Article VII, § 8

south of the northern boundary line of the village of Boonville as the same is now constituted; but they shall remain the property of the state and under its management forever. The prohibition of lease, sale or other disposition herein contained, shall not apply to the canal known as the Main and Hamburg street canal, situated in the city of Buffalo, and which extends easterly from the westerly line of Main street to the westerly line of Hamburg street, nor to that portion of the Black River canal north of the northern boundary line of the village of Boonville. The canal board may, in its discretion, declare abandoned such portion or portions of the Black River canal north of the northern boundary line of the village of Boonville, as it may deem advisable. All funds that may be derived from any lease, sale or other disposition of any canal shall be applied to the improvement, superintendence or repair of the remaining portions of the canals.

5.

1907. A. No. 1430 (Int. 1185).

A. J. 826.

Grants of surplus waters of canals and navigable waters and lands thereunder

§ 8. (Proposal to add the following:) Privileges to use the surplus waters of the canals and canalized streams forming part of the canal system, including state right of diversion, but subject to the needs of navigation together with lands acquired by the state for utilizing its surplus waters, may be granted, but only under general laws, and for terms not exceeding fifty years from the date of the grant. Payment into the state treasury of an annual return for the value of such use shall be required and shall be readjustable at the end of every ten-year period at the instance of the state or the user.

Privileges to use for hydraulic power the waters of navigable natural streams, including the Saint Lawrence river, but excluding other waters on state lands within the forest preserve, may be granted but only under general laws, and for terms not exceeding fifty years from the date of the grant, and, subject to the jurisdiction of congress, provision for navigation in such waters shall be such as the legislature may impose, and a separate annual tax for general state purposes shall be imposed upon such privileges according to valuations made by a board of state officers, and such privileges shall be exempt from all other taxation.

No tax or assessment shall be levied on lands under natural waters or streams, tidal or fresh, which lie below the ordinary high

Article VII, § 8

water mark of such waters and below the head of the navigable limits thereof, as private property; and no grant conveying title of the state to such lands under water shall hereafter be made. No presumption of a grant of title or of any right to use for private purposes public lands or lands under waters in which any right of public user exists, shall arise from any prior private use thereof. No sale or other transfer of a privilege granted to any person or corporation to use such public waters or lands thereunder shall be made except with the approval of the authorities empowered under general laws to make grants of such privileges. Except as limited in this constitution, the state may use any public lands and waters for producing electric light, heat and power for state use or for sale to municipalities for their use, or for distribution and sale by them; and provisions shall be made by law for acquiring private lands necessary for the utilization of public lands and waters for that purpose.

The legislature may provide by general laws for the construction and maintenance of reservoirs for municipal water supply, for the canals of the state, and to regulate the flow of streams. Such reservoirs shall be constructed, owned and controlled by the state, but such work shall not be undertaken until after public notice, hearing and determination that such works are required for public benefit. The expense of any such improvement shall be apportioned on the public and private property and municipalities benefited to the extent of the benefits received. Any such reservoirs shall be operated by the state, and the legislature shall provide for a charge upon the property and municipalities benefited for a reasonable return to the state upon the value of the rights and property of the state used and services of the state rendered, which shall be fixed for terms not exceeding ten years and be readjustable at the end of any term.

1911. S. No. 1712 (Int. 1405).

S. J. 1205, 1536.

§ 8. (Proposal to add the following:) Privileges to use the surplus waters of the canals and canalized streams forming part of the canal system including state rights of diversion, but subject to the needs of navigation, may be granted but only under authority of general laws and after public notice and hearing thereunder and for terms not exceeding fifty years from the date of the grant. Payment into the state treasury of an annual return for the value

Article VII, § 8

of such use shall be required and shall be readjustable at the end of every ten-year period at the instance of the state or the user. Private lands necessary for utilizing such surplus waters may be acquired by the state and, when so required, privileges to use such lands may be granted together with privileges to use such waters but by the authority and under the conditions herein prescribed. Privileges to impound or divert the waters of navigable natural streams including the Saint Lawrence river but excluding other waters on state lands within the forest preserve, may be granted but only under authority of general laws and after public notice and hearing thereunder and for terms not exceeding fifty years from the date of the grant and provision for navigation shall, subject to the jurisdiction of congress, be such as the legislature may impose and a separate annual tax for general state purposes shall be imposed upon such privileges and provision shall be made for the valuing thereof by a board of state officers and a privilege so granted shall be exempt from all other taxation. No waters referred to in this section shall, except to the extent authorized under unexpired or irrevocable grants, if any, heretofore lawfully made, be drawn, impounded or diverted for private use unless hereafter authorized by grants made as herein prescribed. No tax or assessment shall be levied on lands under natural waters or streams which lie below the ordinary high water mark thereof and below the head of the navigable limits thereof, as private property. No grant conveying title of the state to such lands under water, tidal or fresh, shall hereafter be made. No presumption of a grant of title or of any right to use for private purposes public lands or lands under waters in which any right of public user exists, shall arise from any prior private use thereof and no sale or other transfer of a privilege granted to any person or corporation to use such public waters or lands thereunder shall be made except with the approval of the authorities empowered under general laws to make grants of such privileges. Except as limited in this constitution, the state may use any public lands and waters for producing electric light, heat and power for state use or for sale to municipalities for their use or for distribution and sale by them and the state may acquire private lands necessary for the utilization of public lands and waters for that purpose.

Article VII, § 9

6. Repeal

The following proposals to repeal Art. VII, § 8, were introduced: 1901. S. No. 4 (Int. 4).

§ 9. No tolls shall hereafter be imposed on persons or property transported on the canals, but all boats navigating the canals and the owners and masters thereof, shall be subject to such laws and regulations as have been or may hereafter be enacted concerning the navigation of the canals. The Legislature shall annually, by equitable taxes, make provision for the expenses of the superintendence and repairs of the canals. All contracts for work or materials on any canal shall be made with the persons who shall offer to do or provide the same at the lowest price, with adequate security for their performance. No extra compensation shall be made to any contractor; but if, from any unforseen cause, the terms of any contract shall prove to be unjust and oppressive, the canal board may, upon the application of the contractor, cancel such contract.

AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Legislature to regulate canal tolls

§ 9. [No tolls shall hereafter be imposed on persons or property transported on the canals, but all] All boats navigating the canals, and the owners and masters thereof, shall be subject to such laws and regulations as have been or may hereafter be enacted concerning the navigation of the canals. The legislature shall annually, by equitable taxes, make provision for the expenses of the superintendence and repairs of the canals. All contracts for work or materials on [any] the canals shall be made with the persons who shall offer to do or provide the same at the lowest price, with adequate security for their performance. No extra compensation shall be made to any contractor; but, if, from any unforeseen cause, the terms of any contract shall prove to be unjust and oppressive, the canal board may, upon the application of the contractor, cancel such contract. The legislature may make provision for tolls to be imposed on persons and property to be trans

Article VII, § 9

ported on the canals, and may fix the amount and regulate the manner of the payment thereof.

1903. A. No. 1048 (Int. 852). To S.

A. J. 630, 1711, 1797, 1839, 1954.

S. J. 972.

2. Abandonment of canals and construction of railroad along beds or banks 9. No toll shall hereafter be imposed on persons or property transported on the canals, but all boats navigating the canals, and the owners and masters thereof, shall be subject to such laws and regulations as have been or may hereafter be enacted concerning the navigation of the canals. The legislature shall annually, by equitable taxes, make provision for the expenses of the [superintendence] superintendents and repairs of the canals, and any railroad constructed upon the banks or bed of the Erie canal. All contracts for work or materials on any canal or any railroad constructed upon the banks or bed of the Erie canal, shall be made with the persons who shall offer to do or provide the same at the lowest price, with adequate security for their performance. No extra compensation shall be made to any contractor; but, if, from any [unforseen] unforeseen cause, the terms of any contract shall prove to be unjust and oppressive, the canal board may, upon the application of the contractor, cancel such contract.

1903. A. No. 363 (Int. 351).

A. J. 133.

(For the remainder of this resolution, see proposed amendments to §§ 8: and 10 of this article, p. 184, and below, this page.)

3. Biennial sessions of legislature — United States deposit fund

(For proposed amendment to this and other sections to provide for biennial sessions of the legislature and regulating the use of the United States deposit fund for educational purposes, see p. 314.)

§ 10. The canals may be improved in such manner as the Legislature shall provide by law. A debt may be authorized for that purpose in the mode prescribed by section four of this article, or the cost of such improvement may be defrayed by the appropriation of funds from the state treasury, or by equitable annual tax. AMENDMENT PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Abandonment of canals and construction of railroad along beds or banks 10. The canals or any railroad constructed upon the banks or bed of the Erie canal, may be improved in such manner as the legislature shall provide by law. A debt may be authorized for