Title ENV, Environmental Conservation

§ 15-1530. Long Island water usage information. In Nassau and Suffolk counties, all water purveyors, either public or private, or a water authority, with ten thousand or more customers, shall include water usage information along with customer bills. Such usage information shall …

§ 15-1701. Reservation of state control. Where any person takes, diverts, appropriates, or otherwise uses, whether by virtue of the provisions of title 17 of this article or otherwise, the waters of the state over which the state has the proprietary ownership of the flow and to t…

§ 15-1703. Definitions. When used in title 17 of this article unless otherwise expressly stated or unless the context or subject matter otherwise requires: 1. "Licensee" means a person or public corporation holding a license issued pursuant to title 17 of this article, his succes…

§ 15-1705. Licenses; approval by the Governor. 1. The department, subject to the provisions of title 17 of this article, may upon application issue to any person or public corporation heretofore or hereafter authorized to develop, use, furnish or sell power in this state or to a …

§ 15-1707. Procedure on application for license. 1. Each applicant for a license shall submit to the department a written verified application in such form as the department may prescribe and containing such data or information of the applicant's project as the department may req…

§ 15-1709. Preliminary permits. 1. The department may issue preliminary permits for the purpose of enabling applicants for a license hereunder to secure the data and to perform the acts required by section 15-1707, provided, however, that upon the filing of any application for a …

§ 15-1711. Provisions and conditions of licenses; payment to state treasury of moneys received under this title. 1. The term of the license shall not exceed fifty years from its date. 2. The licensee shall agree to accept and abide by the terms and provisions of title 17 of this …

§ 15-1713. Waters impounded by dams constructed for power purposes impressed with a public interest. The waters impounded by any dam hereafter constructed for power purposes on any stream or waterway in the state, shall be impressed with a public interest and open to the public t…

§ 15-1715. Licenses and the protection of navigation. Before granting any license, the department shall inquire and determine to its own satisfaction that the exercise of the privilege conferred will not impair or interfere with navigation on the waters covered by the license and…

§ 15-1717. Provisions for the revision and readjustment of rent in licenses. 1. The annual charge or rental fixed by the department shall continue for the period of the license, unless the license provides for a readjustment of the charge or rental at a specified time or times, i…

§ 15-1719. Equitable rental for Niagara River water. The department shall have the power to fix and determine, after a hearing held upon notice to the parties interested, the amount of an equitable rental, which is hereby charged pursuant to the reservations made in chapter 597 o…

§ 15-1721. Reservation in the license; state control of rates and use and distribution of power. 1. Every license issued pursuant to title 17 of this article for a project shall contain a provision expressly reserving to the state the right to regulate and control the use and dis…

§ 15-1723. Contribution to the cost of headwater improvement. Licensees and persons exercising rights conferred by title 17 of this article shall be liable for any payments or charges resulting from the improvement of headwaters under the provisions of title 21 and title 23 of th…

§ 15-1725. Prosecution of project works. 1. The licensee shall commence the construction of the project works within the time fixed therefor in the license. He shall thereafter in good faith and with due diligence continue the construction thereof, and within the time fixed in th…

§ 15-1727. Maintenance of project works. 1. The licensee shall at all times maintain the project works in good repair and in efficient working order; shall promptly make all necessary renewals and replacements, including such necessary renewals or replacements as may, after a hea…

§ 15-1729. Eminent domain. Real property may be acquired pursuant to title 17 of this article under an exercise of the right of eminent domain in the following cases: 1. Real property which is necessary to the full development and utilization of any water power site of which the …

§ 15-1731. Eminent domain; transmission lines. Any corporation authorized to do business in this state and engaged in the production, sale and distribution of heat, light or power to the public may exercise the right of eminent domain pursuant to the provisions of the eminent dom…

§ 15-1733. Use of land occupied by a public highway. 1. Whenever, in order to complete any project as provided by title 17 of this article, it becomes necessary to use lands occupied by a public highway the licensee shall aply to the Commissioner of Transportation for permission …

§ 15-1735. Contracts extending beyond license period. 1. Whenever the public interest requires or justifies the execution by a licensee whose license covers any state property, or who uses water that cannot be lawfully used without the consent of the state, of a contract for the …

§ 15-1737. Transfer of license restricted. No voluntary sale, assignment, or transfer of any license or of the rights thereby granted shall be made without the written approval of the department; nor become effective until the instrument of transfer be filed and recorded in the o…

§ 15-1739. Revocation of license. 1. The department may by resolution terminate and revoke any license, issued pursuant to the provisions of title 17 of this article for the following reasons: a. Failure of the licensee to commence, advance or complete construction of the project…

§ 15-1741. Re-entry at expiration of the license period. 1. Upon the expiration of the original license period any and all interest of the licensee in and to state property which is covered by the license, together with any and all works and structures thereon, shall vest in and …

§ 15-1743. Renewal and extension of licenses. The department may renew an expiring license to the same licensee on the same or different terms, or may renew the privilege from year to year under such terms as may be agreed upon.

§ 15-1745. Prohibited diversions. 1. Unless a license has been obtained therefor under this title, or the diversion of such waters is subject to the charging or imposition of an equitable rental under this title, it shall be unlawful for any person or public corporation who has b…

§ 15-1747. False entries, statements or reports. No person shall for the purpose of deceiving, make or cause to be made any false entry in the books of accounts of a licensee, or for the purpose of deceiving, make or cause to be made any false statement or report in response to a…

§ 15-1749. Previous grantees not to divert waters without a license. A person or corporation, other than a municipal corporation, claiming or purporting to have, or to have had, by general or special act or other grant from the state, the right to divert water from Lake Erie, Nia…

§ 15-1751. Right to amend and repeal reserved. The right to alter, amend or repeal title 17 of this article is expressly reserved, but substantial rights acquired pursuant to title 17 of this article shall not be lost or impaired by such repeal or amendment.

§ 15-1901. Purpose. To provide for the drainage of agricultural land to the end that it may be made more productive, and in order to benefit the public health, safety and welfare, the department shall possess the powers and exercise the duties hereinafter prescribed in respect to…

§ 15-1903. General provisions and definitions. The following words and phrases used in this title 19, when not otherwise specified, are defined or indicate procedure, as follows: 1. Filing. Wherever it is required that copies of maps and documents be filed, certified copies there…

§ 15-1905. Drainage improvement districts. 1. Bodies corporate which shall consist of and be known as drainage improvement districts may be created as herein provided to carry out the purposes of title 19 of this article. Such drainage improvement districts are declared to be pub…

§ 15-1907. Drainage improvement associations. 1. There shall be in each drainage improvement district an association to be known by the name of the district, as ............. ............ Drainage Improvement Association. It shall be the object of this association to represent th…

§ 15-1909. Entry upon lands, structures and waters; condemnation. 1. For carrying out the surveys and examinations required by title 19 of this article, the department may enter upon any lands, structures and waters as in its judgment may be necessary, as provided by section 15-0…

§ 15-1911. Petition for formation of district. 1. Any three or more persons possessing swamp, bog, pond, meadow, or other low or wet lands or any lands in the vicinity thereof, or any public corporation in which such lands are located, or in the vicinity of such lands, may presen…

§ 15-1913. Proceedings on petition. 1. On receipt of a petition for the formation of a district the department shall make such preliminary investigation of the proposed district as it may find to be suitable and prepare a report thereon. Such report shall describe tentative bound…

§ 15-1915. Proceedings for formation of district. 1. At the hearing the department shall hear all persons affected by the formation of the proposed district. The department may change the tentative boundaries of the proposed district, but in that case a new hearing shall be held …

§ 15-1917. Surveys and maps. 1. The department may proceed to make such survey of the district as may be found to be necessary. It shall prepare maps of such district showing natural and artificial features as may be needed, the boundaries of the district, the boundaries and area…

§ 15-1919. Drainage enhancements. 1. For the purpose of making apportionments of the cost of future drainage construction, allowing credits for such construction already completed, determining the economic feasibility of a contemplated construction project and for other purposes,…

§ 15-1921. Proceedings on enhancements. 1. The drainage enhancements shall be set forth in a statement signed by the department, which together with the map of the district shall be filed and notice of a hearing thereon at which grievances will be heard shall be given. At such he…

§ 15-1923. Plans and estimates. The department may make a study of the works necessary to drain the district and prepare maps, plans, estimates and reports showing a complete system of drainage therefor, the estimated cost of the various ditches and other works and parts thereof …

§ 15-1925. General apportionment of cost. 1. A general apportionment of the cost of the complete system of drainage shall be made as herein described. The total cost determined under the provisions of section 15-1923 shall be equitably apportioned on the various parcels of land i…

§ 15-1927. Proceedings on general apportionment of costs and final fixation of boundaries. 1. The department shall prepare and sign a statement of the general apportionment of cost and shall file it together with the maps, reports and estimates on which it was based and shall giv…

§ 15-1929. Corrections and revisions of statements of enhancements. Should it be found necessary to correct or to revise any statements of enhancements due to drainage, general apportionment of cost, general plan for drainage works, estimates of cost of drainage works, boundaries…

§ 15-1931. Procedure for authorization of construction. 1. Petition may at any time after the final fixation of boundaries of a drainage improvement district be filed with the department asking that all or a part of the proposed drainage system be constructed. If the work desired…

§ 15-1933. Construction. 1. In general all construction work shall be done by contract, but in the event that the estimated cost of such work or of a specified portion thereof shall not exceed the sum of twenty-five thousand dollars, the department may, on the recommendation of t…

§ 15-1935. Contracts. 1. The department may prepare contracts, plans and specifications for doing such work and furnishing the necessary materials. The work may be divided into several parts and a separate contract let for each. Each contract shall contain a provision that no ext…

§ 15-1937. Operation and maintenance. 1. The care, operation and maintenance of the drainage works in a drainage improvement district shall be subject to the control and supervision of the department. It shall be the duty of the department, within the limit of the funds made avai…

§ 15-1939. Special apportionment of cost. 1. The special apportionment of the cost of a construction project, be it new construction, enlargement, repair or maintenance, must be based on the benefits derived from the work. This will conform to that part of the general apportionme…

§ 15-1941. Major repairs of drainage works. 1. Major repairs, alterations, extensions and improvements of drainage works for a drainage improvement district may be made by the department on petition therefor and after procedure thereon similar to that specified in section 15-1931…

§ 15-1943. Minor repairs in drainage districts. 1. Application for the repair, enlargement or cleaning out of any ditch originally constructed or repaired by assessment under the provisions of title 19 of this article, or any former general or special drainage laws, if within a d…

§ 15-1945. Minor repairs in existing drainage ditches.\n 1. Repairs of a minor nature may be made to ditches heretofore\nconstructed by assessment under the former drainage law, or the laws\nfrom which it was derived or under the provisions of this or any other\ngeneral or specia…