The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-03-08
STATE WATER CONTROL.
The Commission Bill Introduced in
the AssemblY-lts Pro-
visions.
Special to the JERSEY citv Ne,us.

TRENTON, March 3, lo93.-Th S6ate
Water Commission Bill drafted by n Com
mittee of the Jersey City Board of Trade,
was introduced 10 the Assembly just be-
fore adjournment yesterday by Mr..
O'Brien. of Morris county. The measure
was prepared bv Mr.. Lebbeus B.. Ward,
Mr.. James Flemming and others who
have taken an interest in the subject. Its
object is TO place control of potable water
in New Jersey in the hands of a State
Board of Water Commissioners. The bill
embodies the ideas of Governor Werts
relative to the control of potable water.
and was submitted to the Governor for
his approval before it was given to Mr..
O'Brien. The immediate object OF the
promoters of the measure is to relieve
jersey City of the embarrassments that
surround her present efforts to secure q
wholesome supply of water.
The first section declares that the right
to the control and use of the potable
waters of the State shall be deemed to be
in the State unless the contrary right is
established. Unless such right has vested
previous to the passage of this act, no
person or corporation shall hereafter
divert any water within the boundaries
of the Stats watershed defined in this
act, except under its provisions. All such
rights heretofore granted by charter or
statute are revoked and cancelled except
in SO far as such rights have been exer-
cised. The State water shed is to consist
of the territory drained by the Ramapo
River, Ringwood River, Pequannock
River. Rockaway River, north branch of
the Raritan River, SO much of the south
branch of the Raritan as Is above High
Bridge, and the wafer shed of Lake Ho-
patcong. The control of these waters is
delegated to the commissioners provided
for in the act and known as the State
Water Board, whose duty it is made to
defend the rights of the State as regards
the use of these waters and as to the
policing and other lawful control thereof.
tt MAINTAIN B RIGHTS.
To preserve these rights, the State
Water Board is authorized to institute
actions at law in any courts, and the At
torney General Is required to prosecute
the same at the expense of the State, as
well as to defend any suits brought
against the Commissioners n based
upon any alleged right other than that OF
the Sta g to control those waters.
Any municipality desiring to receive q
water supply from the State watershed is
authorized TO make application to the
| State Board therefor, and thereupon the
State Water Board Is to consider such
| application and to make examinations
and submit plans and estimates to such
municipality, accompanied by recon-
mendations as to the best source and
method of furnishing a supply to such
municipality, either sfngly or jointly
with other municipalities. as In the
Judgment of the State Board is most eX-
pedient.
The plan so reported shall be submitted
to a vote of the municipality at any regular
election occurring sixty days after such
report is made. If the result of the cleo
tion is favorable to the adoption of the
plan the commission shall be notified and
shall proceed to construct works and fur
nish tie municipality SO accepting the
| plan and the provisions of the act with q
permanent supply of water from the State
watershed. The report of the CoElmis-
sioners shall name a contract rate per
1000, 900 gallons of water and shall guar
autee tnat the average cost of the water
to the municipality shall at no time ex-
coed UGH contract rate.
NOT INTERNAL WORKS.
The bill says
The work so to be constructed shall not include
any street mains or other apparatus constitut-
ing or directly pertaining to the internal water
system for such municipality, and the point OF
delivery of the water by the State Water Board
shall be some point in the boundary of the
municipality, unless otherwise agreed. Such
works when constructed shall be and remain
under the exclusive management and controlof
the State Water Board, and any municipality SO
accepting the terms and provisions OF this act
and complying Herewith and making the annual
| payments herein required, shall, at all times
after the Introduction therein of State water
supply hereunder, be entitled to receive from
the State watershed or other sources which
may hereafter be placed under the control of the
State Water Board or its successors, an adequate
supply of pure water for the use and consump-
ton of the Inhabitants and the extinguiShment
of fires. and the liability SO accepted and as
sumed by such municipality Shall be only for
the annual payments in this bill required.
In case the majority of the electors fail
to accept the plan. the municipality is at
/ Ia -wNw > ra.ary ffe - n - NJ n~xr
time thereafter, aud request the State
Board to present d different or modified
plan. 1t shall be optional with the Board
to present a modified plan.
All lands or real estate acquired under
this act shall be assessed and taxed as
value OF land exclusive OF value of pipes,
machinery or works placed thereon. The
law confers the usual powers for con-
demning and acquiring lands and rights
necessary for the construction of the re-
~servoirs and a~cqueduct.
HI FINANCE SCHEME.
The Board is empowered to issue bonds
to be styled water revenue bonds,'
The body of the bond shall contain a de-
cIaration that the security therefor Is the
annual payment collecGable from NUM-
cipalities, and the stipulation that a sink
ing fund of l per cent. per annum shall be
invested and held in trust for the redemp-
ton of the bonds. The bonds will nave
I q w al - HAAk A0O 1901 AlO2O
thar 4 per cent. interest. The annual
payments of municipalities to meet the
interest upon the bonds and provide
the sinking fund shall be assessed
by the Board on July l of each
year., in proportion to the guam
tity of water used by each
municipality aud the special expendi-
lures, il any, incurred on account of such
municipality. The amount of the annual
assessment may be paid in whole or In
part from water rents or by general tax,
as the municipality may decide. Out of
first moneys collected under the annual
tax levy, after reserving the amount due
for county institutions, the moneys are
to be returned to the Treasurer of the
State Water Board, and by him deposited
In the State Treasury. and are pledged
by the act as security for the bonds. In
case of any default in the annual pay
ment the State Water Board shall apply
TO q Justice of the Supreme Court for the
appointment OF a receiver for such NUM-
cipality, and which appointment being
made, all taxes aud water revenue III
such municipality shall be paid to the
receiver, vino shall apply The same TO
psymeut of the amount due the State
Water Board. In case the authorities of
any municipality shall fail or refuse TO
levy or collect taxes or water revenues
the receiver shall be authorized to levy
and assess as well as collect the same.
FORMATION OF CONTRACTS.
The bill continues
The Board may, subject to the approval of the
| Governor, enter into a contract or contracts for
supplying water from such acqueduct or works
to any private water company having and oper-