88 Fourth Annual Report of the 



Benefit to Mill Owner from Increase of Power 



It is generally conceded that the benefit to the mill owner de- 

 rived from the increase of power is by far the more important. 

 In order to secure proper regulation reservoirs must be con- 

 structed, maintained and operated. How shall these be con- 

 structed, and the cost thereof be paid ? Shall the State as a whole 

 contribute toward the expense of construction, maintenance and 

 operation, on account of these benefits to public health, safety 

 and welfare? 



If the policy of stream regulation were made general throughout 

 the State the benefits derived therefrom would directly or in- 

 directly reach our entire population; and there seems, therefore, 

 no just or equitable reason why the State as a whole should not 

 contribute toward the cost of such development. 



With regard to these questions we find that the Constitution 

 provides that 



" The Legislature may by general laws provide for the use 

 of not exceeding three percentum of such lands for the con- 

 struction and maintenance of reservoirs for municipal water 

 supply, for the canals of the State and to regulate the flow 

 of streams. Such reservoirs shall be constructed, owned and 

 controlled by the State, but such work shall not be under- 

 taken until after the boundaries and high flow lines thereof 

 shall have been accurately surveyed and fixed, and after pub- 

 • lie notice, hearing and determination that such lands are re- 

 quired for such public use. The expense of any such im- 

 provements shall be apportioned on the public and private 

 property and municipalities benefited to the extent of the 

 benefits received. Any such reservoir shall always be op- 

 erated by the State and the Legislature shall provide for a 

 charge upon the property and municipalities benefited for 

 a reasonable return to the State upon the value of the rights 

 and property of the State used and the services of the State 

 rendered, which shall be fixed for terms of not exceeding ten 

 years and be readjustable at the end of any term." 



This provision of the Constitution is applicable to a very large 

 proportion of our inland streams, which have their source in the 

 Forest Preserve counties ; and the fair inference is that the people 



