The New York City reservoirs in Westchester and Putnam Counties go back around 100 years. At the time the surrounding area was sparsely populated, mostly farms, small towns and forests. Restrictions on encroachment to the reservoirs and their tributaries were limited, suitable to those conditions. The water was among the best of the world's municipal systems.

But following World War II suburban populations grew enormously and within three decades, pesticides, fertilizers, septic-system waste, town dumps, road oils and salt and chemicals from industrial operations brought about a dangerous degradation of water quality.

Based on extended negotiations between Now York City and the counties and towns involved, more restricted land-use standards were established. But landowners sued to be reimbursed by New York City for the value of the land they must now refrain from using, and the court has decided in their favor.

This decision fails to consider several important factors. The beautiful reservoirs are the key element in the accelerated value of adjacent property. Without them those lands would be worth only a fraction of their current value. Moreover, there is extensive experience in the United States where authorities have imposed greater restrictions on land use in order to eliminate or mitigate destructive pollution of important water resources without any reimbursement to the landowner. This has applied to industrial, residential, municipal and agricultural polluters of the Chesapeake Bay, the Great Lakes and many rivers.

The judge has failed to give due consideration to those factors, which justify the more stringent land-use standards without any reimbursement. To do otherwise denies authorities the exercise of their traditional power to protect resources that are critical to public health and well-being.



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