NY Env Conserv L § 15-1509 (2021)
2021 New York Laws ENV - Environmental Conservation Article 15 - Water Resources Title 15 - Water Supply 15-1509 - Approval of Plans for Forest Preserve Reservoir Projects; Petition; Proceedings.

§ 15-1509. Approval  of  plans  for  forest preserve reservoir projects;petition; proceedings.1. Any publicly owned water supply project involving the  construction   of  a  reservoir on forest preserve lands must be submitted for approval   to the department as provided in sections 15-1501 and  15-1503  of  this   article,  and  the  procedure on such an application shall be as therein   set forth except as to the additional requirements and further procedure   required by this section.2. The petition for approval of such a project must state that  it  is   desired  to  construct a reservoir on state owned forest preserve lands,   giving a description of the location and  extent  of  the  lands  to  be   occupied  or  flooded,  and  shall  be  accompanied  by  a map, based on   accurate surveys, showing the boundaries of such land and the high  flow   line  of  the  water  to be impounded thereon. The public notices of the   hearing shall state that the reservoir proposed to be constructed is  on   state owned lands within the forest preserve.3.  In  addition  to  the findings required by section 15-1503 of this   article, the department in such cases shall also determine  whether  the   needs of the applicant for water are such as require the proposed public   use  of  the  land involved, whether the constitutional limitation as to   the amount of such land that can be used for reservoir purposes will not   be exceeded, and whether the plans are such that  unsanitary  conditions   will not be created by the proposed project.4.  If the application is approved, the department shall apportion all   the expenses of the proposed project upon the  municipalities  which  it   may  find  to  be  benefited  thereby,  to  the  extent  of the benefits   received; it shall also fix the amount to be paid to the  state  by  the   municipalities  benefited.  Such amount to be paid to the state is to be   computed as follows:a. The value of the state owned timber and other forest products to be   removed during the construction of the project, such amounts to  be  due   on  the  cutting  of  such timber or other products. Such material shall   become the property of the applicant on the payment of  such  amount  to   the  state. The department may direct that the amount due be paid in one   lump sum or may permit partial payments to be made in such  amounts  and   at such times as may be specified.b.  A  charge  of  six  per centum per annum on the value of the state   owned lands and rights used, unimproved and bare of timber.  This  value   shall  be  determined  by  the  department  and be redetermined by it at   intervals of ten years from the date of approval of the application. The   amount of this charge for any year shall be due and payable on the first   day of January of the succeeding year and shall be computed from the day   of the actual entry of the applicant or  the  department  on  the  state   owned land for the purpose of beginning the clearing or the construction   work.c.  An  annual  charge,  to be determined, redetermined and payable as   provided in paragraph b above, as a reasonable return to the  state  for   its services rendered.5.  A statement of all these matters shall be included in the decision   of the department approving the application.