The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-10-15
State Potable Body to In
quire Into Business With
Staten Island.
WILL CALL HUDSON MEN
At Meeting in This City Takes
Up Matter of Supplying
Water Out of State.-Must
Prove That Law Is Not
Infringed Upon.

The first meeting of the State Potable
Water Commission held in this city took
place today in the City Hail. Notice will
be sent to the Hudson Water Company to
show its proposed source of supply cf
potable water for Richmond Borough,
Staten Island.
The commissioners threshed this ques-
ton out thoroughly, and the State.
potable water act that created the COM
mission empowers that body to have cor
porations or other bodies produce their
papers and make statements as to the
water supply and gives the commission
the power TO subpoena witnesses.
The company will be required to show
that II is not infringing on the law by
diverting the potable water from the
State.
This action was taken because of the
fact that modified contract has been
drawn between the city of New York on
behalf of the Borough of Richmond and
the Hudson Company, whereby the COM
pany is to supply Richmond Borough with
potable water with a maximum of 10,0O0O0O
gallons per day for the term Of ten years.
The first contract between the city of New
York and the West Hudson company for
the Staten Island supply was entered into
in 1905. and the amended contract into
which the commission will inquire was but
recently approved.
Onuer the potable water ACT, knOWn as
the Bachelor act, it was rendered impos-
sible to divert water from the State, but
it was contended that sub-surface water
could be diverted This, in turn, was rem
dered impracticable, and the loophole by
which the company expects to get the
Staten Island supply out of this State is
that the act does not cover ggat tab N
from driven wells on the prcpercy OF the
company or corporation. An action was
brought at the time the act was passed to
test its constitutionalty as to the diversion
Of sub-surface water. and when the case
was carried to the Court of Errors and
Appeals of this State the decision was that
surface water could not legally be diverted
from the State, bur that sub-surface water
taken from property belonging to the cor
pora tion or company taking the water
from the State could.
The Hudson Xyqter Company is sub
sidiary OF the East Jersey Water Com
pany, and SO far as is known to the COM
mission, has no water rights In this State,
supplying Bayonne with water from the
Passaic River at the plant of the East
Jersey Company in Little Falls, and 1t Is
expected that the water will be taken
through Bayonne and carried to Richmond
Borough through the mains being erected
in that city.
The commissioners will have the Hudson
officials before them to explain where they
will get the water and what kind of water
IL is and will investigate whether it is
the intention of the company toymix sub
surface and surface water, in which case
the commission will stop the diversion OF
the water, and may stop it II in any case
there is technical breach Of the law.
The commissioners also took up the
question Of the Elizabeth Town Water
Supply Company and the Middiesex Water
Company for rights on the Raritan. Plans
hna lpd nd a A.
ton by the commission. As is provided
by the law the commissioners must per-
sonally view the water source, and Will
make a trip to that vicinity in the near
future.
The commissioners on Friday will make
tour of inspection of Ramapo Green
wood Lake and Lake Hopatcong and viii
visit the source of the Newark water
supply in the Pequannock Valley. AT
the latter place the question of the liabil-
ity of the city to the State for water
used in excess of the amount at present
used, will be taken up. At the present
%. 100000 gallons a day OF twenty-four
hours is the average consumption in the
city. and there is a possibility of the city
needing millions of gallons more per day
10 the near future
The law provides that each municipality,
corporation or private person now diverting
stream or lake in this State for the purpose
of water supply shall make annual pay
ment yearly to the State Treasurer for all
water hereinafter diverted in excess of the
amount now legally diverted, that no pay
ment shall be required until after the di-
version shall exceed 100 gallonsper day per
capita for each inhabitant of the munich
pallty in question" The price OF the water
in excess OF the amount stated shall be
paid TO the State at rate of from 81 10
SO per million gallons, to be determined by
the commission.
This is doubtful as the city has rights
ON the watershed in perpetuty, and for
all the water the sheds are capable of
supplying.
In consideration OF the important work
now before the commission the sessions
in the future will be public.
= Charles Fl. F'olwe or Mount Holly, was
chosen secretary of the commission at
saIary of 81 900 per year. before the COM
mission got down TO business,