SUPPLEMENTARY PROCEEDINGS (continued 2)

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—

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—

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.

The Oregon water law, in particular, is generally regarded as an example of good State action. It is based on the police power of the State to preserve the public peace and safety of its water users. Under this law, rights to the use of water for power development are limited to a period of 40 years. A simple and expeditious method is provided for determining early water rights, protecting existing rights, and acquiring new rights. Prior rights are determined by a Board of Control consisting of the State Engineer and the division superintendents of the two water divisions into which the State is divided. Established rights are protected by a water master in each district of a division, acting under the direction of the division superintendent. He may make arrests and compel the installment of suitable devices for controlling the use of water. New rights are granted by certificate of the Board of Control, after proof, under a system based on priority of application and beneficial use. Water for irrigation is made appurtenant to the land irrigated. Oregon also has a law providing for a State tax, on a horsepower basis, upon water-power projects.