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Show 261 rendered by the Constitution.2 But the Supreme Court has also made it plain that this does not mean that navigable waters are capable of private ownership, holding such an idea "inconceivable."3 Indeed, another court has said that "run- ning water in natural streams is not property and never was."4 Nevertheless, there may be limited property rights in certain uses of running water, and such usufructuary rights continue to be the subject of many legal controversies.5 But private rights to use are subordinate to valid assertions of federal authority over waters including control over or use of water power.6 We have seen that, as an incident of expressly granted powers, the United States has certain constitutional authority to con- trol nonfederal development of water power, or to develop such power itself. Thus, on streams subject to its jurisdiction under the Commerce Clause, Congress may grant or deny the privilege of nonfederal development.7 Or it may direct federal development of power as a part of commerce improvement or regulation in legislating for navigation and flood control.8 Likewise, in its control over lands of the United States, Con- gress may authorize nonfederal or federal development of power by virtue of its proprietary authority to dispose of and make rules respecting property of the United States.9 From this latter proprietary authority is derived the right of the United States to transmit and sell the electric power which it generates.10 Also pertinent here are prior references to other federal authority stemming from the War and Treaty powers.11 In addition, it should again be noted that Congress has the 2 Martin v. Waddell, 16 Pet. 367, 410 (U. S. 1842) ; see supra, pp. 12, 25-29, 8 United States v. Chandler-Dunbar Co., 229 U. S. 53, 69 (1913) ; see supra, pp. 20, 26-27. 4 Syracuse v. Stacey, 169 N. Y. 231, 245, 62 N. E. 354, 355 (1901) ; Bl. Com., II, pp. 14, 18. 5 See, e. g., United States v. Gerlach Live Stock Co., 339 U. S. 725 (1950) ; and see supra, pp. 19-23, 32-50. 6 See supra, pp. 19-29, 50-52. 7 See supra, pp. 21-23. 8 See supra, pp. 19-21. 9 See supra, pp. 29-32. 10 See supra, pp. 50-52. 11 See supra, pp. 54-57. |