§§ 540-542.

Reservoirs on forest preserve.

L. 1920, ch. 551.

ARTICLE IX-B.

(Article added by L. 1920, ch. 551, in effect May 5, 1920.)

WATER SUPPLY RESERVOIRS ON FOREST PRESERVE LANDS.

Section 540. Municipal water supply reservoirs may be established on forest preserve lands.

541.

542.

543.

544.

Municipal corporations must apply for approval of project.

Petition for approval of project and procedure thereon.

Procedure on approval of application.

Payment of cost of construction.

545. Supervision of construction and operation.

546. Reservoir to be owned by the state.

§ 540. Municipal water supply reservoirs may be established on forest preserve lands.-Any municipal corporation or other civil division of the state, or any board, commission or other body of or for any such municipal corporation or other civil division of the state, now or hereafter empowered by law to construct and operate a publicly owned system for the supply of water for drinking, domestic and public purposes to the inhabitants of any municipal corporation or other civil division of the state, may make application for the construction and maintenance of a water supply reservoir on lands owned by the state and constituting a part of the forest preserve thereof in the manner hereinafter set forth. (Added by L. 1920, ch. 551, in effect May 5, 1920.)

§ 541. Municipal corporations must apply for approval of project.-Any publicly owned water supply project involving the construction of a reservoir on forest preserve lands must be submitted for approval to the conservation commission as provided in article nine of this chapter and the procedure on such an application shall be as therein set forth except as to the additional requirements and further procedure required by this article. (Added by L. 1920, ch. 551, in effect May 5, 1920.)

§ 542. Petition for approval of project and procedure thereon. The petition for approval of such a project must state that it is desired to construct a reservoir on state owned forest preserve lands, giving a description of the location and extent of the lands to be occupied or flooded, and shall be accompanied by a map, based on accurate surveys, showing the boundaries of such land and the high flow line of the water to be impounded thereon. The public notice given pursuant to section five hundred and twenty-two of this chapter shall state that it is proposed to construct a reservoir on state owned lands within the forest preserve. In addition to the determinations required by section five hundred and twenty-two of this chapter, the commission shall also determine whether the needs of the applicant for a supply of

L. 1920, ch. 551.

Reservoirs on forest preserve.

§ 543.

water are such as to require the proposed public use of said lands, whether the plans are such that unsanitary conditions will not be created thereby and whether the constitutional limitation as to the amount of such land that can be used for reservoir purposes will not be exceeded. If said application is approved, the commission shall apportion the expenses of the proposed project on the public and private property to be benefited thereby, such apportionment to be to the extent of the benefits received by such property; it shall also fix the amount to be paid to the state by the property and municipalities benefited. Such amount to be paid to the state to be computed as follows:

(1) The value of the state owned timber and other forest products to be removed during the construction of the project; such amounts to be due on the cutting of such timber or other products and such material to become the property of the applicant on the payment of such amount to the state. The commission may direct that the amount due be paid in one lump sum or may permit partial payments to be made in such amounts and at such times as may be specified.

(2) A charge of four per centum per annum on the value of the state owned lands and rights used, unimproved and bare of timber; this value to be determined by the commission and to be re-determined by it at intervals of ten years from the date of approval of the application. The amount of this charge for any year to be due and payable on the first day of January of the succeeding year and to be computed from the day of the actual entry of the applicant or the commission on the state owned land, or any parcel thereof, for the purpose of beginning clearing or construction work.

(3) An annual charge, to be determined, re-determined and to be payable as provided in paragraph (2) above, which shall be fixed by the commission as a reasonable return to the state for its services rendered.

.

A statement of all these matters shall be included in the decision of the commission approving the application. All acts of the commission in connection with such a water supply application shall be reviewable by writ of certiorari as provided in section five hundred and twenty-two of this chapter. (Added by L. 1920, ch. 551, in effect May 5, 1920.)

§ 543. Procedure on approval of application.-The decision of the commission on said application shall be certified to the applicant. Thereafter, and at any time within five years of the date of said decision, the applicant may make petition to the commission praying that it construct the reservoir and appurtenant works in accordance with the approved plans. Such petition shall be in writing and shall be accompanied by plans of and specifications for the structures to be built and such other papers as may be necessary to show to the satisfaction of the commission that the project in all respects conforms to the requirements of the decision of the commission. The commission may permit minor modifications in the plans or specifications,

§§ 544, 545.

Reservoirs on forest preserve.

L. 1920, ch. 551. provided that the general features of the project as first approved are not changed. If the commission determines that the project which it is asked to build is in conformity with the provisions of its decision upon the original application, it shall advertise for proposals for doing the work. Upon the receipt of such proposals, the commission shall make a final determination of the probable cost of the project and shall require the applicant to state that it desires the work to proceed, and to show that it has available sufficient funds to defray the total cost thereof. If the applicant desires to carry out the project and the commission is satisfied that sufficient funds are available for the purpose, the commission shall thereupon let contracts for and proceed with the construction of the works. In obtaining proposals and making contracts for and in the prosecution of this work the commission shall be governed by the provisions of section four hundred and eightyfive of this chapter, in so far as they may be applicable to the provisions of this article. (Added by L. 1920, ch. 551, in effect May 5, 1920.)

§ 544. Payment of cost of construction.-The cost of any such construction work and work connected therewith shall be certified by the commission to the applicant and shall be paid by said applicant within thirty days thereafter to the persons or corporations entitled thereto. Either total or partial costs may be thus certified, as the commission shall determine. The applicant is hereby authorized to pay such costs from funds which have been raised, or which it is authorized to raise for the purposes of waterworks construction. It shall be unlawful for the applicant to pay out, for any purpose other than those specified in this section, any funds which it shall have certified to the commission to be available for defraying the cost. of this construction, until such time as the commission shall have certified to the applicant that all such costs have been paid. (Added by L. 1920, ch. 551, in effect May 5, 1920.)

§ 545. Supervision of construction and operation.-All construction work which the commission is authorized to undertake by virtue of the provisions of this article shall be done under the direction of the engineers in the division of waters of the conservation commission. After the works shall have been constructed, they shall thereafter be maintained and operated for the benefit of the applicant by the said division of waters. All costs of such supervision and maintenance shall be paid by the applicant in the manner specified in section five hundred and forty-four of this article, except that the applicant shall not be charged with the salaries and expenses of such officials and regular employees of the commission as, in addition to other duties, exercise only general supervision over the work done under the provisions of this article. For carrying out the provisions of this article the commission is authorized to employ such engineers and other persons as may in its judgment be necessary to fix their compensation; such compensation shall be borne by the applicant. (Added by L. 1920, ch. 551, in effect May 5, 1920.)

L. 1920, ch. 551.

Reservoirs on forest preserve.

$ 546-548, 603.

§ 546. Reservoir to be owned by the state.-Any lands not owned by the state, but required for the purpose of the construction of the reservoir, shall be acquired by the applicant, by purchase or condemnation, and by it deeded to the state, provided however that no rental shall be paid to the state for any land thus acquired. The reservoir and all dams, dikes, spillways, gate houses, pipe lines or any other works which the commission shall construct on state owned land shall be the property of the state, but shall be operated solely for the benefit of the applicant. All real estate, reservoirs and appurtenant structures acquired, taken or constructed pursuant to the provisions of this article, are hereby dedicated to the uses and purposes for which acquired, taken or constructed, and the right, title and interest acquired by the state therein is so acquired subject to such use and purposes. (Added by L. 1920, ch. 551, in effect May 5, 1920.)

§ 547. Reservoir to be kept in repair.-The reservoir and appurtenant. works shall be kept in safe, sanitary and serviceable condition and to this end shall be repaired, remodeled or additional work done thereon at the request of the applicant or as required by the conservation commission. All such work shall be done by the commission at the expense of the applicant. If the applicant shall at any time determine that its needs for an additional supply of water require the enlargement of the reservoir, in order that a greater quantity of water can be stored therein or drawn therefrom, a new water supply application shall be made to the conservation commission asking for approval of the desired modifications of the original plans. (Added by L. 1920, ch. 551, in effect May 5, 1920.)

§ 548. No state moneys to be expended.-Except for such expenses and salaries as are specifically mentioned in section five hundred and forty-five of this article, no moneys of the state shall be expended, nor shall the state incur any liability or indebtedness by virtue of the provisions of this article. (Added by L. 1920, ch. 551, in effect May 5, 1920.)

§ 603. Duties of commission in respect of Saratoga reservation. Contract by Commission giving rights to bottle water for reservation at Saratoga Springs. An agreement in the name of the State by the Board of Commissioners of the State Reservation at Saratoga Springs, giving the plaintiff's assignor the right for a term of years with privilege of renewals to bottle and sell waters from certain springs and to use the real and personal property of the reservation, subject, however, to all statutes theretofore enacted, and providing that it shall be binding only so far as the Commissioners had power to make it, is valid. The amendment of the Conservation Law (Laws of 1917, chap. 204), which treated the agreement as at an end and the bottling business as that of the State, made' the State responsible, after it became a law, for a violation of the contract. In view of said statute, the court could not grant the plaintiff injunctive relief as against the Conservation Commissioner. He should not be restrained from doing an act which the statute requires him to do. Saratoga State Waters Corporation v. Pratt (1918), 184 App. Div. 561, 172 N. Y. Supp. 40.

§ 1.

Cornell University.

L. 1918, ch. 76.

CONSOLIDATED LAWS.

Construction Act.

(L. 1909, ch. 596, vol. 1, p. 1362.)

The reenactment of the Second Class Cities Law in the Consolidated Laws did not effect a repeal of the provisions of the charter of the City of Yonkers. Matter of Bronx Parkway Commission v. Common Council (1919), 106 Misc. 579, 175 N. Y. Supp. 207.

CONSPIRACIES.

Punishment, Penal L., § 582.

CONSUMERS' COOPERATIVE ASSOCIATIONS.

Incorporation and powers, Membership Corporations L., §§ 310-330.

CONTRACTS.

Completion of highway construction; Highway L., § 132. Termination of highway; See Highways, L. 1919, ch. 459. Public works, cost and expense; See Public Works. Revision of contract at Wingdale and Sing Sing; See Prisons. Jurisdiction by court of claims of printing; See Court of Claims. Withdrawal of retained percentages; General Munic. L., § 86-b. Disposition of deposit; Id. § 86-c, State Finance L., § 43-b. For the construction of public works, emergency conditions by reason of war; See Public Works, L. 1918, ch. 585. Completion of contracts for rapid transit routes; See Rapid Transit, L. 1918, ch. 586.

CO-OPERATIVE ASSOCIATIONS.

Incorporation and powers; Membership Corporations L., §§ 198-209-i. See also, Business Corporations L., §§ 25 ff.

CORNELL UNIVERSITY.

Award of Cornell scholarships; See Education L., § 1037.

L. 1918, ch. 76.-An act in relation to state scholarship in Cornell University held by persons in the military or naval service of the United States.

§ 1. Every person who shall have entered the military or naval service of the United States since April sixth, nineteen hundred and seventeen, or who shall hereafter enter such service during the present war, and who at the time of such entrance shall have a state scholarship in Cornell University and was exercising the rights and privileges thereunder or held such scholarship under a leave of absence granted pursuant to subdivision six of section. ten hundred and thirty-seven of the education law, may reassume such scholarship and exercise and enjoy all the rights and privileges thereunder, at any time within one year after the termination of such war.