1

8 71. Iron bridges.- When the construction of an iron 2 bridge over any of the canals of the state shall be 3 ordered by the legislature or canal board, or shall be 4 required by the superintendent of public works, the 5 state engineer shall prepare general specifications for 6 the superstructure of such bridge and the superintend7 ent of public works shall advertise for plans, detailed 8 specifications and proposals for the work, and the plans 9 and detailed specifications accompanying any such pro10 posal shall be submitted to the state engineer for his 11 approval. He shall submit the plan if approved by 12 him to the canal board, with a copy of the proposals 13 received. Upon obtaining the certificate of adoption by 14 the canal board he shall file the plan so approved in his 15 office and a copy thereof in the office of the superin16 tendent of public works, who shall then award the 17 contract.

1

R. S., 776, L. 1881, ch. 536, §§ 1, 2. (Post, p. 3027.)

$ 72. Restriction upon the construction of farm and road 2 bridges.- No person shall be entitled to demand a farm 3 bridge across any canal or feeder where the neces4 sity or convenience of any such bridge shall 5 have arisen from the division or acquisition of 6 any property subsequent to the location of any 7 canal or feeder. No street No street or road or road bridge shall 8 be constructed by the superintendent of public works 9 over any canal or feeder, except upon such streets or 10 roads as were laid out, worked or used previous to the 11 construction of the canal or feeder by which such 12 street or road was or is obstructed; and when bridges 13 are constructed or reconstructed upon any of the 14 streets or roads, the cost to the state shall in no case 15 be more than is required to preserve in a safe and sub16 stantial manner the continuity of such streets or roads 17 so as not to unnecessarily impair their usefulness.

18

When bridges of a more costly nature are desired by 19 the local authorities of the cities, towns or villages 20 within whose corporate limits, bridges are to be built or 21 rebuilt, the superintendent of public works, upon pre22 sentation to him by such local authorities of plans and

23 specifications for such bridge, approved by the state 24 engineer, shall estimate and determine the proportion 25 of the cost, which, in order to preserve the continuity 26 of such streets and roads, the state ought equitably to 27 pay, and file such estimate and determination in his 28 office and a duplicate thereof in the office of the clerk 29 of the city, town or village wherein such bridge is to be 30 located, and no more than such proportion of the cost 31 shall be appropriated by the legislature for such pur32 pose, and then only on condition that such cities, towns 33 or villages shall pay the remainder of such cost. In all 34 cases where a private road or public highway shall be 35 laid out by legal authority in such direction as to cross 36 the line of any canal and in such manner as to require 37 the erection of a new bridge over a canal for the 38 accommodation of the road, such bridge shall be so 39 constructed and forever maintained at the expense of 40 the town or city in which it shall be situated.

1

R. S., 741, L. 1854, ch. 332, §§ 6, 9. (Post, p. 2981.)

772, part I, ch. 9, tit. 9, art. 8, § 174. (Post, p. 3021.)

L. 1891, ch. 366. (Post, p. 3046.)

§ 73. Construction of bridges by municipal corporations.2 Any town, village or city on the line of any canal may, 3 with the approval, consent and under the direction of 4 the superintendent of public works, erect, build and 5 maintain within its own limits, a bridge or bridges 6 across such canal, of such kind, dimensions and materi7 als, and with such approaches as may be deemed best, 8 at the proper cost and expense of such town, village or 9 city, at any point where there is not now a bridge built 10 and maintained by the state. If any such bridge shall 11 be a hoist, lift or swing-bridge and shall require the 12 constant attendance of bridge tenders to manage and 13 work it, the superintendent shall alone have the power 14 of the appointment and removal of such bridge tenders 15 as he may deem necessary, and the expenses and wages 16 thereof shall be paid to the superintendent by such 17 town or village when he may require it, to be paid by 18 him to such bridge tenders, and all the cost of material,

19 power or tools necessary for the tending of such bridge 20 shall be paid for by such town or village on the demand 21 therefor by the superintendent.

1

R. S., 775, L. 1881, ch. 488, §§ 1, 2. (Post, p. 3026.)

§ 74. Construction of such bridge by city. The common 2 council of any city may adopt an ordinance for the 3 erection and construction of a lift, hoist or swing bridge 4 over any canal at any street in the city where in its 5 opinion such bridge may be deemed necessary, and may 6 levy and assess on the property benefited the cost of 7 constructing any such bridge, upon first obtaining the 8 consent of the superintendent of public works to such 9 proposed bridge. Such bridge shall be built, operated 10 and maintained and be under the supervision and con11 trol of the superintendent of public works, and shall be 12 built, maintained and operated at the expense of such 13 city, or of the property adjudged by the common 14 council to be benefited thereby.

1

R. S., 776, L. 1881, ch. 488, § 3. (Post, p. 3026.)

$75. Removal of encroachments.- The superintendent 2 of public works is authorized and required to cause to 3 be removed from the lands taken by the state for canal 4 purposes, except in the thickly built part of cities, all 5 encroachments thereon, whether buildings, fences or 6 other structures, except dry docks authorized by the 7 canal commissioners or the superintendent, or manu8 factories, mills or warehouses doing business upon the 9 canals, that such lands may be kept in the possession 10 of the state for the purposes of canal navigation.

1

R. S., 775, L. 1865, ch. 727. (Post, p. 3025.)

$76. Appropriation of Cayuga inlet.-The superinten2 dent of public works shall have charge of so much of 3 the navigable waters of the Cayuga inlet as are neces4 sarily used in connection with the canals and exercise 5 the same power and supervision over them as he may 6 lawfully exercise over other canals of the state, and 7 shall cause such obstructions to be removed and such

8 improvements to be made therein as may, from time to 9 time, be necessary to preserve and keep the channel of 10 such inlet of sufficient depth and capacity to admit the 11 passage of any boat or water craft which may navigate 12 the Erie canal.

1

R. S., 725, L. 1852, ch. 246, § 1. (Post, p. 2960.)

$77. Agreements for the purchase of water privileges.2 Whenever it has been or shall be necessary to secure 3 to any state canal an additional supply of water, the 4 superintendent of public works may agree with the 5 proprietor of any hydraulic privilege affected by the 6 taking of any such additional supply, relative to the use 7 of the water privilege created or to be created thereby, 8 and of the surplus water, in such manner as shall be 9 deemed most beneficial to the state.

1

R. S., 746, art. 5, § 79. (Post, p. 2989.)

$78. Owner entitled to the use of surplus water.-When2 ever the superintendent of public works shall construct 3 a dam across any river or creek to raise a head of water 4 for the use of a canal, or any such dam shall have 5 theretofore been constructed by the authorities in charge 6 of the canals, by means whereof any works adjacent to 7 such river or creeks in which water power has been there8 tofore employed and legally used, may be benefited 9 without prejudice to the canals, the owner of such works 10 for their benefit shall be entitled to the use of the surplus 11 water upon the following conditions:

12 1. He shall construct under the direction of the super13 intendent a good and substantial race-way and gate in 14 such dam to draw off as much of the surplus water as 15 his works may require.

16 2. He shall give such security to the people of the 17 state as the superintendent shall deem sufficient to keep 18 such gate and race-way in complete repair, so as to pre19 vent any waste of water.

20 3. He shall, within ninety days after such gate or race21 way shall have been completed, apply to the canal board

22 and request them to ascertain the benefits accruing to him 23 from the use of such dam or other erection.

24 4. Within ninety days after such benefits shall have 25 been so ascertained, he shall pay the sum at which they 26 shall be estimated into the treasury.

1

5

R. S., 746, § 80. (Post, p. 2989.)

$ 79. Appraisal; failure to comply with conditions; 2 resumption of surplus waters. The canal board when so 3 requested shall make a fair estimate of such benefits and 4 a return thereof without delay to the state treasurer. If such conditions shall not be fulfilled by the owner, 6 the superintendent of public works shall close any 7 race-way or gate constructed by the owner, and the 8 owner shall not open the same, or any other in the 9 same dam, unless upon the performance of the condi10 tions so imposed. The superintendent of public works 11 may resume the privileges so granted, whenever in his 12 judgment the surplus waters or a portion thereof shall 13 become necessary for the use of the canals. Whenever 14 such privileges shall be so resumed, the sum paid into 15 the treasury therefor shall be refunded.

16

Nothing in this article shall deprive the owner of 17 hydraulic privileges of any rights possessed by him 18 prior to any grant from the state under this article, 19 unless his damages from the loss of such rights shall be 20 paid.

1

R. S., 747, §§ 81, 82, 83, 84. (Post, pp. 2989-90.)

§ 80. Preferences in the use of water.- Where any water 2 or mill privilege, theretofore legally used, has been or shall 3 be injured by reason of the diversion of the water to 4 the use of any canal, the owner thereof shall be entitled 5 to the first privilege of taking water for the use of his 6 works on the terms and conditions specified in this 7 article, from any work constructed for the purpose of 8 such diversion, or from the canal itself benefited 9 thereby, when there is a surplus of water, with the con10 sent of the superintendent of public works.

R. S., 747, § 85. (Post, p. 2990.)