NY Env Conserv L § 15-2101 (2021)
2021 New York Laws ENV - Environmental Conservation Article 15 - Water Resources Title 21 - River Regulation by Storage Reservoirs 15-2101 - Definitions and Construction.

§ 15-2101. Definitions and construction.The  following  words and phrases when used in title 21 are defined as   follows:1. "Real estate," when used without words of limitation, includes  all   uplands,  lands under water, the waters of any lake, pond or stream, all   water and riparian rights or privileges, all water powers, water plants,   and all dams, races, sluiceways and machinery connected  therewith,  and   any  and  all easements and incorporeal hereditaments, and every estate,   interest and right, legal or equitable,  in  land  or  water,  including   terms for years, and liens, legal or equitable, on real estate, as above   defined,  in way of judgment, mortgage or otherwise, and all real estate   as above defined acquired or used for railroad, highway, or other public   purposes.2. "Regulating reservoir" means a basin for impounding  water,  formed   or  enlarged  by  a  dam,  constructed  or maintained for the purpose of   regulating the flow of a stream or  river  and  shall  be  construed  to   include  the  dams  and  dikes or other structures by means of which the   water is or is to be impounded, the gate houses,  including  controlling   gates, sluices, screens, racks and other accessories thereto; spillways,   fishways,  log  or  ice chutes, or barriers and all accessories thereto;   all bridges or roadways over or appurtenant to the dams and  dikes;  all   other  structures,  devices, or appliances connected with or appurtenant   to any of the structures hereinbefore enumerated, in  such  manner  that   they  cannot  be  removed  without  injury to such structures or without   impairing the usefulness thereof for the purposes  for  which  they  are   intended;  the  lands  under the water impounded, or to be impounded, by   the dam or dams, and such lands surrounding or adjacent to the  dam,  or   the  water  impounded  or  to  be impounded thereby, and such other real   estate and appliances, including roadways and telephone lines, as  shall   be  necessary  for  the  purposes  of  the construction, maintenance, or   operation of a regulating reservoir, as above  defined,  also  including   such land surrounding such reservoir as may be necessary to preserve and   protect   such  reservoir  from  unsanitary  conditions,  and  from  any   encroachment affecting its use for the purpose of regulating the flow of   the stream or river for the regulation of which it may  be  constructed.   Such  term  is  not  intended  to  include  a reservoir created by a dam   constructed or maintained for power purposes, but is intended to include   a reservoir at or by reason of which there may be, as an incident to the   construction, maintenance and operation of  such  regulating  reservoir,   the  possibility  of  the  utilization  of a portion of the water stored   thereby for power purposes, without in  any  way  interfering  with  the   primary purpose of a reservoir constructed under the provisions of title   21 of this article.3.  "Benefit  or benefits" shall be interpreted to include benefits to   real  estate,  public  or  private,  to  municipal  water   supply,   to   navigation,  to  agriculture  and  to  industrial and general welfare by   reason of the maintenance  and  operation  of  a  regulating  reservoir,   whether  such  benefit  shall inure to a person, a public corporation or   the state. In the  event  that  any  regulating  reservoir  operates  to   relieve  the state of any obligation by reason of diversion of the water   of any river for canal purposes, the  state,  to  the  extent  that  the   maintenance  and operation of such reservoir may accomplish such relief,   shall be deemed to have received benefit therefrom.4. "Board" shall mean the river regulating board of a district.5. "Preliminary expenses" shall be construed to mean expenditures made   or incurred by the state on account of the services or expenses  of  its   officers or employees in making studies, investigations, surveys, plans,   specifications  and  estimates;  in  negotiating,  drafting, and letting    contracts; in supervising and directing the construction  of  works  and   structures,  as  authorized or required by title 21 of this article; and   the expenses of procuring searches, or abstracts of title of real estate   for  the  purpose  of  carrying  out  the provisions of title 21 of this   article.6. "Regulation" means only such regulation as can be had  through  the   construction,   maintenance  and  operation  of  regulating  reservoirs,   excepting as otherwise expressly provided in title 21 of this article.7. "Average flow" means that result in terms of cubic  feet  of  water   per  second derived by the division of the total number of cubic feet of   water flowed by any stream or river, at the location thereon  where  the   measurement  is  taken,  in one year, or for an average of years, by the   number of seconds in a year.8. "Average normal flow" means that result in terms of cubic  feet  of   water  per  second  derived by the division of the total number of cubic   feet of water flowed by any stream or river,  at  the  location  thereon   where  the  measurement thereof is taken, on those days in a year during   which such flow did not exceed  the  average  flow,  by  the  number  of   seconds in the total number of such days.9. "Cost of construction" shall be construed to include in addition to   the  cost  of  a  regulating  reservoir,  all  preliminary expenses, all   expenses of organization of the district,  engineering  fees,  costs  of   surveys,  plans, advertising, salaries, compensation and expenses of the   board, together with all legal and other  expenses,  incidental  to  the   construction of such reservoirs up to time of the completion thereof.10.  "Cost of maintenance and operation" shall be construed to include   all such expenses for repairs and upkeep of  the  regulating  reservoir,   all  such  expenses  necessary to the proper operation of such reservoir   for the purposes for which it was constructed and all such part  of  the   compensation and expenses of the board, its officers and employees after   the  completion  of  such regulating reservoir as are in the judgment of   the board and the department properly chargeable thereto.11. "High flow line" means the  line  which  will  be  made  around  a   reservoir  by  the water therein when it is at the level of the crest of   the reservoir spillway.12. "Low flow line" means the line made by the water  of  a  reservoir   when  it is at the lowest level which, consistent with the regulation of   the flow of the river and the maintenance of  sanitary  conditions,  the   board with the approval of the department shall fix and determine.13.  "Unsanitary  condition  or  conditions"  means  such condition or   conditions as are a menace to the public health.14. The  general  provisions  and  definitions  appearing  in  section   15-1903  shall,  where  appropriate,  be applicable to the functions and   duties of the department or board, as the case may be, under title 21.