28o Bulletin 254. 



The statutory law. All of the states have enacted laws regulating the move- 

 ment and use of natural waters. In 1895, New York passed a general law, which 

 is Chapter 384 of tb.e Laws of that year, providing for the drainage of agricultural 

 lands. 



This law has been declared unconstitutional by the New York Court of 

 Appeals, and therefore at the present time agricultural drainage in the state rests 

 essentially on the common law provisions. But since it is so important that there 

 be satisfactory statutory provisions governing this matter, and since the gen- 

 eral provisions of the law of 1895 were so excellent, it is deemed expedient to 

 give here a summar}^ of the provisions of that law; and since the objectionable 

 features of the law must be looked for in the decision setting it aside, that 

 decision will be examined together with the rulings and laws in other states, in 

 order to point out, if possible, the lines along which a satisfactory law may be 

 constructed. For the great extent of poorly drained land in New York and the 

 needs of these lands for agricultural purposes render it imperative that proper 

 laws be enacted at an early date, and it is hoped so to set the matter before the 

 people of the state in this publication, as to lead to action in that direction. 



It having been found that the State Constitution did not make adequate pro- 

 vision for this type of drainage, the following amendment was made, in 1894, to 

 Section 7, of Article i, relating to roads and drainage : 



"General laws may be passed permitting the owners or occupants of agri- 

 cultural lands to construct and maintain for the drainage thereof, necessary 

 drains, ditches and dykes upon the land of others, under proper restrictions 

 and with just compensation; but no special laws shall be enacted for such 

 purposes." 



The law of 1895, mentioned above, was based on this amended section, and 

 provided that a person owning agricultural lands within this state may institute 

 proceedings for the drainage of sucli lands or the protection thereof from over- 

 flow, by the construction or maintenance of a drain or dyke, on the land of 

 another person, or the use of mechanical devices, by presenting a verified petition 

 to the County Court of the County, in which such land is located, or if in 

 more than one county, to a special term of the Supreme Court of the district 

 where the lands or a part thereof are situated, setting forth a general description 

 of the lands to be drained or protected, the nam.es and places of residence of the 

 owners of all lands affected by the proceedings, and a prayer for the appointment 

 of three commissioners who shall be disinterested resident freeholders. Due 

 notice of the petition shall be given to all land owners affected. If, as a result 

 of the hearing, the petition appears reasonable and the commissioners are ap- 

 pointed, they shall examiine the proposition and determine the following matters : 



1. Whether such land shall be drained or protected. 



2. Whether it is necessary, in order to drain or protect such land, that a 

 drain be opened through or dykes erected upon lands belonging to another, 

 and whether mechanical devices should be constructed or used. 



3. The amount of damage, if any, sustained by such other landowners 

 by reason of the opening of such drain or the construction of such dyke. 



4. Take such other and further steps with reference to the proceedings 

 as are provided by this act. 



Provision is made for an appeal to the Court by any person aggrieved by the 

 decision of tlie connnissioners ; for the preparation of maps and surveys; for the 

 construction of the works under the direction of the commissioners, either by the 



