NY Env Conserv L § 15-1711 (2021)
2021 New York Laws ENV - Environmental Conservation Article 15 - Water Resources Title 17 - Water Power 15-1711 - Provisions and Conditions of Licenses; Payment to State Treasury of Moneys Received Under This Title.

§ 15-1711. Provisions  and  conditions  of  licenses;  payment  to statetreasury 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 article, and to pay to the state the   charge or rental, if any, fixed by the department and  reserved  in  the   license, or as the same may be readjusted pursuant to law.3.  The  license shall by reference to maps, plans, and specifications   or otherwise clearly identify and define the improvement or  development   to be affected under the license.4.  If  the license affects any canal or canal feeder waters, it shall   contain a provision, in substance,  reserving  to  the  Commissioner  of   Transportation the right at any and all times to enter upon the property   covered  by  the  license,  and  to  do and perform such acts or things,   including the temporary drawing off of the water from the dam or forebay   from which the licensee is drawing water and such  interruption  in  the   supply  of  water  to  the  licensee, as may be deemed necessary for the   repair, reconstruction or improvement of the canal or any canal works or   structures and that the licensee shall be at all times subject  to  such   reasonable  rules  and regulations for the management and maintenance of   the canals and navigation thereof as the Commissioner of  Transportation   shall  from  time  to  time  prescribe;  also  a  provision in substance   reserving to the department the right, on ninety days' written notice to   the licensee, to retake, recapture and resume wholly or in part the  use   of  the  water  and other property covered by the license, including all   structures erected upon  and  improvements  to  such  property,  and  to   control  and  limit  the manner and extent of use of such water or other   property, whenever in the opinion of the Commissioner of  Transportation   or  the  Legislature,  the  necessary supply of water for the use of the   canals of the state, or any future alterations or  improvements  of  the   canals,  or the safety of the works connected therewith, may render such   resumption,  control  or  limitation  necessary;  also  a  provision  in   substance  reserving to the state the right wholly to abandon or destroy   the canal, dam or works by the erection or  construction  of  which  the   surplus water covered by the license is rendered available. In either of   which  events,  the  licensee,  if he promptly complies with any and all   lawful directions of the department with respect to the cessation of the   use of water and removal from the premises may recover from the state in   the Court of Claims the damages resulting  to  him  therefrom,  but  the   damages   for   improvements   on  state  lands  shall  not  exceed  the   reconstruction cost. The damages for which the state shall be liable may   be specified in the license. The state  shall  not  be  liable  for  any   temporary  interruption  for  the  repair  of or in the operation of the   canal, and in case of a substantial change in  the  right  or  privilege   granted, the department, by agreement, may readjust the charge or rental   with the licensee.5. The license shall contain a provision in substance that if there be   a  partial  resumption  of  the use of the water or of the land which is   covered by the license, the licensee, at his option,  may  continue  for   the remainder of the term specified in the license to use the residue of   the  water  and  land  covered  by  the  license,  under  the  terms and   conditions of the license, or such modified terms as may be agreed upon,   upon the payment to the state of a  revised  and  readjusted  charge  or   rental,  and  that if the licensee refuses to accept or continue the use   of the remaining water and land at the revised  and  readjusted  rental,   the  license  shall  terminate and the licensee shall have his claim for   damages as provided by the preceding subdivision. 6. Except as otherwise provided by law, the terms and provisions of  a   license  may  be altered only by mutual agreement between the department   and the licensee, after publication as  provided  in  subdivision  1  of   section  15-0903  of  a  notice  setting forth the time and place of the   meeting  at  which the proposal to alter the terms and provisions of the   license will be considered. If by any such agreement the amount of water   available for use by the licensee is curtailed  or  the  privileges  and   rights  under  the  license  are  materially changed, the department may   revise and readjust the rental to be paid.7. The license may contain a provision to the effect that the licensee   shall furnish to the state, free of charge or upon terms to be fixed  as   therein provided, the hydraulic or hydro-electric power required for the   operation  or  lighting  of  certain  defined state structures, works or   property.8. The license may also contain a provision  in  substance,  that  the   licensee shall obtain the fee simple absolute of, or any lesser interest   in,  all  property  other  than  that  of  the  state used by him in the   construction of the project.9. In issuing licenses for a minor part only of a complete project, or   for a complete project of not more than one hundred horsepower capacity,   the department may in its discretion waive such  conditions,  provisions   and  requirements of title 17 of this article, except the license period   of fifty years, as it may deem to be to the  public  interest  to  waive   under the circumstances.10.  The  department  shall  pay  into  the  state treasury the moneys   received by it in the course of administering the provisions of title 17   of this article in the manner provided  by  section  121  of  the  State   Finance Law.