The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1905-03-01


sioners shall be just and reasonable to
properly safeguard the interests of the
public, the municipalities concerned,
and owners Of property abutting on the
canal; such restrictions may be put in
the deeds Of transfer IN the form of
covenants running with tile land, or
otherwise
Sales Of the lands and water rights
of the canal company III Lake Hopat-
cong and Greenwood Lake, respectively,
and Of the lands in on under the dams
Fat the outlets thereof. shall be made
subject to the restrictions. and upon the
covenants and conditions, that said dam
shall be forever maintained by the
grantees thereof, their heirs, successors
or assigns, so rs to impound aud retain
the waters of said lakes at their respec-
tive present levels to be ascertained, as
hereinafter provided; that in the case Of
be drawn down for any purpose 50 as
to reduce the same more than two feet
below such level in April, or more than
one foot below such level in May or
june or more than three feet below
snch level between July and Septem-
ber 10, or more than four feet below
such level between September Is and
October 10, or more than Eve feet below
such level between October Is and No
vefnber 10, OF more than seven feet be
low such level between November l5 and
April 1 and that in the case of Green
wood lake the waters shall not be drawn
down for any purpose more than three
feet below such level in May or June;
or more than four feet below such level
in July or August or more than FIVE
feet in September, or more than six
feet between October / and May ! pro
yided, however, that the waters of said
lakes may be temporarily drawn down
whenever it is necessary SO to do, for
the purpose of renewing or repairing
the dams and the works appurtenant
thereto; such renewals or repairs shall
be made and completed with diligence,
50 that the waters may be again inn
pounded at the earliest practicable date,
and shall NOT be made during June, July,
August or September. except in case Of
emergency, involving the safety Of the
dam or its appliances.
Such sales shall be made subject to
the further restrictions. covenants and
conditions that the inhabitants and prop
erty owners ON the borders of said lakes
above the dams shall be permitted to use
the same for bathing, fishing and boat
ing, and (either collectively or indivii-
ually) as a water supply for domestic
and fire purposes as heretofore without
let or hindrance of the grantees of sai,i
lands Or water rights, their heirs, sue
cessors or assigns; provided that said
inhabitants and property owners shall
not divert OF carry away the waters out
of said lakes, or either of them, beyond
the watershed Of the lakes respectively,
or place or discharge into said lakes. or
either Of them. any house drainage, sew
age, offal. excrement, dye stuffs, man
ufacturing wastes or other offensive,
harmful. or deleterious matter. Sail re
strictjons, covenants and conditions shall
be inserted in the grants o. convey
ances of said lands or water rights, ana
shall run Herewith, and they shal have
the force Of contracts in eayor OF Inc
said lakes, their heirs and assigns re-
spectively, and shall inure alike to the
beneft of said property owners and the
State, and may be enforced not only by
the State, but also By said property own
ers for the time being, or any of them,
by action in the Court of Chancery or
elsewhere.
If the water Of either of said lakes
shall be drawn down below the limits
above prescribed, by reason of the de
ticiency, destruction orr decay of the