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this bureau, since we are assured by a number of planters that they will lease lands under the conditions above referred to. In addition, such a policy would tend to the expansion of the oyster industry, and to a substantial increase in the output of a highly valuable and palatable article of food, as well as the employment of increased capital and labor.

Sanitary Inspection

During the present year there were enacted amendments to the existing law providing for sanitary inspection of shellfish grounds, and the issuance by the Commission, in proper cases, of a certificate of sanitary condition of the lands and their product. The passage of such an act had been urged upon previous legislatures, but without success. While the statute itself is satisfactory in form, it has been impossible of enforcement because no appropriation was made for the purpose of carrying into effect its provisions. It is a law of the highest importance, affecting public health. The ultimate cost of enforcement falls upon the oyster industry by reason of a tax of twenty-five cents per acre for sanitary inspection. The initial expense must, of course, be borne by the State, by appropriation, and it is imperative that this important matter should not be slighted or overlooked. As matters now stand, this Commission is placed in the position of being charged with the enforcement of a law but without the instrumentality through which alone its enforcement is possible. The State Health Department has cheerfully aided us in this work as far as its funds and facilities would permit.

An Archaic System

Frequent confusion and misunderstanding relative to the enforcement of laws for the protection of oyster beds have arisen by reason of the fact that certain towns in Long Island have by legislative enactment been given the right to grant leases under water within town limits.

A series of enactments passed between 1866 and 1910 deprived the State of the right to regulate the oyster growing industry or to control the execution of oyster leases in particular localities.

These statutes have given rise to a condition of conflicting jurisdiction which has in many cases nullified remedies and made impossible the enforcement of protective measures. Town control of oyster properties is as archaic as was the old system of county game protection. It is doubtful if any one could be found who would to-day advocate a return to the old system under which boards of supervisors were given the power to enact and enforce game laws in their respective counties.

Practically every Atlantic and Gulf State has abolished local regulation and has concentrated control of its oyster lands in the hands of the State. We, therefore, earnestly recommend that this matter should be given careful attention to the end that the various special acts ceding to the towns and counties of Long Island, the control of oyster properties within their limits may be repealed, and the regulation of the oyster industry restored to the State.

DIVISION OF INLAND WATERS

The Legislature at its last regular session amended the Conservation Law by adding thereto a new article, to be known as article 9-a, to provide for union water districts and conservation waterworks. This act (chapter 233, Laws of 1913) provides that any number of municipalities within contiguous counties may join in the formation of a union water district, and that three or more such municipalities may meet and confer for that purpose. It embodies a complete code of procedure for the formation of such union water districts. The importance present and future alike—of such legislative machinery is apparent. Manifestly, municipalities contiguous and closely interrelated may by uniting derive their water supply from some common source, much more cheaply and satisfactorily than would be possible were they to act separately or discordantly.

UNION WATER DISTRICT PROJECTS

Meantime progress has been made in the surveys and preliminary plans for the Orleans project, which contemplates the supplying of water to sixty municipalities in the counties of Erie,

Niagara, Orleans, Genesee and Monroe. It is demonstrated that the Orleans water supply project presents a most desirable opportunity of eliminating the hand-to-mouth water supply conditions of that region and substituting a supply adequate alike in quantity and in quality.

Complete surveys have been made for the so-called Charlton project, to supply water to Cohoes, Watervliet, Green Island and Waterford; these municipalities having already formed a union water district under chapter 233, Laws of 1913.

POWER DEVELOPMENT ON NAVIGABLE STREAMS

The decision of the United States Supreme Court in the Chandler-Dunbar case goes far toward clarifying the relations of the public toward power development on navigable streams. We recommend the enactment of a law patterned after chapter 264, 35 statutes, pages 815-820, of the Laws of the United States, and providing that powers created or made possible by the construction of the Barge canal shall not be disposed of in any way without the concurrence of this Commission after public notice and hearing.

The Commission has continued the surveying of streams in order to ascertain the amount of developed and undeveloped water powers, storage possibilities, etc. A survey of the Saranac river has been made and will be prepared for publication during the coming year. The results of the Oswegatchie power survey, made in the summer of 1912, will appear in the complete report of this division for the present year.

DRAINAGE PROJECTS

It is desirable that the drainage of the 100,000 acres of swamp land in the State should go forward with the least possible de lay; and the highest court of the State having now decided litigation, under the river improvement act, in a manner favorable to the workability of drainage projects, this Commission proposes to push this feature of its work with as great energy as funds will permit.

CANASERAGA CREEK IMPROVEMENT

It is the intention to complete construction work on this important improvement during 1914.

The work as designed requires thirty-four miles of improved and new channels, provided approximately as follows:

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A number of new highway and farm bridges, and other incidental work, are included in the improvement.

The greatest flood in the history of the Canaseraga valley oocurred in the early spring of 1913. The Genesee river at its junction with the Canaseraga creek rose to the highest elevation on record, or possibly seven inches higher than ever formerly recorded. The elevation of the flood at said junction was 568.6 above tide, U. S. G. S. datum. This high flood caused back water as far south or up stream as Groveland. From a point about one mile north of Cumminsville the valley generally was overflowed for a short time all the way down stream to near Groveland, there meeting the back water effects from the Genesee river.

South of Cumminsville and entirely outside of the Canaseraga Creek Improvement District, the Canaseraga creek burst its natural bounds and artificial banks, and the flood waters caused considerable damage at Cumminsville and in the valley up stream therefrom for a distance of about one mile to the southward. The town of Groveland appropriated a sum sufficient, and from the proceeds has constructed dikes, pile, timber and brush protection, and excavated some enlargement to the natural channel, and seemingly completed the same in a good and workmanlike manner. It is believed that this protection will prevent further flood damage at and south of Cumminsville for many years to come.

Decided Benefits

The enlarged improved channels of Canaseraga creek and the other channels have, so far as completed (October 1, 1913), re sulted in decided benefits to the inhabitants of the improvement district, and greatly reduced the degree of damages which have heretofore occurred from flood conditions. It is apparent that in lessening the menace to public health and safety, or possibly wholly eliminating the same, and in incidental ways, the work will be of great benefit to the improvement district.

The proceeds of the sale of $200,000 of bonds for this improve ment district work, plus premium, accrued interest and interest earned on bank balances, amounted on October 1, 1913, to $223,450.70, from which $134,859.07 has been expended, leaving a cash balance October 1, 1913, of $88,591.63. Previous to the sale of the bonds there had been expended for the purposes of improvement from the proceeds of a number of appropriations made by the State, and in addition to the sums set forth above, $9,518.85, all or a large part of which under the provisions of statute law is to be refunded by the improvement district to the State treasury.

SUPERVISION OVER DAMS

Under the provisions of section 22 of the Conservation Law jurisdiction over dams, including structures for impounding water, is vested in the Conservation Commission.

Plans and specifications for fifty-four dams have been approved by the Commission during the fiscal year. Of these, eighteen were new or original construction, and thirty-six to replace dams which were so far decayed, disintegrated, etc., as to be unsafe. Among such new dams are a number of large and important structures in the Hudson, Oswegatchie, Saranac, Salmon, Raquette, Black and other rivers.

Before the construction of any new dam is started, the site and foundation thereof are carefully examined, and other inspections are made from time to time during construction. Sixty-eight dams inspected have been ordered strengthened or improved. Seventeen dams have failed or gone out during the year, none of which were large or important structures, and nearly all of which

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