﻿HYDROLOGY 
  OF 
  NEW 
  YORK 
  543 
  

  

  at 
  least, 
  be 
  satisfactory 
  to 
  themselves; 
  but 
  the 
  claimants 
  have 
  

   waited 
  patiently 
  nine 
  years, 
  trusting 
  to 
  the 
  good 
  faith 
  of 
  the 
  

   State 
  to 
  make 
  good 
  their 
  losses, 
  and 
  it 
  is 
  unreasonable 
  to 
  ask 
  

   them 
  to 
  wait 
  for 
  an 
  indefinite 
  number 
  of 
  years 
  more. 
  The 
  State 
  

   has 
  permanently 
  appropriated 
  this 
  water 
  and 
  will 
  use 
  it, 
  and 
  has, 
  

   by 
  the 
  act 
  of 
  appropriation, 
  in 
  the 
  exercise 
  of 
  its 
  sovereignty, 
  

   the 
  right 
  to 
  use 
  and 
  control 
  it 
  through 
  all 
  future 
  time, 
  and 
  enough 
  

   is 
  known 
  from 
  the 
  experience 
  of 
  the 
  last 
  nine 
  years 
  to 
  show 
  that 
  

   considerable 
  damage 
  has 
  already 
  accrued, 
  which 
  no 
  mere 
  restora- 
  

   tion 
  of 
  the 
  water 
  can 
  atone 
  for. 
  

  

  Under 
  the 
  head 
  of 
  leading 
  principles 
  that 
  would 
  be 
  recognized 
  

   and 
  followed 
  in 
  deciding 
  these 
  cases, 
  the 
  Canal 
  Appraisers 
  remark 
  

   that 
  in 
  order 
  to 
  save 
  the 
  necessity 
  of 
  presenting 
  general 
  views 
  in 
  

   each 
  case 
  they 
  will 
  state 
  certain 
  leading 
  principles 
  to 
  be 
  recog- 
  

   nized 
  and 
  followed 
  in 
  passing 
  upon 
  all 
  these 
  claims 
  : 
  

  

  1) 
  The 
  State 
  will 
  be 
  held 
  liable 
  for 
  the 
  damage 
  sustained 
  by 
  

   the 
  riparian 
  owners 
  in 
  consequence 
  of 
  the 
  diversion, 
  on 
  the 
  prin- 
  

   ciple 
  that 
  fresh 
  rivers 
  to 
  the 
  middle 
  of 
  the 
  stream 
  belong 
  to 
  the 
  

   owners 
  of 
  the 
  adjacent 
  banks; 
  that 
  they 
  are 
  entitled 
  to 
  the 
  

   usufruct 
  of 
  the 
  waters 
  as 
  pertinent 
  to 
  the 
  fee, 
  and 
  for 
  an 
  inter- 
  

   ruption 
  in 
  the 
  enjoyment 
  of 
  their 
  privilege® 
  in 
  that 
  respect 
  in 
  con- 
  

   sequence 
  of 
  public 
  improvements 
  made 
  by 
  the 
  State, 
  are 
  entitled 
  

   to 
  compensation 
  for 
  damages 
  sustained. 
  

  

  2) 
  There 
  can 
  be 
  allowance 
  made 
  only 
  to 
  those 
  who 
  owned 
  in 
  

   1849, 
  or 
  to 
  the 
  assignees 
  of 
  their 
  claims. 
  

  

  3) 
  Nor 
  can 
  any 
  allowance 
  be 
  made, 
  even 
  to 
  the 
  owners 
  of 
  1849, 
  

   for 
  any 
  special 
  damages 
  from 
  year 
  to 
  year 
  since, 
  except 
  by 
  way 
  

   of 
  interest 
  on 
  the 
  sum 
  that 
  shall 
  be 
  determined 
  as 
  the 
  real 
  loss 
  

   when 
  the 
  injury 
  occurred. 
  

  

  4) 
  The 
  State 
  can 
  not 
  be 
  held 
  to 
  pay 
  for 
  mills 
  or 
  other 
  struc- 
  

   tures 
  erected, 
  or 
  investments 
  made, 
  since 
  that 
  year, 
  when 
  every- 
  

   body 
  knew 
  that 
  the 
  waters 
  had 
  been 
  diverted 
  ; 
  these 
  erections 
  or 
  

   investments 
  were 
  at 
  the 
  risk 
  of 
  those 
  who 
  made 
  them. 
  

  

  5) 
  Nor 
  can 
  the 
  appraisers 
  take 
  into 
  consideration 
  remote 
  or 
  

   contingent 
  damages 
  to 
  property, 
  separate 
  and 
  distinct 
  from 
  water 
  

   power, 
  and 
  the 
  property 
  upon 
  it 
  alleged 
  to 
  have 
  been 
  depreciated 
  

   in 
  value 
  by 
  the 
  diversion. 
  

  

  6) 
  In 
  estimating 
  damages 
  to 
  a 
  particular 
  water 
  power, 
  addi- 
  

   tional 
  expenses 
  incurred 
  in 
  putting 
  in 
  new 
  machinery, 
  etc. 
  

   adapted 
  to 
  the 
  new 
  order 
  of 
  things 
  will 
  be 
  considered, 
  but 
  only 
  as 
  

   bearing 
  upon 
  the 
  extent 
  of 
  the 
  damages 
  of 
  1849, 
  which 
  required 
  

   such 
  expenditures 
  to 
  restore 
  the 
  power. 
  

  

  