536 



NEW YORK STATE MUSEUM 



In any case the day lias 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, 

 erepted 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 mav 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 llie same. 



'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, 189G. 



