N.Y. NAV Law § 38 — New York Code / Act NAV / Article 3 / Section 38
Lake George water levels
Status: in_force

§ 38. Lake George water levels. Any dam or other similar structure so\nlocated in the outlet of Lake George as to affect the water levels of\nthe lake shall, with due allowance for fluctuations due to natural\ncauses or to emergencies and for a reasonable use of water for power and\nfor sanitary purposes, be operated in such a manner as to maintain the\nwaters of the lake from the first day of June to the thirtieth day of\nSeptember in each year as nearly as may be at an average level of three\nand five-tenths feet on the gage of the United States Geological Survey\nat Rogers Rock on Lake George, known as Rogers Rock gage, and in such a\nmanner as to maintain the waters of the lake from the first day of\nOctober to the first day of December at a level which shall not fall\nbelow two and five-tenths feet on said gage; and, consistent with the\nabove mentioned fluctuations and reasonable use, the waste gates of any\nsuch dam or other structure shall be operated so that, to the extent\npossible, the waters of the lake will not be permitted to rise above a\nlevel of four feet on such gage at any time during the year or to fall\nbelow a level of two and five-tenths feet on said gage at any time after\nthe first day of June and prior to the first day of December in any\nyear. If at any time during the year the waters of the lake shall rise\nabove such level of four feet any person owning or operating such dam or\nother structure shall immediately open the waste gates thereof and take\nsuch other appropriate action as in the judgment of the water resources\ncommission may be necessary to lower the waters of the lake with the\nleast practicable delay to a level not higher than four feet of said\ngage. If at any time after the first day of June and prior to the first\nday of December in any year the waters of the lake shall fall below such\nlevel of two and five-tenths feet such person shall immediately close\nthe waste gates of such dam or other structure; and no person shall\nwithdraw water from the lake for the purpose of generating power during\nany period of time between the first day of June and the first day of\nOctober in any year when the level of the waters of the lake is below\ntwo and five-tenths feet on said gage. The water resources commission or\nits duly authorized representative shall at all times have access to\nsuch dam or other structure and is hereby authorized and directed to\noperate the waste gates thereof whenever necessary for the purpose of\ncarrying out the provisions of this section. The water resources\ncommission shall establish such rules and regulations as in its judgment\nmay be necessary for the enforcement of the provisions of this section,\nand it is hereby authorized to enter into such agreement or agreements\nwith any person or persons owning or operating any such dam or other\nstructure as in its judgment may be necessary in order to carry into\neffect the provisions of this section and of such rules and regulations.\nIn addition, the water resources commission shall, once in each year\nduring the first week in July, cause to be published in at least three\ndaily newspapers serving the area the reading on the Rogers Rock gage on\nthe first day of July in that year. Any person violating any provision\nof this section or of any rule or regulation established or of any\nagreement entered into pursuant thereto shall for every such violation\nforfeit to the people of the state the sum of not to exceed two hundred\nfifty dollars to be recovered in a civil action.\n