History of Alabama and dictionary of Alabama biography, Volume II, Part 124

Author: Owen, Thomas McAdory, 1866-1920; Owen, Marie (Bankhead) Mrs. 1869-
Publication date: 1921
Publisher: Chicago, The S. J. Clarke publishing company
Number of Pages: 724

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This channel has been completed. In 1914 an effort was made to induce Congress to authorize the construction of a 30-foot chan- nel, but without success.

REFERENCES .- Reynolds, Sketches of Mobile (1868), p. 7; Lewis Troost, Report on Mobile Harbor. Feb. 4, 1867 (Mobile, 1867), pp. 6-7, 9-10; Mobile Commercial Club, Mobile up to date (1895), pp. 16-17; Mobile: Statement of water-borne commerce of port and rivers (n. p., n. d.).

WATER POWER. Energy developed by large volumes of water having a considerable natural fall, or artificially impounded so as to create the equivalent of a natural fall; and generally utilized directly, by application to hydraulic machinery, or indirectly, by con- version into electrical power. The water powers of Alabama are dependent for their location and volume not only upon the topog- raphy, but also upon the geology of the coun- try through which the water courses flow: Generally speaking, the more notable falls and rapids occur where the streams pass from an older to a younger geological formation. For example, the falls at Tallassee on the Tallapoosa and the falls and rapids above Wetumpka on the Coosa occur where the streams flow from the crystalline to the Cre- taceous rocks; and the shoals on the Cahaba, the Black Warrior, and the Tennessee Rivers, at the junction of the Paleozoic with the Cre- taceous. However, some of the streams whose courses lie wholly within the Coastal Plain are susceptible of valuable water-power development because of their large volume of water and considerable fall.

The Tennessee, Coosa, Tallapoosa, Warrior, and Cahaba Rivers, with their numerous trib- utaries, possess potential power amounting to many thousands of horsepower; but the greater part of this energy is not yet utilized. Many of these unutilized powers are con- veniently located for running cotton factories and other manufacturing plants, and also for electrical plants to supply light and power to cities.

Since the early settlement of the State many of the falls and shoals, especially those on the creeks and smaller rivers, have been used to run flour and gristmills, and cotton gins, and even to operate forge-hammers in some of the earliest furnaces; but in very few cases have any permanent works been con- structed, the dams and other structures ordi- narily being built of wood. These small water-power developments were located and constructed without regard to the future nav- igation possibilities of the streams, and some- times became obstructions rather than im- provements when navigation was commenced.

The magnitude of the water powers of the State and the benefit to be derived from their proper development were recognized by many men, both In public and private life, for years before any large water-power plant was estab- lished. In his Report of 1873 Mr. Thomas Lambert, State commissioner of industrial re- sources, called attention to the water-power

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possibilities of Alabama streams, and recom- mended public encouragement of their early development, as follows:

"The undeveloped water power of this State deserves more attention than has hitherto been bestowed upon it. In many of our streams there are falls which would prove a great value for propelling machinery. Spe- cial mention may be made of the Tallapoosa river. That stream enters the State, from Georgia, in Cleburne county. It descends for a distance of one hundred miles, through the counties of Cleburne, Randolph, Tallapoosa and Elmore, forming a junction with the Coosa midway between Wetumpka and the city of Montgomery. The river and many of its tributaries afford ample and advanta- geous water power for milling and manufac- turing purposes. There are also fine sites for mills and factories on numerous streams in the counties of Shelby, Talladega and St. Clair. In Winston county, at what is known as Clear Creek Fall, there is an admirable site for any kind of manufacturing. There is also superior water power in Lauderdale county. It has already been developed to some extent. On Cypress and Shoal creeks cotton factories have been erected and oper- ated with complete success. The success might be amplified to almost an indefinite extent.

"On the Coosa river there are numerous falls from Greensport to Wetumpka, a dis- tance of 130 miles. Each of these falls is a favorable site for a factory, or indeed, for numerous factories. The opening of this portion of the Coosa by a system of slack water navigation is a subject to which some attention has been given. Such an improve- ment would result in the immediate develop- ment of the latent resources of an immense mineral region. Incidentally the dams and locks erected to secure a slack water naviga- tion would afford water power sufficient to drive any amount of manufacturing and min- eral machinery that could be desired.

"There is good water power in other local- ities. But what is mentioned shows con- clusively that Alabama offers the most favor- able inducements to capitalists seeking in- vestments in manufacturing enterprises. In the manufacture of cotton, especially, our State has advantages which cannot be sur- passed. We produce the raw material, and machinery may be run through the entire year. Our winters are so mild that there is not the slightest interruption from freezes. In the business of manufacturing cotton in Alabama, a profit of at least twenty-five per cent may be safely depended upon."

State Water-Power Laws .- The laws of Alabama from the first have been liberal, and favorable to the development of water power on nonnavigable streams by owners of the adjacent land. As early as 1812 pro- vision had been made for the condemnation of land needed for the erection of milldams where sites could not otherwise be secured. In 1903 the provisions of the law were broad- ened so as to include the construction of dams

for plants to generate electricity by water power; and additional rights and powers were conferred upon companies or corpora- tions, both domestic and foreign, with respect to acquiring lands and riparian rights, with a view to generating and supplying to the public electricity produced by water power.

In 1907 the foregoing provisions were still further liberalized, with respect to nonnavi- gable streams; and a special act was passed, March 7, to govern the acquirement of land and riparian rights on navigable streams, "for the purpose of developing water power and electrically transforming and distribut- ing the same for the use of the public." This law granted easements for power purposes in the waters and beds of the streams in which locks and dams were constructed for the de- velopment of water power, such rights to be subject only to the provisions that these structures should improve the navigation of the river and develop the maximum water power.

These provisions might seem sufficiently liberal to encourage the most timid promoter of hydroelectric enterprise; but the friendly legislature of 1907 went still further in offer- ing inducements to foreign capital to accept perpetual ownership of the State's water powers. It passed a law, which continues in force, granting exemption from "state, county, and municipal property and privilege taxation of all description, either under gen- eral or local laws," for 10 years after the commencement of construction of the plant of any corporation organized for the purpose of developing hydroelectric power for the use of the public, on its plants, property, busi- ness, and franchises, except only its lands, "in consideration of the benefits to be derived by the public from the development and oper- ation of such properties and plants."

In the preparation of the code of 1907, the code committee of the legislature revised the provisions of the law of March 7, 1907, in many respects. Easement and right to con- struct dams across navigable rivers are now governed by sections 6148-6150 of the code, which provides that:

"Any person, firm or corporation organized for the purpose of improving the navigation upon a navigable river in the State of Ala- bama, and of developing in connection there- with a water power thereof by a dam and lock, or a system of dams and locks, and electrically transmitting and distributing such power for the use of the public, which shall have acquired the necessary lands upon both sides of said river to the extent of at least one more than half of the necessary abutment sites for the said dam or system of dams, and lock or system of locks, and shall have been organized or incorporated for the specific and particular purpose of improving the navigation of and developing water power in connection with a particular and specified river, and has prepared plans for the con- struction of a dam or system of dams and a lock or system of locks appertaining thereto, and filed a copy of said plans in the office

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of the secretary of state of Alabama, together with a certified copy of its articles of incor- poration (if a corporation), which provide both for the improvement of navigation of such river, and for the developing of the full water power of the same over the stretch of river thus to be improved, shall have author- ity to construct a dam or system of dams with a lock or system of locks appertaining thereto in such river, for the improvement of navigation of said river by one or more slack water pools, due to the construction of said dam or dams and the development of water power in connection therewith, and to that end and in consideration of the benefits to the public by reason of the improvement of navigation of such river and the development of water power thereof, as herein provided, is hereby granted an easement for power pur- poses to and in the waters and bed of the river in which dam or system of dams and lock or system of locks are to be constructed, for the full area covered by the slack water pool or pools which will be created by the con- struction of the said dam or system of dams, to the extent necessary for the developing the full power of said river over that length of same upon which navigation is to be im- proved as provided herein, and for providing suitable and convenient sites for the said dam or system of dams, lock, power houses, and other features appurtenant thereto 'and nec- essary for navigation and power purposes, or for either of them, and to the extent made necessary by the impounding, diversion, and conversion of the said waters as the same may be caused by the construction of the said dam or system of dams, or by any other change from the normal state of the said river due to said construction, and necessary for the purpose of deriving the energy there- from.

"Any such person, firm or corporation may exercise the power of eminent domain for the purpose of acquiring such lands as It may be necessary or convenient to flood or other- wise utilize in order to improve navigation as provided in this article, such lands to in- clude as well as all the area submerged, a strip of land fifty feet in width bordering upon the margins of the slack water pool or pools as the same may be defined at the highest stage of the river at any time after the completion of the improvements herein provided for; and the right hereby conferred to exercise such power of eminent domain is cumulative. No person, firm or corporation shall acquire the rights by this article grant- ed unless the dam or system of dams, and lock or system of locks, to be constructed by such person, firm, or corporation are so planned as, when constructed, will by the operation thereof improve the navigation of the river in which the dam or system of dams, lock or system of locks, are to be built, and will develop the full power of such river over the length of same upon which navigation is to be improved as provided in this article. Provided, that such person, firm, or corpora- tion shall commence work upon said dam or system of dams, and lock or system of

locks, within five years from the date of se- curing the consent of the federal government to do so, and shall complete the same within the time prescribed by the United States gov- ernment. Provided, further, that no foreign corporation shall acquire the rights granted under this article until it has complied with the laws of Alabama with reference to for- eign corporations.

"The person, firm, or corporation which . first in point of time, shall have complied with the provisions of this article shall be entitled to all the rights and privileges herein granted; and the operation of this section shall be retroactive."

Federal Control of Water Powers .- Since the passage of the act of Congress commonly known as "the general dam act," approved June 21, 1906, the control of the development of water power on navigable streams has practically been taken out of the hands of the State governments; for by the interposi- tion of the inbibitions and requirements of that act and its amendments, the grants, re- strictions, and regulations of the State in which the water power is situated may ef- fectually be set aside. The conflict between the national policy and laws and those of the State with respect to water-power con- servation, especially in relation to corpora- tions organized to develop hydroelectric pow- er, has been alleged to be the cause of the present comparative stagnation of such enter- prises in Alabama. A struggle has been car- ried on in Congress for several years between the advocates of "conservation" and the ad- vocates of "development" of the unutilized water powers of the country. The literature of the subject has become extensive, and many of the questions raised are yet to be determined. Because of the magnitude of the State's water-power resources, and be- cause of the fact that about 95 per cent of those resources are already in private hands, the questions involved in the present national discussion will continue to be of great interest and importance to her people.

Developed Water Powers .- In 1907 Con- gress authorized the construction of a dam at Lock No. 12 on the Coosa River by the Alabama Traction, Light & Power Co. (Ltd.), through its subsidiary, the Alabama Power Company, for the production of hydroelectric power as a part of a general plan, recom- mended by the United States Engineer Corps, for coordinating the department of the navigation and the water power of the river. The plant at Lock No. 12 has been completed and is in operation. Its maximum capacity is about 100,000 horsepower, but a market for its entire product has not yet been developed. The plan for coordinate improvement of the Coosa River recommend- ed by the Engineer Department contem- plated the erection of dams both on the Coosa and the Tallapoosa, the latter 130 feet high, to form large artificial lakes, or storage reservoirs, the power from which might be used by hydroelectric plants. Later some misunderstandings arose between the water- power company and the Government over the

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requirements of the United States general dam law, and consequently further progress under the plan has not been made.

In addition to the property at Lock No. 12, the Alabama Power Co. owns the following water-power sites in this State: Coosa River- Lock No. 7, 45,000 horsepower; Lock No. 14, 100,000 horsepower; Lock No. 15, 80,000 horsepower; Lock No. 18, 100,000 horse- power; Tallapoosa River-Cherokee Bluffs, 115,000 horsepower; Tennessee River-Mus- cle Shoals, 400,000 horsepower; Sautty Creek 6,000 horsepower; Town Creek, 7,000 horse- power; Little River, 52,000 horsepower; and Choccolocco Creek, 2,000 horsepower. Of these, only the plant at Jackson Shoals, on Choccolocco Creek, has been constructed.

Besides the plants of the Alabama Power Co., the only extensive utiliza- tions of water power in the State are on the Tallapoosa River-the plant of the Tallassee Falls Manufacturing Co., and; that of the Montgomery Light and Water Power Co., 3 miles above Tallassee. There are a number of smaller mills and factories driven by water, each of which develops a considerable amount of power. Among them may be mentioned, a cotton mill and gin- nery at Prattville, Autauga County, develop- ing approximately 200 horsepower; a cotton gin and gristmill on Schultz Creek, Bibb County, generating 100 horsepower; a flour and gristmill at Pinckard, Dale County, 150 horsepower; a gristmill on Big Wills Creek, at Gadsden, Etowah County, 100 horsepower; a flour and gristmill, at Youngblood, in Pike County, 110 horsepower; cotton mills, at Rock Mills, Randolph County, 108 horse- power; 10 or 12 gristmills on Choccolocco and Talladega Creeks, in Talladega County, each developing from 100 to 225 horsepower.

Undeveloped Water Power .- In 1902 the principal water-power sites of the State which were still undeveloped, according to B. M. Hall, consulting engineer of the United States Geological Survey, were, Power Site No. 3, on Tallapoosa River, about 10 miles above Tallassee, where a head of 40 feet could be obtained; several other similar powers farther up the river; Black and Sandford Shoals on Big Sandy Creek, near Dadeville, with 80 feet of fall; several locks and dams on the Coosa River, capable of furnishing an aggregate of more than 100,000 horsepower; 7 power sites on the Cahaba River, each capable of furnishing from 500 to 1,100 horsepower; Squaw Shoals on the Black War- rior, with 43 feet of fall, and on the Tennes- see River, Elk River Shoal, with 26 feet of fall and an average power possibility of 30,- 550 horsepower; Big Muscle Shoal, with 85 feet of fall and possibilities of 99,875 horse- power; Little Muscle Shoal, with 23 feet fall and 27,025 horsepower; and Colbert Shoal, with 21 feet fall and development capabilities of 24,675 horsepower.

In 1908, according to a special report of the Census Bureau, the developed water pow- ers of the State aggregated 1,804 wheels, generating 161,694 horsepower.

See Alabama Power Company; Cotton

Manufacturing; Muscle Shoals; River and Harbor Improvement and titles of streams there listed.

REFERENCES .- To aid the student of the sub- ject in its relations to Alabama, a selected list of publications, including official reports, speeches, pamphlets, and books is appended: Toulmin, Digest, 1823; Aikin, Digest, 1833; Clay, Digest, 1843; Codes, 1852, 1867, 1876, 1886, 1896, 1907, secs. 6148-6150; Acts, passim, for full texts of laws; B. M. Hall, A preliminary report on the water powers of Alabama (Geol. Survey of Ala., Bulletin 7, 1903), and Water powers of Alabama (U. S. Geol. Survey, Water Supply Paper 107, 1904); Library of Congress, List of references on water rights and the control of water (1914); Muscle Shoals Hydro-Electric Power Co., Articles of incorporation (n. d., broadside, pp. 5); Tenn. River Improvement Assn., Souvenir, Visit to the Tennessee River, 1915, and Graphic statistics relating to the Muscle Shoals project (1916) ; Ala. Traction, Light & Power Co. (Ltd.), Developing Alabama water powers (1913) ; Ala. Power Co., Memo- randum relating to water power developments (n. d., pp. 11); Navigation of Tennessee River (H. Doc. 781, 60th Cong.,

1st sess.) ; National Conservation Commission, Report, Feb., 1909 (S. Doc. 676, 60th Cong., 2d sess.), vol. 1, pp. 39-49, 175-178, vol. 2, pp. 103, 131, 178; Brief and memorandum relat- ing to riparian and water rights of the Federal Government and of the various States (S. Doc. 351, 61st Cong., 2d sess.); National Waterways Commission, Hearings on development and control of water power, Nov. 21-24, 1911 (S. Doc. 274, 62d Cong., 2d sess.); Pres. W. H. Taft, Veto message relating to the building of a dam across the Coosa River, Ala. (S. Doc. 949, 62d Cong., 2d sess.); Rome G. Brown, Limitations of Federal control of water powers, an argument before the National Waterways Commission, Nov. 28, 1911 (S. Doc. 721, 62d Cong., 2d sess.), and The conservation of water powers (S. Doc. 14, 63d Cong., 1st sess.) ; United States v. The Chandler-Dunbar Water Power Co., et al, opinion of Supreme Court on water power (S. Doc. 51, 63d Cong., 1st sess.); F. S. Washburn, Agricultural fertilizers from the air in relation to water power development (S. Doc. 257, 63d Cong., 2d sess.); Development of water power (S. Doc. 570, 63d Cong., 2d sess.) ; L. Ward Bannister, Federal Disposition of State waters, address before Colorado State Bar Assn., July 11, 1914 (S. Doc. 574, 63d Cong., 2d sess.); Construction of dams across navi- gable waters (H. Rept. 592, 63d Cong., 2d sess.) ; House Committee on Interstate and Foreign Commerce, Hearings on general dam legisla- tion, Mar. 11 and Apr. 14, 1914 (63d Cong., 2d sess.) ; House Committee on the Public Lands, Hearings on the Water Power bill, Apr. and May, 1914 (63d Cong., 2d sess.); Federal con- trol of water power, papers submitted to the Senate Committee on Commerce, 1913 (62d Cong., 3d sess.); Rome G. Brown, Water power dams on navigable rivers, confidential letter to Hon. Knute Nelson (1914); Conference of Gov- ernors, Proceedings, May. 13-15, 1908 (1909) ; Ibid, 2d meeting, Jan. 18-20, 1910, pp. 67-85; Fifth National Conservation Congress, Pro-

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ceedings, Nov. 18-20, 1913; W. J. McGee, L.L.D., "Water as a resource," in American Acad. of Pol. and Soc. Science, Annals, 1909, vol. 33, pt. 2, pp. 521-534; M. O. Leighton, "Water power in the United States," Ibid, pp. 535-565; C. E. Wright, "The scope of State and Federal legis- lation concerning the use of waters," Ibid, pp. 566-582; C. W. Baker, "The necessity for State and Federal regulation of water power develop- ment," Ibid, pp. 583-596; F. S. Washburn, "The power resources of the South," Ibid, 1910, vol. 35, pp. 81-98; Franklin K. Lane, Statement be- fore House Committee on Public Lands, May 6, 1914, pp. 287-320; Scott Wilson, Federal and State jurisdiction of water power, paper pre- sented to the National Association of Attorneys General, Oct. 19, 1914, pp. 25-40; Tuscaloosa Board of Trade, Tuscaloosa, Alabama, its ad- vantages as a site for the proposed Government armor plant, brief submitted to the General Board of the Navy, Sept. 13, 1916; H. C. Jones, Alabama's future water power development (1907, pp. 6); Chamber of Commerce, Rome, Ga., A heritage at stake (1916, pp. 20); Leon W. Friedman, article in Birmingham News Magazine Section, Aug. 2, 1914; Owen v. Jor- dan, 27 Ala., p. 608; Sadler v. Langham, 34 Ala., p. 311; Martin v. Rushton, 42 Ala., p. 289; Bush v. Robinson, 44 Ala., p. 328; Frost v. Barnes, 47 Ala., p. 279; Bottoms v. Brewer, 54 Ala., p. 288; Ogletree v. McQuaggs, 67 Ala., p. 582; Folmar v. Folmar, 68 Ala., p. 120, and 71 Ala., p. 136; McAllilley v. Horton, 75 Ala., p. 491; Olive v. State, 86 Ala., p. 88; McCulley v. Cunningham, 96 Ala., p. 583; Tallassee Falls Co. v. Jones, 128 Ala., p. 430; Alabama Consol- idated Co. v. Turner, 145 Ala., p. 639. In con- nection with the passage of the General Dam law, many speeches were made in Congress, which appear both in the Congressional Record and in separate pamphlet form; among them the following: Borah, Power sites, in the Sen- ate, Feb. 13, 1913; Smith, Government owner- ship of waters within the States, in the Senate, Feb. 17, 1913; Jones, Water power on public lands, in the Senate, Mar. 5, 1914; Underwood. The water power bill, in the House, July 18, 1914; Bryan, Water power shall not be removed from public ownership, in the House, July 23, 1914; Kent, Federal control of water power, in the House, July 23 and 28, 1914; Lieb, Preven- tion of water power monopoly, in the House, July 30, 1914; Donohoe, National conservation of water power and preservation of the navi- gable and nonnavigable waters of the United States, in the House, Aug. 4, 1914; Coosa River Electric Power Co., Memorial representing the policy and subscribing to the principles of co-ordination and co-operation as outlined by the Inland Waterways Commission and en- dorsed by the Secretary of War (1908) ; Com- mittee on Paper of the Am. Newspaper Pub- llshers' Assn., Newspaper comment advocating water power legislation (Broadside, 1917).

WATERLOO. Post office and interior in- corporated town, in the southwestern part of Lauderdale County, on the north bank of the Tennessee River, at the confluence of Second Creek, opposite Riverton, the north- ern terminus of a branch of the Southern

Railway, about 3 miles northeast of the Mis- sissippi State line, and 25 miles northwest of Florence. Altitude: 400 feet. Population: 1880-250; 1910-435. It was incorpo- rated in 1903, under the general laws. It has the Farmers & Merchants Bank (State). Its industries are lumber mills, and a gristmill.

REFERENCES .- Brewer, Alabama (1872), p. 296; Northern Alabama (1888), p. 90; Polk's Alabama gazetteer. 1888-9, p. 803; Alabama Official and Statistical Register, 1915.

WATULAHOKA. A Lower Creek village, in the northwest corner of Russell County, situated on Watula Creek, and probably near and south of the modern Watula village, northwest of Mckinnon's Mill on the creek are numerous evidences of Indian occupation. Watula flows into the Big Uchee Creek about 41/2 miles southeast of Marvin.

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History of Alabama and dictionary of Alabama biography, Volume II, Part 124

Author: Owen, Thomas McAdory, 1866-1920; Owen, Marie (Bankhead) Mrs. 1869- Publication date: 1921 Publisher: Chicago, The S. J. Clarke publishing company Number of Pages: 724

Author: Owen, Thomas McAdory, 1866-1920; Owen, Marie (Bankhead) Mrs. 1869-
Publication date: 1921
Publisher: Chicago, The S. J. Clarke publishing company
Number of Pages: 724