N.Y. Const. art. XIV, § 2: Reservoirs

§ 2. The legislature may by general laws provide for the use of not

exceeding three per centum of such lands for the construction and

maintenance of reservoirs for municipal water supply, and for the canals

of the state. Such reservoirs shall be constructed, owned and controlled

by the state, but such work shall not be undertaken until after the

boundaries and high flow lines thereof shall have been accurately

surveyed and fixed, and after public notice, hearing and determination

that such lands are required for such public use. The expense of any

such improvements shall be apportioned on the public and private

property and municipalities benefited to the extent of the benefits

received. Any such reservoir shall always be operated by the state and

the legislature shall provide for a charge upon the property and

municipalities benefited for a reasonable return to the state upon the

value of the rights and property of the state used and the services of

the state rendered, which shall be fixed for terms of not exceeding ten

years and be readjustable at the end of any term. Unsanitary conditions

shall not be created or continued by any such public works.