The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-06-05
AttOrney-General Holds
Supply Can't Be Sold
via Little Falls.
EAST JERSEY CAN DIVERT
WELL PRODUCT, HOWEVER
Wilson Finds State Commission
Has No Jurisdiction in
This Respect.

TRENTON, June 5-If the State
Water Supply Commission follows the
opinion handed them today by Attorney
General Edmund Wilson, it will not
grant the application of the Hudson
County Water Company to supply water
to Staten Island. The opinion holds
that the commission is without power
10 grant the right to supply water from
Little Falls, and at the same time holds
that the commission has no Jurisdiction
in reference to the disposal Of waters
from driven wells.
This is defeat for the company,
as 1t wanted to sell its driven well
water via the Little Falls pipe line. to
Staten Island. It could sell its well
water direct to Staten Island II 1t had
pipe line direct there. and wanted
to do>so. But the company had its own
designs in wishing to send the BELIZE
vile well water via Little Falls.
In his opinion Mr.. Wilson says:
l am making specific answer to certain
questions presented for my consideration
by your note Of May 18 You ask. Has
the State Water Supply Commission 5urts-
dlction over waters procured from driven
divert out of the State waters procured
from driven wells; has il the right to con-
sent TO the diversion Of such waters cre
mission may exercise must be found m
the act which establishes a State Water
Supply Commission This act defines your
powers and duties and details the con-
dition under which the waters OF this
State may be diverted
No Iurtadfc<fr~
Such powers and duties as are enumer-
ated in the statute and all acts OF diver
sion contemplated by 1t appear to re1ata
wholly to superficial water, and not wa
/ ter obtained from subterranean sources.
Accordingly, / am of the opinion that
this statute confers no control or Jurisdic~
ton over water procured from driven
wells, to use the words employed In your
serve as responsive reply to each OF
the questions above stated.
Your fourth inquiry is as follows: 7as
II the right to consent TO such diversion
V ster, provided means be taken to accur-
ately determine the exact quantity OF
water obtained from subterrenean sources
and such quantity only be diverted? This
query requires additional comment.
If you find as a fact that the plan
OF diversion and distribution therein
referred to involves the actual delivery
into another State by conduits or 9TH
erwise of waters taken from any fresh
water lake, brook creek, river or any
stream in this State, such diversion and
distribution is made unlawful by leg
islative enactment and your consent
must therefore, be withheld.
IT. upon the other hand, you find as
a fact that the plan involves merely.
the delivery and distribution Of water
emana ting from a subterranean source
into another State, by conduits or
otherwise. then ! am of the opinion
that. though the delivery and distribu-
ton of such water is not forbidden by
statute yet the matter Is one in respect
to which you have no jurisdiction or
control
Water Company's Plan.
The duty and responsibility Of deter
mining whether or not such plan of necee-
sity, and. in fact, implies the handling
! of surface water, Is one, of course, for
your determination, and not mine
The plan of the company as outlined
to the State Water Supply Commission
by Turner A. Beall, president. and
Robert H. MeCarter, counsel, was to
lay a separate pipe line from the wells
beneath the Passaic river to point in
Kearny, there to connect with the pipe
line that conveys Passaic river water
from the East Jersey Water Company
intake at Little Falls to Bayonne.
This water is purchased from the
East Jersey by the Hudson County
Company. which has the contract to
supply Bayonne. The plan oonten-
plated another pipe line to be con-
structed beneath the XIII Won Kull con-
Meeting the Bayonne system with that
of Staten Island.