HYDROLOGY OF NEW YORK 



601 



river at Rochester, filed a memorial with the Legislature setting 

 forth their grievance. March 23, 1852, a select committee of the 

 Assembly reported in favor of a relief act, and accordingly chapter 

 641 of the laws of 1853 authorized the Canal Appraisers to exam- 

 ine and report upon the claims of Jacob Graves and others on 

 account of diversion of water from Genesee river. In February. 

 1851, the Canal Appraisers presented to the Legislature their 

 report upon the claims of Jacob Graves and others, as authorized 

 by chapter 611 of the laws of 1853. A majority report was pre- 

 sented by Messrs. D. A. Ogden and A. H. Calhoun and a minority 

 report by William J. Cornwell, these gentlemen constituting the 

 Board of Canal Appraisers of that day. The majority report 

 denies the petition for the following reasons: 



1) The State in 1822 took possession of and acquired the right 

 and title to so much of the waters of Genesee river as was then 

 and will in all time to come be necessary to keep the Erie canal 

 in navigable condition, reference being always had to the supply 

 from Lake Erie and other permanent sources, and by no subse- 

 quent act has the State abandoned or parted with the title thus 

 acquired. 



2) The owners and occupants of water rights having failed to 

 prosecute their claims for permanent injury under the act of 1817. 

 or other acts subsequently passed, have no remedy but through 

 the Legislature. 



3) There are equable considerations which commend most of 

 the claimants to your favorable consideration. 



Mr Cornwell differed in his minority report from some of the 

 conclusions of his associates. 



The Genesee River Company 



The Legislature authorized the construction of a reservoir at 

 Portageville in 1898. The following facts are given in regard to 

 the company authorized, which was to be known as the Genesee 

 River Company. It was organized to develop the water power of 

 Genesee river to its fullest extent. 



For the purpose of developing the water power, it was proposed 

 to construct a large storage reservoir at Portageville, fifty-seven 

 miles south of Rochester, with a capacity of 15,000,000,000 cubic 

 feet. Such a reservoir will make a lake fifteen miles long, from 



