Mr. Harts. 
354 DISCUSSION : FORESTS, RESERVOIRS, AND STREAM FLOW 
hearty enthusiasm of the engineer officers in charge of the work, as 
seems plain in reading their many reports. Whether the interests of 
navigation were the predominant ones, or whether the incidental bene- 
fits were the most important, it is clear that Congress, in appropriating 
money for these reservoirs, intended to accept no responsibility for the 
expenditure of public funds in such a way as to make private benefits 
the main object of the appropriation. In the law of July 5th, 1884, 
we find the following: 
“For continuing operations at the headwaters of the Mississippi 
River, sixty thousand dollars: Provided, That the money hereby 
appropriated shall be used solely for the improvement of the naviga- 
tion of the Mississippi River and its tributaries, and no part thereof 
shall be expended with the view to the improvement of private 
property.” 
It would solve many questions if the United States could be 
involved in this question so that its right of eminent domain could 
be used to obtain possession of such areas as are necessary for the pro- 
duction of water-power for industrial purposes. There seems, how- 
ever, to be no warrant in law for such a course. The following is 
quoted from General Mackenzie’s report on the questionable legality 
of any such efforts :* 
“Regarding the proposition to empower the Secretary of War to 
authorize the use and development of the water-power at localities not 
improved by the United States, it should be borne in mind that 
natural water-power—that is, power made available by the existence 
of natural falls and rapids in a river—is appurtenant to riparian 
ownership, and the right to use it is governed by State laws on the 
subject of private property. As above set forth, the Federal Govern- 
ment can regulate and control it only to such extent as may be neces- 
sary in the interest of navigation.” 
It may be pertinently asked whether these dams and their con- 
trolling works could be operated successfully if built. Even assuming 
the reservoirs in place, all legal questions of riparian and other owner- 
ship solved, the safety of the dams assured, and the system ready and 
waiting to spread far and wide its benefits, would there be found any 
one competent to regulate the flow of water through these dams, taken 
as a system, so that when a flood threatened the reservoirs would be 
empty to receive it, and when a drouth came they would be full and 
ready to supply water for navigation, water-power, irrigation, and 
other necessities? Is it within the scope of ordinary human ability 
to do such work without constant and vital errors, and with any degree 
of satisfaction to those affected? We know how difficult it is to pre- 
dict, even a few hours ahead, what will happen in the way of precipita- 
tion. Does it seem reasonable to expect the regulation of the flow 
*Cir. 13, Office, Chief of Engineers, 1905. 
