Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-11-16
IN WATER
CASE OPENS WAY
FOR CONSERVATION
State Commission, in Statement,
Points Out Benefits in NUM-
cipaIities Affected.

TRENTON, Nov. 16.-After the meet
ing of the State Water Supply Com
mission today they handed out the toll
lowing statement:
No other decision that has been
handed down by the courts so vitaiiy
affects the water situation in New Jer-
sey and opens a way to the states
plan of conservation as the victory OF
the city of Paterson over the East Jer-
sey Water Company in the Court OF
Errors Inc Appeals on Monday. For
two years Paterson has been fighting
the right of the East Jersey Water
Company to divert water from the
Passaic river, contending that the
State. as a riparian owner below, was
entitled to the full flow of the Passaic
river. lce-Chancellor Emery last year
decided in favor of Paterson in its con-
tention. and the Court of Errors INT
Appeals now affirms h vice-chancel-
lor's decision. Under this ruling the
East Jersey Water Company must dis
continue its illegal diversion of water
from the PaSsaic river at Little Fails
early next spring. It thus becomes I'M
portant that steps be taken looking to
a new source of supply for the many
large communities now depending upon
the East Jersey Water Company for
their water. The decision of the Court
of Errors and Appeals Is hailed as a
great victory for the city of Paterson,
and apparently leaves the East Jersey
Water Company without a leg to stand
on. Undoubtedly the next step will be
a joint application OF the part of Pat
erson. Passaic, Newark and possibly
Montclair and other smaller municip-
alities n the State Water Supply
Commission for the building of a great
reservoir in the Wanaque district, from
which adequate source there can be
supplied water for all who need it.
Both Newark and Paterson have been
giving this subject careful considera-
ton, and it Is predicted by those in a
position to know that application will
be made shortly under the provisions
Of the law passed last winter, which
permits municipalities to enter into
contract with the State Water Supply
Commission to acquire lands and water
rights, to build reservoirs n supply
water to applying municipalities.
Under such a plan funds will be raised
by those municipalities benefited, for
which h State will pay interest out
VI Az Cdi iiAtlSS VI tHe TGS6INOlT, anu
year by year pay off the bonds issued
to defray the cost thereof. Under this
plan the State will eventually own the
reservoir clear and enjoy a substantial
revenue from the water supplied to the
various cities and towns for the
benefit of which 1t was created.
Opens Way for Conservation
'Paterson's victory over the East
Jersey Water Company apparently
opens the way for putting into practi-
cal operation the plan of State conser-
walton upon which the State Water
Supply Commission has been working
tor more tina we years. The pur-
chase or condemnation of the East
Jersey Cornpany's plant would facili-
tate the work and probably permit Of
an early contract between the State
and the municipalities affected by the
decision. so that no public %inconve-
nience would be entailed by the observ-
ance of the courts order.
In line with the affirmation of Vice
Chancellor Emery's decision by the
Court of Errors and Appeals, the city
of Paterson will doubtless secure a
restraining order to prevent the East
Jersey Water Company from divertidg
water from the Passaic river after the
date named in the vice-chancellor's
opinion. which is in April, 1911. The
near approach of this date emphasizes
the Importance of Immediate action on
the part of the State In putting into
operation the demanded plan of con-
5ervation In the Passaic Valley. The
conferences between the State Water
Supply Commission and representatives
of the municipalities affected will like
ly be held within a few days and a
tangible plan of procedure will doubt
less be announced shortly thereafter.
Business Before Commission.
AT todays meeting OF the State
Water Supply Commission application
was made by the borough of Wharton
for permission-to hold a special cleo
ton of the voters of the borough Of
Wharton to decide upon the question
Of the purchase of the water system
which supplies the borough of Wharf,
ton and is owned by New York cap
i~talists.
Engineer Sherrerd, of the commits
sion. also reported that he had been
called into conference by the citizens of
BranchVille, who have been suffering
from a shortage in the town water sup
ply, and has outlined a plan of con-
servation which would give them ade-
quate protection against a repetition
of the present water famine. Had the
municipal authorities taken the advice
of the water supply commission some
time since, when application was made
to 1t for permission to acquire a new
system, B~ranchville would not be l n
+ba amha rrassin1 position in which 1t