The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-05-02
WATER LEGISLATION IN JERSEY
scope of the Bill Now Before the
Seuate nj Trentom.

scope of the ELL Now Before N
Senate at Trenton.
From the Negc York En- n.ng Post.
The question of private or public owner
| ship of watersheds, meaning the right to
! collect and distribute the water contained
| therein. is one that has never come up in
| this country in a form so vitality affecting
| the pnblic welfare as the hill recently intro
| duced in the New Jersey Legislature by
| Senator Bradley. This bill asserts and pro-
| poses to give practical effect for the nrst
time to the doctrine OF public ownership pys
| placing the more important watersheds OF
the State under direct public control,
| through the agency of a State water board,
| for the purpose of furnishing to all NUM-
| CAPABILITIES which may apply therefor an
abundant and perennial supply OF the pur-
| est water at actual cost. according 10 a
| carefully formulated method OF adInlnlstfa-
ton.
The bill. which was commended to the at
| tention of the present Legislature in the
| Governors annual message, Is something OF
| a novelty in state legislation. The praculce
| in different States and Kingdoms with re-
| gard to the supply of towns With water mas
been for each community TO act inoepenu-
| emily. and under a separate legislative act 10
| 90 to the nearest available source, and, by
| an aoueduct, connect the municipality with
If. The same thing is frequently done under
general acts where special legislation is
tabooed, as it is in New Jersey. In tnaG
State the concentration of populatlon ana
the geographical CONFORMATION are condl-
tions which point to the necessityo of asystem-
affixed water supply. Otherwise, there would
be- competition among the cltles Ior tne oniy
sources of permanent water supply when
the State affords, with the result uhaG the
catchment basins would be m~onopolized by
the cities of the largest class. IA smaller
80. " - --z-f1 4n xy, %p nantpl1t Thanh
selves with the inferior water drawn from
contaminated streams within populous areas,
or become purchasers of water from the
works of more powerful nelghbors. FRO
iected combinations of municipalities for the
Joint ownership Of works have proved IND
practicable in the case of Newark and Jersey
CITY. The double alternative to this condl-
ton of things is the formation of a water
trust by private individuals or a control OF
the system by the State.
New Jersey is one of those states In which
the English common law is adopted as the
basis of jurisprudence, and under the DOC
trine of riparian ownership in the fresh
water, non-tidal portion OF the streams toe-
signated in legal phrase private waters, a
broad claim has been made in this State, as
in California in the celebrated irrigation
case of Lux VS.. Haggin, to an actual owner
ship for the water itself by the RIPARIAN
proprietors, carrying with it the power or
establishing a monopoly in potable water.
THE possibilities of great profit from the sale
and distribution of the mountain waters of
the State, if these claims were capable OF en-
forcement were sufficiently great to attract
the attention of New York capitalists within
the last ten years. The danger Of permitting
such rights to vest by allowing the waters in
question to be reduced to actual possession
through construction Of works for their
storage and conveyance has been brought to
the attention of the Legislature from time
to time. by successive Governors, without,
however, having received the attentlon OF
the ~law-making body.
The pending bill was drawn In 1888, when
the necessity of Improvement IL the water
supply of Jersey City, which had been long
felt. induced the Board of Trade Of that city
to take action by the appointment OF a com
mittee charged with the preparation OF an
act to organize q State water-supply; the
bill SO drawn was presented to the Legisla-
ture of 1893 at too late a date in the session
to receive attention. Tbs Oil, entltisa An
act to ascertain the rights Of the State IN
certain waters of the State, and to provide
for furnishing a State water-supply to the
municipalities thereof, and to create a State
water board empowered to construct and
maintain works for that purpose, Z attacks
the problem in an incisive way by asserting
in the first section that the right to the
control and use of the waters In question
and of all flowing waters in the State shall be
deemed to be vested in the State till the
contrary be proved. 1t th~ereupon proceeds
to set apart as a State watershed the whole
of the area drained by the waters of the
Ramapo, Wynockie or Ringwood, fsocka-
way, the north branch OF the Raritan
River, and the waters Of Lake Hopatcong,
embracing oil the most valuable sources OF
water supply IN the northern, mountainous
portion Of the State. 1t places this water
Shed under the absolute control, as to appro-
priation and control of the waters therein,
of a State Water Board, to be appointed by
the Governor. This board is to deal with
the cities directly, construct and maintain
works for storage and collection Of waters
in areas named, and, upon application OF
any municipality, to furnish such munich
paiity with water delivered at its boundary,
through a system Of arterial pipe lines.
The arrangement to be entered into be-
tween the city and the water board is to be
in the nature of a perpetual contract, under
which the city is guaranteed an adequate
supply of water for all time from the State
watershed. This act does not in any man
ner concern itself with the internal arrange
ments of a city for the distribution OF water
to its inhabitants, but provides that an an
nual assessment shall be made on each city
of the rataDle amount Of the annual ex-
penses of maintaining the supply, including
the interest on the cost of the works and q
sinking fund for extinguishing the debt ere
ated for their construction. Such assess
ment takes the form Of a tax, Ind is collect
ed in the same manner as a county tax, with
the further provision that IN the case of a
default, a receiver shall be appointed by the
Supreme Court, who shall be authorized to
make summary collection.
There is no doubt but that the passage of
this act would free the State from the posi-
bilitles of -monopolistic extortion and give
to the various municipalities a good water
supply at q minimum cost. Its benefits will
inure to all sections Of the State, and not
more to the ~populous centres than to the
weaker or rernoter communities, which, like
the sea coast resorts, and the suburbs of the
great cities, are, owing to various causes,
destitute Of good local sources Of water sup
ply.