Herkimer Pulp & Packaging Corp. v. McMorran

Memorandum by the Court.

We are in accord with the rationale and the conclusions expressed in the lucid and comprehensive opinion of Mr Justice Foster at Special Term. (45 Misc 2d 127.) The judgment may be sustained on the additional ground that section 948 of the Conservation Law, which is the purported authority for the Superintendent’s order, must be construed to relate only to impounding structures in “natural” streams and “ natural ” watercourses; that none of the structures in petitioner’s canal-complex are so located, except the diversion dam in West Canada Creek, which impounds but a “…