HYDROLOGY OF 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 



H44 X. Y., 579. 



