New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-08-26
STORAGE Plan OPPOSED.
Would Flood State Lands, Forest
Board Counsel Says.

Albany Aug. % (SpeciaD.-Accordi to John X.
Ward. general counsel for the State Forest. Fish
and Game Commission. the application filed with
the upstate Public Service Commission by the Hud-
River Electric Power Company for consent to
bIiIG a dam on the Sacondaga River at COnklins-
vile, Saratoga County. and 10 create large stor-
age reservoir for electrical power purposes, would
mean. if approved. the flooding of state lands.
against the expressed intent the state constitu-
ton. The company proposes to make the improve
ments with the proceeds of a bond issue of $S.S2-
co. Arguments this proposition will be heard
by the commission at hearing next Tuesday.
The proposed reservoir, it is said, will tnundate
1c,oOo OF land In the Sacordaga Valley.
and the commission, believing that possibly state
lands would be flooded and that the states inter
ests in waterways would be affected. brought the
matter officially the attention Of the State Engi-
ard the Forest. Fish and Game Commission
Both departments have made careful inquiry into
the project State Engineer Skene has transmitted
10 the commission copy of the report thereon of
the resident engineer Of his department. The lat
ter believes that the reservoir will not directly in
terfere with any existing law plans relative to
state canals On its probable effect the naviga-
bty of the Hudson River the report is as follows;
The sfconda aga RiyeE i trbntsE to the Hudson IL
ia and is proposed to be used in conjunction
with the barge canal The present plans conten-
plate the navigation Of the Hudson River and the
construction OF locks and dams thereon The pres
cation season will be conducive to good navigation
conditions The object of the proposed reservoir
son flow, 1t IS presuma5e that construction and
operation of this reservoir will improve the navi-
CATION condition the Hudson River
The proposition as il comes to us does not con-
tain any guarantee that the operation Of the reser
voir will be conducted In a manner advantage9us
70 navigation conditions II in The future regiIa-
becomes desirable the preoccupation of one of the
targeS ana 6eSI aTTapie r ofbe saryors
in the upper Hudson drainage basin might be de-
cut Of harmony With the genera reservoir system.
Under the comInon law the owner @I 3 Eeserv t
IN any reasonable manner required for his actual
use Il may he that the common law sufficiently
safeguards the interest of the state in this case.
It appears ne, however. that fnasmuch as the
navieation purposes rpe are not entirely similar
placed upon the construction of this reservoir as
shall safeguard the state fully. For example, II
may he wen 70 rf Of hs could Be
taken by the state at some future time ~ IL
ent that intended by the constructorS Fur io
state cannot be held liable for any damages thar
may arise from the failure or in the operation OF
release or withholding of water therein
State Engineer skene. in his letter of transnnitta
says that he concurs IN the findings OF the resi-
dent engineer that in relation 20 the nagivaon OF
the Hudson River during the navigation season the
interests of the shall be safeguarded in such
q way that the operation OF the reservoir VIII be
controlled 20 a greater extent than that allowed
by the common law, and also that the state cannot
be held liable for any damage which may arise
through the operation of the proposed reservoir.
The New York Board of Trade and Transporta-
ton through its secretary. has requested the COM
mission 20 furnish It with copy Of the application
papers. and it is probable that this board VIII be
represented the hearing.
Other letters have been received by the commits
sion recently from property oW-neTs and residents
Of Sacandaga Valley, whose lands will probably be
affected by the proposed reservoir, objecting most
seriously the proposition.
The rehearing is 10 be held on the application Of
the Fonda. Johnstown & GIoversvie Railroad
whose tracks are TO be flooded for some distance
should the reservoir be constructed. The railroad
comDanv holds that overtures made to 1t
by the applicant company for permission 10 invade
its property and that the estimates of raising the
tracks TO a new level are considerably below the
actual cost and damage which would result to its
property.