IN RE BUREAU OF WATER SUPPLY


47 N.J. 65 (1966)

219 A.2d 409

IN RE BUREAU OF WATER SUPPLY APPLICATION FOR APPROVAL OF PLANS FOR OPERATION OF ROUND VALLEY AND SPRUCE RUN RESERVOIRS. ELIZABETHTOWN WATER COMPANY, APPELLANT, v. DEPARTMENT OF CONSERVATION AND ECONOMIC DEVELOPMENT, DIVISION OF WATER POLICY AND SUPPLY, WATER POLICY AND SUPPLY COUNCIL, ET AL., RESPONDENTS.

The Supreme Court of New Jersey.

Decided May 2, 1966.


Attorney(s) appearing for the Case

Mr. John R. Sailer argued the cause for appellant (Messrs. Sailer & Holzapfel, attorneys; Mr. John H. Murdoch, Jr., of the Pennsylvania Bar, of counsel).

Mr. Oscar R. Wilensky argued the cause for respondent, North Jersey District Water Supply Commission (Mr. Charles E. Miller on the brief).

Mr. Avrom J. Gold, Deputy Attorney General, argued the cause for respondents, Department of Conservation and Economic Development, Division of Water Policy and Supply, Water Policy and Supply Council (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney; Mr. Alan B. Handler, First Assistant Attorney General, and Mr. Robert L. Solan, Deputy Attorney General, of counsel; Mr. Avrom J. Gold on the brief).


The opinion of the court was delivered by PROCTOR, J.

This appeal concerns the construction of the 1918 order of the Board of Conservation and Development (predecessors of the present Water Policy and Supply Council, see P.L. 1929, c. 267; N.J.S.A. 13:1A-8 to 12, N.J.S.A. 13:1B-47 to 51) approving the application of the Elizabethtown Water Company to divert 20 million gallons per day (MGD) from the...

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