§ 45. Condemnation of real property. Any such corporation shall have
the right to acquire real estate, or any interest therein, necessary for
the purposes of its incorporation, and the right to lay, relay, repair
and maintain conduits and water pipes with connections and fixtures, in,
through or over the lands of others, the right to intercept and divert
the flow of waters from the lands of riparian owners, and from persons
owning or interested in any waters, and the right to prevent the flow of
drainage of noxious or impure matters from the lands of others into its
reservoirs or sources of supply. If any such corporation, which has made
a contract with any city, town or village or with any of the inhabitants
thereof for the supply of pure and wholesome water as authorized by
section forty-two, shall be unable to agree upon the terms of purchase
of any such property or rights, it may acquire the same by condemnation.
But no such corporation shall have power to take or use water from any
of the canals of this state, or any canal reservoirs as feeders, or any
streams which have been taken by the state for the purpose of supplying
the canals with water.