The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1889-04-18
Who OWNS THE WATER?
Mr.. Ward Explains the Sub
jeCt to the Committee of
One Hundred.
JERSEY CITY's CHIEF DANGER.
How Mr.. Bartlett Rises Superior to
the Law--A Resolve Against
Swindlecates.

DWlndlecaJeS,
About seyenty-five of the Committee of
One Hundred gathered in the rooms of
the Board of Trade last evening to listen
to Mr.. Lebbeus B. Ward, of the State Board
of Water Commissioners, upon the sub
ject of the States water supply Mr..
Ward began by stating that the State
Board of Water Commissioners was APP
pointed under an act of the Legislature
passed in 1882
sThis act,' continued Mr.. Ward, twas
consequent upon the agitation which fol-
lowed the passage of the Hobart Water
bill in 1881. This bill, which passed the
Legislature, but was vetoed by Governor
Ludlow, was considered dangerous, as it
permitted private individuals to take pos
session of streams and sell the water to
cities and towns The bill was introduced
into the Legislature again the following
year, and it was to counteract its effect
that the Commissioners were appointed to
store the water of the State and distribute
it to the cities and towns desiring it.
'The Commissioners were directed by
the act to proceed, when applied to by the
authorities of any town, to make exam
ination of the needs of the town and sup
ply it with the waters most available.
'1As the expense of the examination was
to be borne by the town requesting it, no
application was made to the Board, and
the Legislature appropriated 5000 for the
purpose.
"The examination was made and the
ground which the Commissioners took
was that in justice to the various commu
mites and manufacturing interests of the
State, the waters of the State should be
kept as heritage for the State as whole
MR.. BARTLETT VERSUS THE COURTS.
"About the time the State Board was
investigating, it was proposed to supply
New York with water from the Ramapo
River. This led the Legislature to pass
law making 1t the duty of the State Water
Commissioners to put stop to such di-
version of the water from this State by ap-
pealing to the United States Courts to
prevent any one diminishing the flow of
any stream entering this State.
"Mr. Bartlett says that he has the right
to come into this State and take out its
water on the ground that water is prop
erty, and the Constitution of the United
States permits him to take his property
wherever he pleases; The courts were of
the contrary view in several important
cases. Here there is an irrepressible con-
flict between the two opinions. If Mr..
Bartlett's and the other companies are
correct, you had better make a contract
with them as quickly as you can, as they
have corner in the water of this State.
If, on the other hand, the State is correct,
you want to let them alone.
Mr.. Ward then proceeded to show by
legal opinions and decisions how there
can be no such thing as actual ownership
in running water.
In answer to questions put to him by
those present, Mr.. Ward said that the law
prohibiting taking of water out of the
State still exists
JERSEY CITY'S DANGER.
The great danger which menaces Jersey
City is the action of Newark. A contract
is ordered to be drawn I'D with the a.
high Valley Railroad Company to obtain
water from the Ramapo, Pequannock and
Wanaque rivers, the three rivers which
drain the northern part of the State.
The water of these rivers is among the
best to be found in the country. If the
city of Newark goes to the source and
plants itself there, and exercises the
power of condemnation which the Le-
high Valley Railroad Company claims to
have, they will supply themselves at our
expense. We will have q conflict with
them or will have to make the best terms
possible with thema
1t has been estimated by the Commits
sioners that an aqueduct from the intake
at Bloomingdale to the reservoir at Belle
vile capable of supplying 60000,000
gallons day can be built for 1000, 600.
The plan of the Board is to supply Jersey
City and Newark by this aqueduct and
no estimate has been made for a smaller
one. The three rivers which come to-
gether at Pompton drain an area equal to
that of the Croton Valley, and as capa-
BILE as the Croton Valley of supplying
$50, 100000 gallons day. But still it is
not so abundant that New Jersey can
afford to give it away.
Mr.. Booraem asked if the State could
not convey away the water upon the same
principle that the Riparian Commission
ers now sell the lands under water. Mr..
Mr.. Frank o. Cole objected to answering
the question on the ground that it was the
same one which the Attorney General had
refused to answer.
NO PROPERTY IN RUNNING WATER.
Mr.. Ward, however, replied that there
could be no property in running water, so
the State cannot ALLEVIATE it.
The opinion of the Attorney General is
that any grant of this nature would be
ultra UtreS, as the State would exceed its
power.
Mr.. Ward did not think that Bartlett
has the property in the water of the State
which he claims. The water OF the three
rivers he was speaking of, he said, was as
pure as any in the land He is not one of
those, he said, who consider the Passaic
bad drinking water The power of con-
demnation given Newark does not extend
beyond the territory necessary. for their
uses
The water of what is called the Upper
Passaic, which is above Little Falls, is free
from animal substance. Its discoloration
is caused by the swamps it drains. Water
taken from Little Falls can readily be
conveyed to the Bergen Hill reservoir.
The plans of the State Commissioner
were for gravity supply of water for
the towns and cities in this section of the
State, and Mr.. Bartlett has adopted those
plans without mentioning the fact.
A law was passed in 1877 which provides
for the incorporation of companies for the
storage of water. This is dangerous
law, as it permits the companies formed
under it to amalgamate with other incor-
porations, either in or out of the State.
There is but one city of the size of Jer-
sey City in the country which gets its
water from private company. San
Francisco is the exception, and the rela
tions between the city and company are
always warlike.
MR. COLES RESOLUTION.
Mr. Frank o. Cole offered the following
resolution
The committee of citizens of Jersey City who
have listened to Messrs. Bartlett and Ward be-
lieve that Jersey City should procure as soon as
practical supply of pure and wholesome water
for the use of its citizens, but are unalterably
opposed to any control of such supply being in
ofber hands than fhnSa of their own al taA ra-