﻿HYDROLOGY 
  OF 
  NEW 
  YORK 
  541 
  

  

  months. 
  The 
  act 
  further 
  provides 
  that 
  the 
  waters 
  from 
  said 
  reser- 
  

   voirs 
  shall 
  be 
  discharged 
  so 
  that 
  the 
  waters 
  so 
  reserved 
  shall 
  be 
  let 
  

   into 
  Black 
  river 
  during 
  the 
  summer 
  months 
  in 
  such 
  manner 
  and 
  

   in 
  such 
  quantity 
  as 
  to 
  give, 
  as 
  far 
  as 
  practicable, 
  to 
  the 
  inhabi- 
  

   tants 
  residing 
  on 
  said 
  river 
  the 
  benefit 
  of 
  said 
  reserve 
  waters 
  when 
  

   the 
  same 
  shall 
  be 
  required 
  for 
  use, 
  and 
  such 
  supply 
  shall 
  not 
  be 
  

   less 
  than 
  the 
  quantity 
  which 
  ordinarily 
  flows 
  in 
  said 
  river 
  during 
  

   the 
  summer, 
  provided 
  the 
  supply 
  from 
  said 
  reservoirs 
  will 
  furnish 
  

   such 
  quantity 
  after 
  supplying 
  the 
  Black 
  river 
  and 
  Erie 
  canals 
  

   with 
  water. 
  

  

  We 
  have 
  here 
  a 
  case, 
  therefore, 
  in 
  which 
  the 
  legislature, 
  by 
  

   chapter 
  181 
  of 
  the 
  laws 
  of 
  1851, 
  provided 
  for 
  compensation 
  in 
  

   kind. 
  So 
  far 
  as 
  can 
  be 
  learned, 
  this 
  is 
  the 
  only 
  case 
  in 
  New 
  York 
  

   where 
  the 
  principle 
  of 
  compensation 
  in 
  kind 
  has 
  been 
  adopted 
  on 
  

   a 
  large 
  scale 
  on 
  account 
  of 
  hydraulic 
  diversion. 
  Usually 
  when 
  

   such 
  questions 
  have 
  been 
  litigated 
  the 
  courts 
  have 
  held 
  that 
  there 
  

   must 
  be 
  money 
  compensation. 
  

  

  The 
  construction 
  of 
  the 
  reservoirs 
  began 
  in 
  1852, 
  and 
  proceeded, 
  

   as 
  legislative 
  appropriations 
  were 
  made, 
  from 
  year 
  to 
  year, 
  al- 
  

   though 
  in 
  1858, 
  when 
  the 
  appraisers 
  were 
  considering 
  the 
  Black 
  

   river 
  claims, 
  only 
  the 
  North 
  branch 
  reservoir 
  had 
  been 
  completed. 
  

   Work 
  had 
  been 
  begun 
  on 
  the 
  South 
  branch, 
  Woodhull 
  and 
  Chub 
  

   lake 
  reservoirs, 
  but 
  stopped 
  in 
  1857 
  for 
  lack 
  of 
  funds. 
  

  

  As 
  already 
  stated, 
  the 
  Oanal 
  Commissioners 
  appealed 
  from 
  the 
  

   awards 
  of 
  the 
  Appraisers 
  on 
  the 
  ground 
  that 
  the 
  said 
  Appraisers 
  

   had 
  not 
  taken 
  into 
  account 
  the 
  full 
  amount 
  and 
  flow 
  of 
  water 
  to 
  

   be 
  obtained 
  from 
  the 
  reservoir 
  system. 
  The 
  Canal 
  Board 
  rendered 
  

   its 
  decision 
  on 
  this 
  appeal 
  in 
  February, 
  1860. 
  The 
  position 
  of 
  the 
  

   Canal 
  Commissioners 
  was 
  sustained 
  and 
  the 
  Canal 
  Appraisers' 
  

   awards 
  reduced 
  pro 
  rata 
  35 
  per 
  cent 
  — 
  that 
  is 
  to 
  say, 
  the 
  Canal 
  

   Board 
  took 
  the 
  ground 
  that 
  the 
  construction 
  of 
  the 
  reservoirs 
  was 
  

   to 
  a 
  considerable 
  degree 
  compensation 
  for 
  the 
  diversion. 
  

  

  Since 
  1860 
  a 
  number 
  of 
  reservoirs 
  have 
  been 
  built 
  until 
  the 
  

   actual 
  storage 
  capacity 
  on 
  the 
  headwaters 
  of 
  the 
  Black 
  river 
  is 
  

   considerably 
  in 
  excess 
  of 
  the 
  full 
  amount 
  diverted 
  to 
  the 
  Erie 
  

   canal 
  during 
  the 
  dry 
  season, 
  but 
  for 
  various 
  reasons 
  the 
  construc- 
  

   tion 
  of 
  these 
  reservoirs 
  has 
  not 
  supplied 
  the 
  water 
  needed 
  — 
  or 
  at 
  

   any 
  rate 
  it 
  is 
  so 
  claimed 
  by 
  the 
  owners 
  of 
  mills 
  on 
  the 
  Black 
  river. 
  

  

  