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Show to * and based solely on, its power "to regulate commerce with foreign nations, and among the several States * * *M (Article I, Section 8 5 clause 3 of the Constitution). The power of Congress over navigable waters has been exercis- ed from the outset and has been upheld by repeated decisions of the Supreme Court of the United States. The exercise of this power has not always been limited to control over streams and tributaties navigable in fact, but appa- rently has been extended to some streams in which navigability is really a fiction» Federal control of water power is based primarily on the power of the Government to control navigable waters a but in certain instances also re- sults from the use of public, lands and reservations. The Acts of March 3* 1899* and June 23» 1910, forbid the construction of dams in navigable waters except upon affirmative authorization by Congress. H The numerous requests for special permission to construct dams for power purposes, and the work in- volved in determining whether or not the interests of the United States would be affected adversely by the proposed constructions; led to the creation of the Federal Power Commission-^ to relieve Congress of this burden, and to af- ford a more general determination of policy in such matters. The Act is the culmination of a steadily increasing assertion of Federal authority over navigable waters, by legislative construction of the constitutional power. Under this Act * control has been extended even to tributary streams which affect the navigable capacity of navigable streams. Perhaps a greater de- gree of authority is exercised over some phases of the development and use of power than strictly is required for navigation purposes. The lower Courts have upheld the Act, however, on the ground that its principal purpose is the protection of navigation. Flood control projects of the Federal Government usually have involved the protection or promotion of navigation; which affords unquestionable con- stitutional authority for this type of work. The Federal Government, doubt- less, also has power to build flood control projects to protect interstate commerce over highways and railroads, the postal service, and the lives and safety of its citizens* The Act of liarch 1, 1917* authorized examinations, surveys., and reports on flood-control projects generally, and flood-control development work on the Mississippi and Sacramento Rivers. ^3 Under the Act of January 21, 1927* the War Deportment has prepared about I85 Reports (known as the 308 Reports), covering investigations and surveys of many of the principal streams of the country with respect to navigation, flood con- trol* water power, irrigation* and related features. ^ Prior to 1936, hov^- ever5 Congress based its approval of flood-control projects upon the theory that they were in the interest of navigation* The Federal Government, through its authority in the matter of right of i:LAct of liarch 3, 1899, 30-Stat. II5I5 and Act of June 23, 1910, 36 3-fc&t* 12Act of June 10, 1920, j+l Stat. 1077* 593* 13Act of H&roh 1, 1917, 30 Stat. 95O. ^Act of January 21, 1927, i+U Stat. 1010; H,R, Doc. 308, 69th Cong. 1st Session.; (see also* Flood Control Acts of 193& ^d 1938)* -85- |