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  NEW 
  YORK 
  STATE 
  MUSEUM 
  

  

  In 
  any 
  case 
  the 
  day 
  has 
  passed 
  when 
  the 
  State 
  in 
  its 
  sovereign 
  

   capacity 
  can, 
  without 
  loss 
  of 
  dignity, 
  simply 
  say 
  : 
  This 
  stream 
  is 
  

   State 
  property, 
  to 
  be 
  held 
  and 
  even 
  disposed 
  of 
  absolutely 
  without 
  

   reference 
  to 
  the 
  wants 
  or 
  wishes 
  of 
  the 
  riparian 
  proprietors. 
  1 
  

  

  The 
  Seneca 
  river 
  controversy. 
  By 
  way 
  of 
  further 
  illustrating 
  

   the 
  relations 
  of 
  the 
  State 
  to 
  many 
  of 
  the 
  important 
  water 
  powers, 
  

   we 
  will 
  refer 
  to 
  the 
  conditions 
  existing 
  on 
  Seneca 
  river. 
  2 
  

  

  In 
  December, 
  1807, 
  the 
  State 
  of 
  New 
  York 
  by 
  letters 
  patent, 
  

   conveyed 
  to 
  John 
  McKinstry 
  640 
  acres 
  of 
  land 
  situated 
  in 
  the 
  

   township 
  of 
  Junius, 
  Seneca 
  county, 
  and 
  bounded 
  on 
  the 
  south 
  by 
  

   Seneca 
  river. 
  The 
  northerly 
  portion 
  of 
  the 
  village 
  of 
  Waterloo 
  

   now 
  stands 
  on 
  this 
  lot. 
  Subsequently, 
  McKinstry 
  conveyed 
  this 
  

   lot 
  to 
  Elisha 
  Williams 
  who, 
  some 
  time 
  between 
  1808 
  and 
  1814, 
  

   erected 
  a 
  mill 
  and 
  constructed 
  a 
  raceway 
  leading 
  from 
  the 
  Seneca 
  

   river 
  to 
  the 
  same 
  from 
  a 
  point 
  near 
  where 
  the 
  present 
  Waterloo 
  

   dam 
  stands. 
  

  

  Chapter 
  144 
  of 
  the 
  laws 
  of 
  1813 
  incorporated 
  the 
  Seneca 
  

   Lock 
  & 
  Navigation 
  Company, 
  giving 
  to 
  said 
  company 
  the 
  

   authority 
  to 
  construct 
  a 
  canal 
  between 
  Cayuga 
  and 
  Seneca 
  lakes. 
  

   This 
  act 
  provided 
  that 
  any 
  owner 
  or 
  occupant 
  of 
  any 
  land 
  adjoin- 
  

   ing 
  Seneca 
  river 
  or 
  outlet 
  may 
  use 
  the 
  water 
  for 
  mills 
  or 
  other 
  

   hydraulic 
  works, 
  but 
  such 
  use 
  shall 
  at 
  no 
  time 
  impede 
  the 
  passage 
  

   of 
  boats 
  or 
  other 
  water 
  craft. 
  That 
  it 
  shall 
  be 
  lawful 
  for 
  the 
  

   owner 
  or 
  occupant 
  of 
  lands 
  adjoining 
  the 
  said 
  outlet 
  or 
  canal 
  to 
  

   make 
  from 
  the 
  canal 
  all 
  necessary 
  cuts, 
  at 
  his 
  own 
  expense, 
  to 
  

   conduct 
  the 
  water 
  to 
  his 
  mills 
  or 
  other 
  hydraulic 
  works 
  so, 
  how- 
  

   ever, 
  as 
  not 
  to 
  impede 
  the 
  navigation 
  or 
  prevent 
  the 
  company 
  

   from 
  the 
  use 
  of 
  so 
  much 
  water 
  as 
  at 
  all 
  times 
  shall 
  be 
  necessary 
  

   for 
  the 
  purposes 
  of 
  navigation. 
  

  

  About 
  1813 
  hydraulic 
  privileges 
  on 
  Seneca 
  river 
  became 
  valu- 
  

   able. 
  Elisha 
  Williams, 
  who 
  owned 
  the 
  waterpower 
  on 
  the 
  north 
  

   side 
  of 
  the 
  Seneca 
  river 
  at 
  Waterloo, 
  was 
  also 
  a 
  stockholder 
  in 
  

   the 
  Seneca 
  Lock 
  & 
  Navigation 
  Company, 
  and 
  drew 
  the 
  act 
  incor- 
  

   porating 
  the 
  same. 
  

  

  J 
  The 
  two 
  preceding 
  chapters 
  are 
  partly 
  abstracted 
  from 
  the 
  Report 
  on 
  

   Upper 
  Hudson 
  Storage 
  Surveys, 
  dated 
  December 
  31, 
  1895. 
  

   2 
  Report 
  of 
  Superintendent 
  of 
  Public 
  Works, 
  1896. 
  

  

  