The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-11-04
Opinion to Potable Water
Commission by Attorney
General McCarter.
RIGHT TO ALL IT BOUGHT
City Is Entitled to Receive, With
out Additional Taxation, the
Full 100000 Gallons a
Day From PequannOCk
That 1t Paid For.

Acknowledgement Robert IL. NC
.-arter In a decistion rendered today
10 the State Pota ole Water Commits
sion. through the consulting engineer
Morris r. Sherrerd, In regard to the
Newark water supply. on the question
whether Newark wo uld be compelled
1,nder the law, to pay for all the water
used in excess of VII at is now pelne
legally used, 49, 900 gallons a day
ruled that the commission viii nave nc
right to tax this city for the water
,,sed from its w water sheds ntl
the consumption shall exceed the ffty
million per day capacity, which may
be legally diverted.
Mr.. S~herrerd's letter. which was
written by him on Instruction from tne
commission asked for an opinion as 10
the mower of the commission under the
act and further informed tue Attorney
General that when Newark contracted
for the water shed, which Is the prop
artv of the city, it contr acted FOR a
water supply of 50l0O0,000 gallons a day
forever and providing for storage res
ervoirs. II,
Mr.. Sherrcrd ended his etter with
tho statement that the question was a
much mooted one and hao given the
commissioners considerable concern
and had caused much uneasi ness IN the
civ as to wether the city was about
to be made to pay for it's own water
The replv of the Attorney-Eenera IN
part is as follows:
-, hss heen suggested that inasmuch as
tho CITY of Newark, under its contract
hereinafter referred to, with ine Ease 1eI.
sew Water Company, - only at preseh'
consuming 36.A)0,000 gallons pAr day,, al
though II has bought from the Lenlsn
Valley Railroad Company anc the Eas'
Jersey Water Company, and pau lot IN
right to take 50-SOo.OO galphs' ot ~ Tvotiidd
BIZ 10 enable your commission 10 eAaCl w
annual license fee. III accordance Win ~
terms OF the eighth section, TOT lne fn
ference between the 35.0O0,ON n tne ~
dN.G0 A before stated, l think this is
an erroneous view. 49, .,., -,
Newark, p%ursuans to leglsla'l,SSsso made 4
contract With the Lehgh valley hallroao
Company and the East Jersey water SoH,
pany, by which the latter companiss
undertook 10 erect and construct all susI
dams. reservoirs and works as may p'
necessary to deliver to the city OF Newafk
al the places In the CONTRACT designated
"a oc. O0O eallon of wa cr daily.
'sThe contract was III alternative form
pe,mitting the company to supply the city
for q certain period aster the compleuol
of the plant with a roportionate par' ,p u
the so, 900, 900 gallons, and to devote th'
balance to other PURPOSES, or permitted th'
latter to elect to purchase the entlre suppls
and plant, and pay tine Full purchase pic
therefor. in which latter event, OF course
the cjtv became the outright owner oil I'M
entire supply, rather than the owner VI
only q part. ~. ant,on
Maid the full consideration therefor, ant
has been in possession OF a completes
plant, fully competent, as | am INFORMED
TO deliver so. 100000 gallons OF water dairy
An this had occurred long before IN
passage of The act creating your conimls
sion. and | think but one conclusion car
be reached. namely, that the CITY, OF new
ark. through Its contract VIII LnesS wv
corporations, all acting under legislatlV
sanction, diverted. within the Language y
chapter 252, a water supply adequate I
produce 80, O00,0 900 gallons a day;
"In order that there should be no mis-
understanding about this question, there
a provision in section 2 of chapter 2oZ, a
follows: Nothing In this act contalne
shall be construed to take from any munlci
pality In this State the right to use an
take all the water which 1t has the rlgI
to use or appropriate by purchase or con
demnation.
milton In the act of the rights OF the CIT
of Newark in the premises, ana l am at
loss to understand how 1t can be ser
ously urged that any liability will exist o
the part of the city Of Newark TO pa
any money by reason of the provisions {
chapter 252, for any water that It shh
hereafter consume from its present suppl.
until that co-nusummation shall at lea
consume from its present supply, util thu
consummation shall at least exceed fft
million gallons a day.
I'm my judgment the city is now diver
ing fifty million gallons a day. 1t ma
not be, at this particular iuncture. draw
Ing that much water through its pipes, bl
il has the right so to divert. II has q plal
capable of divertIng so much, and to hol
that the language Of chapter 22 requirin
payment for all such water hereafter d
legally diverted requires the city OF New
ark to pay upon any difference betwee
the amount at present consumed and y