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<br />000408 <br /> <br />-8- <br /> <br />sense of Congress that flood control on navigable waters or <br /> <br />their tributaries is a proper activity of the Federal Government <br /> <br />in cooperation vdth States, their political subdivisions, and <br /> <br />localities thereof; that investigations and improvements of rivers <br /> <br />and other waterways, including watersheds thereof, for flood- <br /> <br />control purposes are in the interest of the general welfare; <br /> <br />that the Federal Government should improve or participate in <br /> <br />the i'llprovement of navigable waters or their tributaries, <br /> <br />including watersheds thereof,. for flood-co:1trol purposes if <br /> <br />the benefits to whomsoever they may accrue are in excess of <br /> <br />the estimated costs, and if the lives and social security of <br /> <br />people are other,Iise adversely affected." <br /> <br />3. The interest of the Government in the development of hydroelectric <br />to <br />energy in connection with river improvement goes bac~as early as 1879. In that <br /> <br />year the Secretary of War was authorized to lease the water power at Moline. <br /> <br />There are many Acts of Congress and decisions of the Supreme Court of the <br /> <br />United States shmving the gradual formulation ot the Federal interest in power <br /> <br />development over the years. May we note only a few. In 1898 the United Jtates <br /> <br />Supreme Court in Green Bay and Mississippi Canal Company vs. Patten Paper Company, <br /> <br />(172 U.S. 58) upheld the right of the Federal Government to dispose of water <br /> <br />power at a navigation dam, pointing out that the (,overnment could thus reimburse <br /> <br />itself for the expense of the improvement. In 191~ the Congress (Act of July 25, <br /> <br /> <br />1912, 37 Stat. 201) provided that the Secretary of ~ar is authorized to install <br /> <br />in the permanent part of a dam for the improvement of navigation such founda- <br /> <br />tions, sluices and other vlOrks as may be considered desirable for the future <br /> <br />development of water power. Also in 1912 a subcom~ittee on the Judiciary <br />