New York Supreme Court May 15, 1847 (Lynch v. Stone)

By the Court, Bronson, Ch. J.

When the navigation of any canal is interrupted or endangered by reason of a deficiency of water, it is the duty of the canal commissioners to supply the deficiency without delay; and for that purpose they are, in the first place, to resume the temporary use of all the surplus *358waters which have been leased on the level of the canal where the deficiency exists;