﻿HYDROLOGY 
  OP 
  NEW 
  YORK 
  551 
  

  

  After 
  discussing 
  these 
  several 
  questions, 
  the 
  State 
  Engineer 
  ex- 
  

   pressed 
  the 
  opinion 
  that 
  the 
  creation 
  of 
  a 
  storage 
  reservoir, 
  as 
  

   outlined 
  in 
  the 
  foregoing, 
  would 
  be 
  the 
  only 
  safe 
  method 
  by 
  which 
  

   a 
  portion 
  of 
  Skaneateles 
  lake 
  water 
  could 
  be 
  used. 
  

  

  The 
  act 
  authorizing 
  the 
  city 
  of 
  Syracuse 
  to 
  take 
  its 
  water 
  sup- 
  

   ply 
  from 
  Skaneateles 
  lake, 
  as 
  finally 
  passed 
  by 
  the 
  legislature, 
  

   provided 
  as 
  follows: 
  

  

  The 
  Syracuse 
  Water 
  Board, 
  by 
  and 
  with 
  the 
  consent 
  of 
  the 
  

   Canal 
  Board, 
  is 
  hereby 
  authorized 
  and 
  empowered 
  to 
  appropriate 
  

   so 
  much 
  of 
  the 
  waters 
  of 
  Skaneateles 
  lake 
  as 
  may 
  be 
  necessary 
  to 
  

   supply 
  the 
  city 
  of 
  Syracuse 
  and 
  its 
  inhabitants 
  with 
  water, 
  upon 
  

   the 
  express 
  condition, 
  however, 
  that 
  the 
  city 
  of 
  Syracuse 
  shall, 
  

   when 
  so 
  required 
  by 
  the 
  Canal 
  Board, 
  furnish 
  from 
  such 
  other 
  

   source 
  or 
  sources, 
  and 
  in 
  such 
  manner 
  as 
  the 
  Canal 
  Board 
  may 
  

   designate, 
  as 
  much 
  water 
  for 
  the 
  use 
  of 
  the 
  Erie 
  canal 
  as 
  shall 
  be 
  

   taken 
  by 
  the 
  city 
  from 
  Skaneateles 
  lake, 
  and 
  the 
  power 
  granted 
  

   in 
  this 
  act 
  shall 
  be 
  deemed 
  to 
  include 
  authority 
  and 
  power 
  to 
  

   provide 
  such 
  compensating 
  water 
  supply 
  for 
  the 
  Erie 
  canal, 
  and 
  

   to 
  do 
  and 
  perform 
  all 
  those 
  acts 
  and 
  things 
  which 
  shall 
  be 
  need- 
  

   ful 
  to 
  acquire 
  for 
  said 
  city 
  and 
  its 
  inhabitants 
  the 
  waters 
  of 
  

   Skaneateles 
  lake. 
  

  

  - 
  This 
  act 
  was 
  sharply 
  contested 
  on 
  the 
  ground 
  that 
  it 
  did 
  not 
  

   properly 
  provide 
  for 
  the 
  rights 
  of 
  the 
  riparian 
  owners, 
  the 
  mis- 
  

   conception 
  of 
  former 
  days, 
  that 
  the 
  State 
  by 
  an 
  act 
  of 
  appro- 
  

   priation 
  for 
  purposes 
  of 
  navigation 
  absolutely 
  extinguished 
  all 
  

   rights 
  of 
  the 
  riparian 
  owners, 
  again 
  coming 
  up. 
  As 
  regards 
  

   water 
  powers 
  on 
  Skaneateles 
  outlet, 
  this 
  principle 
  was 
  finally 
  

   decided 
  in 
  the 
  case 
  of 
  Waller 
  vs. 
  The 
  State 
  of 
  New 
  York, 
  in 
  1893, 
  1 
  

   in 
  which 
  the 
  question 
  as 
  to 
  the 
  State's 
  absolute 
  control 
  of 
  the 
  

   waters 
  of 
  Skaneateles 
  outlet 
  was 
  decided 
  adversely, 
  the 
  theory 
  

   of 
  the 
  State 
  being 
  that 
  the 
  purchase 
  of 
  a 
  piece 
  of 
  land 
  through 
  

   which 
  Skaneateles 
  outlet 
  flowed, 
  at 
  or 
  near 
  the 
  foot 
  of 
  Skaneateles 
  

   lake, 
  and 
  the 
  erection 
  of 
  a 
  dam 
  thereon, 
  had 
  given 
  to 
  the 
  State 
  

   the 
  full 
  right 
  of 
  control 
  of 
  the 
  waters 
  of 
  the 
  outlet. 
  The 
  decision 
  

   was 
  that 
  State 
  control 
  was 
  for 
  the 
  purpose 
  of 
  navigation 
  and 
  no 
  

   further, 
  and 
  that 
  any 
  interference 
  with 
  the 
  natural 
  flow 
  beyond 
  

   that 
  required 
  for 
  the 
  benefit 
  of 
  the 
  canal 
  navigation, 
  was 
  a 
  damage 
  

   to 
  the 
  riparian 
  owners, 
  to 
  be 
  compensated 
  for 
  like 
  any 
  other 
  

  

  U44 
  N. 
  Y., 
  579. 
  

  

  