that the people

could know more about the material assets of the State.

Mineral lands should be sold only to those who are prepared to develop

them, and under conditions that will prevent the improvident waste of

reckless exploitation. For the present it is probable that the actual

development or working of the mineral properties of the State can best

be done by private interests acting under some public control, but the

State has no moral right to permit such valuable privileges to pass from

its control for nothing in return. It is only by some form of National

and State Conservation that we can secure an abundant and continuous

supply of such primal necessities as wood, water-power, and coal.

* * * * *

The control of animal diseases and of insect and fungus pests that are

spread by interstate transportation, and the preservation of migratory

birds, which are our best allies in fighting injurious insects, are

vital subjects for the consideration of a National Conservation

Congress. The control and destruction of enemies and the protection and

multiplication of friends by the concentrated and cooperative action of

the States are subjects that clearly come within the scope and interest

of National Conservation.

Conservation can only be effective by good laws faithfully executed. By

proper legislation we can encourage the reforestation of our denuded

hillsides and stimulate the planting and care of valuable timber trees

through relieving such land from undue taxation. Timber should be taxed

like other property, when cut; but to tax land and its timber crop every

year is manifestly unjust.

In order to rightly conserve our forests we should furnish good

opportunities for young men to become well trained in forestry. For this

our schools of forestry must be well equipped. I am pleased to state

that Ohio has made a splendid beginning in this direction; and there is

no reason, if properly supported, why this centrally located State

should not have one of the best forestry schools in the country.

What is needed to properly investigate the conditions and formulate a

Conservation policy for the State is a good Conservation Commission. In

addition to this, we need more thought, more study, more science, on the

part of the public, concerning the natural resources of the State, with

less blind devotion to the old ways and means of doing things, which if

ever judicious, have long ceased to be so.

REPORT FROM OKLAHOMA

BENJ. MARTIN

I have the honor to represent as a Delegate to this Congress the

Muskogee Commercial Club of Muskogee, one of the leading organizations

of Oklahoma, under the influence of which the city of Muskogee grew from

a town of 4,000 inhabitants in 1900 to its present population of 30,000.

A distinguished citizen of a neighboring State, on a recent visit to our

city, constituted himself a Grand Jury and indicted each citizen of

larceny. He charges that Oklahoma for years had been stealing from the

other States of the Union some of their best brain and brawn, until now

we have approximately two millions of the choicest sons and daughters of

the American Republic. To this indictment we now offer ourselves for

arraignment before this Congress, and plead guilty, and we are ready to

receive our sentence without a plea that justice be tempered with mercy.

As to other charges of wrongdoing on the part of some of Oklahoma's

distinguished sons, which have been much heralded in the press, I most

emphatically enter a plea of "Not guilty," either in law or morals; and

time will completely vindicate them.

The resources of Oklahoma are vast, far beyond the conception or

knowledge of those who have resided within her borders for many years.

Conservation is of particular importance to us, for yet our resources

are practically in their virgin state. We heartily join hands with you

of our sister States in this great movement, in my opinion due to the

work and wisdom of Gifford Pinchot more than any other American citizen.

However, his ideas and earnestness were very fully and heartily

appreciated by that foremost American, Theodore Roosevelt, to whom for

his great work in inaugurating and fostering Federal Conservation we

give honor.

Chief among our resources are the vast variety of agricultural products

which grow in great abundance. In the same field may be seen growing

enormous yields of corn, cotton, oats, wheat, and alfalfa. No other

State can excel Oklahoma in the production of these products. We join

the great corn-belt of Illinois and Iowa in singing the song of

Whittier--

Heap high the farmer's wintry hoard,

Heap high the golden corn;

No richer gift has autumn poured

From out her lavish horn.

Let other lands exulting glean

The apple from the pine,

The orange from its glossy green,

The cluster from the vine.

We better love the hardy gift

Our rugged vales bestow,

To cheer us when the storm shall drift

Our harvest fields with snow.

The following extract is from the First Biennial Report of the Oklahoma

State Board of Agriculture:

"Oklahoma is the greatest country on earth, not only because we can grow

everything here that can be grown anywhere else in the United States,

but because many crops we can grow here are decidedly more profitable

than are crops of like character in many other sections of the country."

We join our sister States of Pennsylvania, West Virginia, Tennessee,

Alabama, and others in the endeavor to conserve their vast deposits of

coal, not solely from patriotic motives, but also because of our

extensive coal, oil, and gas fields, only a small part of which have yet

been developed. The supply of timber in the eastern and southeastern

portions of our State is worthy of the consideration and protection of

the Conservation movement. Particularly rich is our State in its streams

of water and its water-power. The principal rivers are the Arkansas, the

Grand, the Verdegris, the Canadian, the Cimarron, the Washita, and the

Red, the latter forming the boundary between Oklahoma and Texas. These

streams within themselves contain great resources, yet in the virgin

state, awaiting but to be developed and utilized by American genius.

I know of no more appropriate way of closing my statement than in the

words of Colonel John A. Joyce--

The rolling hills and mountains,

Without their forest dress

Will soon bring to the Nation

Great hunger and distress;

And if we do not listen

To the scientific strain,

The soil of grand Columbia

Will be washed away by rain.

Brave nature in her glory

Works for animated things,

And tells the old, old story

Of feeding serfs and kings;

But man, obtuse and greedy,

Will not listen in his pain

To the poor, and weak, and needy,

Who must live by sun and rain.

We must save the soil and water,

Or a desert there will be

For wife, and son, and daughter,

In this land of Liberty.

And the Congress of the Nation,

Must now listen to the brain

Of our scientific sages

Who would husband soil and rain.

REPORT FROM OREGON

E. T. ALLEN

_Assistant Secretary Oregon Conservation Commission_

Oregon's chief Conservation advances of late have been the passage of

progressive water laws, by the effort of the State Conservation

Commission, and the progress of private timber owners in the prevention

of forest fires. The most urgent task now on hand is to secure more

liberal State aid in forest protection.

Immediately following the Conference of Governors at the White House in

1908, Governor Chamberlain appointed for Oregon a Conservation

Commission of 15 members. This semi-official Commission was reduced to 7

members, and given statutory standing and a small appropriation, by Act

of Legislature filed February 23, 1909. Its work is "To ascertain and

make known the natural resources of the State of Oregon, and to

cooperate with the National Conservation Commission to the end that the

natural resources of the State may be conserved and put to the highest

use."

No legislative session has been held since the statutory Commission was

appointed. In its earlier form, however, it recommended and secured the

passage, by the same Legislature which gave it official standing, of a

workable law for the development of Carey act projects, and one for

complete State control of waters within the State. Both have proved

excellent, no defects of importance having developed.

Proceedings of the second National Conservation Congress at Saint Paul, September 5-8, 1910 · 第 3 / 6 章