Conservation Commission 41 



purpose. Neither the right of eminent domain, nor the power 

 of taxation has been given to mill owners in this State to acquire 

 private property for milling purposes. Nor has the enforcement 

 of assessments for benefits derived been permitted for the develop- 

 ment and improvement of water powers exclusive of other pur- 

 poses of a public nature. These projects have always been con- 

 sidered private enterprises, and therefore the power of eminent 

 domain and taxation has been denied. We believe that it will 

 be generally conceded that this view is correct, and therefore any 

 legislative plan designed to achieve practical results must embrace 

 the valid power of eminent domain and taxation as well. To 

 accomplish this the primary purpose of the statute must be public, 

 not private. 



The development of water powers and the improvement thereof 

 by stream regulation for the production of energy for lighting 

 public buildings, streets and highways, and for power for State, 

 municipal and public service uses, and incidentally for industrial 

 enterprises, would, we think, be construed to be a sufficient public 

 purpose to validate the exercise of the necessary powers of emi- 

 nent domain and taxation. 



To accomplish the purposes named provision for the transmis- 

 sion of energy produced is essential; and moreover, this would 

 furnish a market for power available from sites now undeveloped 

 and the development thereof would be made practical and feasible 

 for the reason that the same could then be used for commercial 

 and industrial purposes, where at present no market exists. Un- 

 less some such plan is adopted to furnish a market for the power 

 available from undeveloped sites the burden of taxation for stream 

 regulation imposed upon unused powers would be unjust to the 

 owners and tend to confiscation of their property. 



Undeveloped Powers, Owned and Controlled by the State 

 Thus far we have considered stream regulation on rivers where 



water powers are privately owned. We will now consider the 



proper policy to be adopted with respect to undeveloped water 



powers owned and controlled by the State itself. 



More than three-fourths of the undeveloped water power within 



the borders of the State of New York is owned and controlled 



