ASSEMBLY, No. 1377

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblymen STEELE and PASCRELL

 

 

An Act concerning water rights, and supplementing P.L.1981, c.262.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. a. The Legislature finds that the City of Paterson is recognized as the birthplace of modern manufacturing in New Jersey and as the successor in interest to the Society for Establishing Useful Manufactures (S.U.M.), created by an act of the Legislature in 1791 (L.1791, Pat.104); that the City of Paterson and its agencies and instrumentalities are entitled to the full use and undiminished flow of the waters of the Passaic River at the Great Falls in the City of Paterson as successors in interest to the S.U.M.; and that these historical water rights are critical to the needs of the City of Paterson and its inhabitants.

    b. The Legislature therefore declares that the historical water rights to which the City of Paterson and its agencies and instrumentalities are lawfully entitled to as successors in interest to the S.U.M. are hereby fully vested in the City of Paterson and its agencies and instrumentalities.

 

    2. a. The historical water rights of the City of Paterson and its agencies and instrumentalities to the full use and undiminished flow of the waters of the Passaic River at the Great Falls in the City of Paterson are hereby affirmed and continued; except that, these water rights shall not interfere or impede the right of the State of New Jersey, through its Department of Environmental Protection, to allocate the waters of the State under the water diversion permit system adopted pursuant to the "Water Supply Management Act," P.L.1981, c.262 (C.58:1A-1 et seq.).

    b. Any diversion of the waters of the Passaic River at the Great Falls in the City of Paterson by a district water supply commission, public or private water purveyor or any other person holding a water diversion permit issued by the Department of Environmental Protection pursuant to section 7 of P.L.1981, c.262 (C.58:1A-7) not affiliated with, created or authorized by the City of Paterson, or any agency or instrumentality thereof, shall entitle the City of Paterson and its agencies and instrumentalities to just compensation for the taking of its lawful water rights.

 

    3. Any district water supply commission, public or private water purveyor or any other person diverting or claiming a right to divert more than 100,000 gallons of water per day from the waters of the Passaic River at the Great Falls in the City of Paterson pursuant to section 7 of P.L.1981, c.262 (C.58:1A-7) shall pay just compensation to the City of Paterson and its agencies and instrumentalities in an amount established by agreement between the City of Paterson and the commission, water purveyor or person, as the case may be.

 

    4. This act shall take effect immediately.

 

 

STATEMENT

 

    The City of Paterson is recognized as the birthplace of modern manufacturing in New Jersey and is considered the oldest industrial city in this State. The City of Paterson, which is currently celebrating its 200th anniversary, is the successor in interest to the Society for Establishing Useful Manufactures (S.U.M.), an entity created by an act of the Legislature in 1791 and granted the rights to acquire properties, lands and water rights to the Passaic River at the Great Falls in the City of Paterson in order to establish and promote manufacturing in that area.

    The City of Paterson and its agencies and instrumentalities are entitled to the full use and undiminished flow of the waters of the Passaic River at the Great Falls in the City of Paterson as successors in interest to the S.U.M. under the 1791 legislative act.

    This bill affirms and continues these historical water rights and provides that any diversion of water from the Passaic River at the Great Falls by a person or agency of the State not affiliated with, created or authorized by the City of Paterson would entitle the City of Paterson to just compensation for the taking of its lawful water rights. These historical water rights would not interfere or impede the right of the State to allocate any waters of the State under the water diversion permit system adopted pursuant to the "Water Supply Management Act," P.L.1981, c.262 (C.58:1A-1 et seq.).

    Specifically, the bill provides that any diversion of the waters of the Passaic River at the Great Falls in the City of Paterson by a district water supply commission, public or private water purveyor or any other person holding a water diversion permit issued by the Department of Environmental Protection pursuant to the "Water Supply Management Act" would entitle the City of Paterson and its agencies and instrumentalities to just compensation for the taking of its lawful water rights in an amount to be established by agreement between the City of Paterson and the commission, water purveyor or person diverting the water.

 

 

 

Affirms the City of Paterson's historical water rights to the Passaic River at the Great Falls.