Title ENV, Environmental Conservation

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

§ 15-1701. Reservation of state control.\n Where any person takes, diverts, appropriates, or otherwise uses,\nwhether by virtue of the provisions of title 17 of this article or\notherwise, the waters of the state over which the state has the\nproprietary ownership of the flow and…

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

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

§ 15-1707. Procedure on application for license.\n 1. Each applicant for a license shall submit to the department a\nwritten verified application in such form as the department may\nprescribe and containing such data or information of the applicant's\nproject as the department ma…

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

§ 15-1749. Previous grantees not to divert waters without a license.\n A person or corporation, other than a municipal corporation, claiming\nor purporting to have, or to have had, by general or special act or\nother grant from the state, the right to divert water from Lake Erie,…

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

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

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

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

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

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

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

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

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

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

§ 15-1919. Drainage enhancements.\n 1. For the purpose of making apportionments of the cost of future\ndrainage construction, allowing credits for such construction already\ncompleted, determining the economic feasibility of a contemplated\nconstruction project and for other purp…

§ 15-1921. Proceedings on enhancements.\n 1. The drainage enhancements shall be set forth in a statement signed\nby the department, which together with the map of the district shall be\nfiled and notice of a hearing thereon at which grievances will be heard\nshall be given. At su…

§ 15-1923. Plans and estimates.\n The department may make a study of the works necessary to drain the\ndistrict and prepare maps, plans, estimates and reports showing a\ncomplete system of drainage therefor, the estimated cost of the various\nditches and other works and parts the…

§ 15-1925. General apportionment of cost.\n 1. A general apportionment of the cost of the complete system of\ndrainage shall be made as herein described. The total cost determined\nunder the provisions of section 15-1923 shall be equitably apportioned\non the various parcels of l…

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

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

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

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

§ 15-1935. Contracts.\n 1. The department may prepare contracts, plans and specifications for\ndoing such work and furnishing the necessary materials. The work may be\ndivided into several parts and a separate contract let for each. Each\ncontract shall contain a provision that n…

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

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

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

§ 15-1943. Minor repairs in drainage districts.\n 1. Application for the repair, enlargement or cleaning out of any\nditch originally constructed or repaired by assessment under the\nprovisions of title 19 of this article, or any former general or special\ndrainage laws, if withi…

§ 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…