604 



NEW YORK STATE MUSEUM 



the public uses aforesaid, just compensation being ascertained 

 and made for all private and public property so taken as in this 

 act authorized. 



It is also stated that in the judgment of the Legislature, the 

 compensation for lands condemned should not be paid by the 

 State, but should be paid by and through the corporation created 

 by the act. 



There is some doubt about the constitutionality of this provi- 

 sion ; and the first thing to be done, therefore, is to test its con- 

 stitutionality. For this purpose a friendly test case should be 

 brought and carried to the court of last resort. 



The next thing is to take options on the water rights from Lake 

 Ontario to above the upper falls at Portage. There are about one 

 hundred owners in all, of which about forty are at Rochester. 

 The largest owners are the Rochester Gas & Electric Company at 

 Rochester and William P. Letchworth at Portage. 

 . The act of incorporation provides for condemnation of fiowage 

 ground of reservoir, if satisfactory arrangements can not be 

 made with the owners. Before such proceedings can be insti- 

 tuted it will be necessary to have a map of the fiowage ground, 

 showing what area is to be taken from each owner. Such a map 

 should be made at once, because many of the owners — probably 

 from one-half to two-thirds of them — can be settled with without 

 litigation. In order to accomplish this the flow line needs to be 

 determined and the area of that portion of all farms extending 

 up the side of the valley above the flow line and which is to be 

 takeu into the reservoir carefully computed. This survey will be 

 the basis of the maps required by law to be filed with the county 

 clerk. 



The Pennsylvania railway now passes through the middle of the 

 proposed reservoir for a distance of 15 miles. The storage plans 

 include a relocation of this railway, on the west side hill well 

 above the flow line. The increase in manufacturing and growth 

 of population at Rochester and other points in the Genesee val- 

 ley, which are certain to follow the construction of the Genesee 

 river storage, will naturally incline the railway officials to be 

 favorable to the project, but nevertheless since the negotiation 

 with them is likely to consume considerable time, it should be 

 gotten underway ;is soon as possible. Indeed, i( is necessary 



