New-York tribune., 1905-12-18
THE WATER SITUATIoN.

The movement to secure an enlarged and
adequate supply Of water for this city will enter
upon g new and more practical phase this
week. The State Water Commission which
has the whole case in hand. will continue Its
hearings, and will call for those specific and
definite data upon which alone disposition Of
it can properly be based. We have no doubt
that its ultimate action will be entirely favor
able to the needs and just claims Of this city.
But it is desirable and indeed legally neces-
sary, to proceed In an orderly manner and upon
the basis not Of vague general1zat1ons but OF
concrete and established facts.
For example the commission will require the
representatives Of the city TO prove the need of
an enlarged supply. To some, TO whom the
urgency of such need is painfully apparent
that may seem q superfuous formality. 1t is a
formality, but cannot consider it superhu-
Gus, any more than great many details of a
trial in court are superfuous. Such things must
be done, If for no other reason, to avoid what
might prove to be a mischievous precedent. Or
course, there will be not the slightest difficulty
In proving New-York's need, and the process
should not cause an hours delay.
II will also be necessary TO make sure that
the needs and rights Of other communities are
adequately safeguarded. Obviously, it would
not be Just for New-York to take water that
was required by some other city lying nearer
to the source Of supply. If Kingston, for ex-
ample needed the entire flow of water from
Esopus Greek, its claim thereto would naturally
have precedence over New-York's; or If 1t
needed only a part Of that flow, New-York
xyouId scarcely have the right to take 1t all and
deprtye Kingston Of its share. The cons1dera-
ton of this point likewise will not be much more
than a formality, for there Is and Is nKeiy 10
be no community in that region whose use OF
the water will seriously conflict with New
York's plans.
The third phase of the case may call for
more consideration. 1t has to do with the
question of indemnity to the people Of that re-
gion for tho injury and losses they VIII suIier
through New-Yorks taking the land and water
# wants. It is understood that this city means
to pay, and to pay fairly, for all it takes At
has paid or is paying, for what it has taken
in Westchester and Putnam counties, though
not always wisely. Because Of the unDuslness-
like methods of the Aqueduct Commission, IL
has in many cases paid mora than II shoud
have DONE and In manJ others 1ts payments
though fair enough In the end, have been so
long delayed that great hardship mas Deen
imposed upon the people The residents OF the
Catskiu region have right TO demand soiho
better system than that, and indeed the city
should certainly establish one for its own gooo.
If is fitting, too, that there should be some
definite and binding undertaking upon the sub
4ect and not a mere promise, in general terms,
to "do the right thing
The point on which there seems to us most
danger of difference of opinion is tnat OF IN
diract damages 1t is understood that suong
demand for such damages is being made
That is to say, If village is demolished TO
make room for a reservoir, as several villages
were in the Croton basin, the city Will De askeu
to nav not merely for the land it actually taxes
but also for the depreciation in value py reasoh
of the demolition of the village, which may oe
suffered by other properties which the CITY
doar NOT take We believe such damages were
noid in q few cases in the Croton region, Dut
tbe civ obviously would shrink from gen
oral annlication of the principle, as entalllng
simply fntolerabIe expense. The question VI
damages to persons as distinguished from prop
erty is also one which may give rise W sople
difference of opinion especially as the Clty Com
mission has not felt itself empowered TO oeVlSe
a plan for meeting personal damages aS re-
uuired by the State law.
UDon even these points, however, we snail eA-
pect an agreement to be reached winch VIII
be equitable and which will permit SPEEDY
procedure with this urgent work Inc TWO
fundamental principles to be borne IN MIND are
these: That New-York City must have water,
and that the rights of all parties concerned
must be equtabIy protected. Those principles
are not conflicting, but may be put ana kept
in ,,erfect accord and that is one of the duties
imnosed on the State Water Commission