William O. Douglas

“ If Niagara must pay for its water rights without being reimbursed by the United States, that is the price Niagara must pay for its federal license. See United States v. Appalachian Electric Power Co., 311 U.S. 377, 61 S.Ct. 291, 85 L.Ed. 243; cf. Regents of University System of Georgia v. Carroll, 338 U.S. 586, 70 S.Ct. 370, 94 L.Ed. 363. The Federal Power Act should not be construed as requiring the United States to pay for something it already owns. [3] But that is precisely what the Court does today. ”

“ Niagara's net investment is the measure of the amount of the United States must pay if it decides to recapture Niagara's plant under § 14 of the Act. [1] By allowing these water-right payments as expenses for this purpose the Court increases the ultimate obligation of the United States. ”