(3) Do said plans make fair and equitable provisions for the determination and payment of any and all damages to persons and property both direct and indirect which will result from the execution of said plans?

RULE XII.

The commission shall within ninety days after the final hear ing and with all convenient speed approve such application either as presented or with such modifications in the plans submitted as may be deemed necessary to protect the water supply and the interests of any other municipal corporation, civil division of the State or the inhabitants thereof, or to bring into co-operation all municipal corporations or other civil divisions of the State which may be affected thereby, or it may reject the application entirely or permit another to be filed in lieu thereof.

RULE XIII.

The decision of the Commission on any application submitted to it, shall be stated in writing, shall be signed by it and have affixed thereto its official seal and the same shall be filed together with all plans, maps, surveys and other papers or records relating thereto in its office.

RULE XIV.

The expense of such hearing and determination by the Commis sion will be certified by the Commission under its official seal to the person, water works corporation, municipal corporation or other civil division of the State making application for approval of plans, etc., and the same shall be paid by the said applicant within thirty days thereafter upon the certificate of the Commission, to the persons entitled thereto.

RULE XV.

Any three of the Commissioners shall constitute a quorum for the transaction of business.

RULE XVI.

All maps, plans, records, surveys and other papers filed in the office of the Commission by any applicant or objector may be examined by any person or persons at the office of the Commission, but shall not be removed therefrom except upon the written authority of the Commission.

RULE XVII.

All maps shall be on paper or cloth 27" x 40" (double elephant) or folded to those dimensions and all other written matter shall be upon legal cap of legal weight and size.

APPENDIX IV.

Law Establishing a State Water Commission.

CHAP. 723, LAWS OF 1905.

AN ACT to establish a state water commission, to define its. powers and duties, and making an appropriation therefor.

Became a law, June 3, 1905, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

.

Section 1. The governor, by and with the advice and consent of the senate, shall within fifteen days after this act takes effect, appoint five citizens of the state, one of whom shall be designated as president to constitute a commission to be known as the state water supply commission. Any three of said commissioners shall constitute a quorum for the transaction of business. The commission shall make necessary rules and regulations for the proceedings hereunder.

§ 2. No municipal corporation or other civil division of the state, and no board, commission or other body of or for any such municipal corporation or other civil division of the state shall, after this act takes effect, have any power to acquire, take or condemn lands for any new or additional sources of water supply, until it has first submitted the maps and profiles therefor to said commission, as hereinafter provided, and until said commission shall have approved the same.

§ 3. Any municipal corporation or other civil division of the state may make application by petition in writing to the said commission for the approval of its maps and profiles of such new or additional source or sources of water supply for such municipal corporation or other civil division of the state. Such application shall be accompanied by an exhibit of maps of the lands

to be acquired and profiles thereof showing the sites and areas of the proposed reservoirs and other works, the profiles of the aqueduct lines and the flow lines of the water when impounded, plars and surveys and abstract of official reports relating to the same, showing the need of such municipal corporation for a particular source or sources of supply and the reasons therefor, and shall be accompanied by a plan or scheme to determine and provide for the payment of the proper compensation for any and all damages to persons or property, whether direct or indirect, which will result from the acquiring of said lands and the execution of said plans. Said commission shall thereupon cause public notice to be given that on a day therein named the commission will meet at its office in the city of Albany, or at such other place as it may particularly specify in said notice, for the purpose of hearing all persons, municipal corporations or other civil divisions of the state that may be affected thereby. Such notice shall be published in such newspapers and for such length of time, not exceeding four weeks, as the commission shall determine. At any time prior to the day specified in such notice any person or municipal corporation or the proper authorities of any civil division of the state may file in the office of the commission at Albany objections to the project proposed by such application. Every objection so filed shall particularly specify the ground thereof. Said commission shall, upon the day specified in said notice, or upon such subsequent day or days to which it may adjourn the hearing, proceed to examine the said maps and profiles and to hear the proofs and arguments submitted in support and in opposition to the proposed project, but no person, municipal corporation or local authorities shall be heard in opposition thereto except on objections filed as authorized by this section. The commission shall determine whether the plans proposed by such municipal corporation or other civil division of the state are justified by public necessity, and whether such plans are just and equitable to the other municipalities and civil divisions of the state affected thereby and to the inhabitants thereof, particular consideration being given to their present and future necessities for sources of water supply, and whether said plans

make fair and equitable provisions for the determination and payment of any and all damages to persons and property, both direct and indirect which will result from the execution of said plans. Said commission shall within ninety days after the final hearing and with all convenient speed, either approve such application as presented or with such modifications in the plans submitted as it may deem necessary to protect the water supply and the interests of any other municipal corporation, or other civil division of the state, or the inhabitants thereof, or to bring into cooperation all municipal corporations, or other civil divisions of the state, which may be affected thereby. Or it may reject the application entirely or permit another to be filed in lieu thereof, but it shall, however, make a reasonable effort to meet the needs of the applicant, with due regard to the actual or prospective needs and interests of all other municipal corporations and civil divisions of the state affected thereby and the inhabitants thereof. Whenever the commission shall make a decision on any application submitted to it by any municipal corporation or other civil division of the state it shall state the same in writing and sign the same and cause its official seal to be affixed thereto and file the same, together with all plans, maps, surveys and other papers or records relating thereto in its office. The decision of the commission and its action on any application may be reviewed by certiorari proceedings. The expense of any such hearing and determination by the commission shall be certified by said commission to the municipal corporation or other civil division of the state making such application and shall be paid by said municipal corporation or other civil division of the state to the state treasurer within thirty days thereafter.

4. Said commission shall have power to subpoena and require the attendance in this state of witnesses and the production by them of books and papers pertinent to the investigation and inquiries authorized and to examine them and such public records as it shall require in relation thereto. And for the purposes of the examinations authorized by this act, the commission shall possess all the powers conferred by the legislative law upon a committee of the legislature or by the code of civil procedure