HYDROLOGY OF NEW YORK 



641 



Thus far the trend of legal decisions in the State of iSTew York 

 and in the United States generally has been against compensa- 

 tion in kind in water diversion cases. 1 Our courts have usually 

 held that money compensation may be exacted in such cases. 

 But on the Hudson river, where water rights are not only appreci- 

 ating in value rapidly, but are furthermore mostly held by strong 

 manufacturing corporations, it is possible that the principle of 

 compensation in kind could be applied by simple agreement with 

 the present owners. At any rate, we may assume for present 

 purposes that this is true, and accordingly briefly discuss a sys- 

 tem of compensating reservoirs large enough to supply 500 to 

 600 cubic feet per second, either continuously or so far as might 

 appear necessary after a more thorough study of the regimen of 

 the stream. 



With Hudson river runoff, the capacity of a reservoir capable 

 of certainly furnishing 650 cubic feet per second continuously 

 should be, roundly, 16,000,000,000 cubic feet. To furnish 550 

 cubic feet per second continuously about 12,000,000,000 cubic feet 

 would answer. The location and approximate cost of a series 

 of reservoirs for this purpose would be as follows : 



Name of 

 Reservoir 



Location, 

 on what stream 



Estimated 

 capacity in 

 cubic feet 



Tributary 

 catchment 



area, in 

 square miles 



Estimated 

 cost 



Conklinville ... 

 Lake Pleasant . . 



Piseco lake 



Arietta flow .... 

 Wakely flow . . . 

 Boreas and Che- 

 ney ponds .... 



Sacandaga river . 

 Sacandaga river . 

 Sacandaga river . 

 Sacandaga river . 



10, 000, 000, 000 

 1,400,000,000 

 1,725,000,000 

 1.400,000,000 

 1,819,000,000 



1,411,000,000 



900 

 45 

 55 

 40 



58 



45 



$1,400,000 

 110,000 

 100, 000 

 80, 000 

 150, 000 



160, 000 



Total 





17, 755, 000, 000 





82,000,000 









Taking into account the large catchment area tributary to the 

 proposed Conklinville reservoir, it is considered that the fore- 

 going total storage of 17,755,000,000 cubic feet would considerably 

 more than compensate — on the basis already outlined — for the 

 permanent diversion of 775 cubic feet per second. 2 



See case of Black river cited on page 539. 

 2 The stated tributary catchment area of 900 square miles above Conklin- 

 ville is exclusive of Lake Pleasant, Piseco lake and Arietta flow catch- 

 ments. The total, with these included, is 1040 square miles. 



