NY Env Conserv L § 15-1107 (2021)
2021 New York Laws ENV - Environmental Conservation Article 15 - Water Resources Title 11 - Local and Regional Water Resources Planning and Development 15-1107 - Plans; Approval; Changes, Modifications and Rescission.

§ 15-1107. Plans; approval; changes, modifications and rescission.1. Plans submitted pursuant to section 15-1105:a.  Shall  in  all  cases  be  so  drawn  and of such scope as is best   calculated  to  assure  prompt  or  orderly  development  of  the  water   resources  for  the  beneficial use of the people of the region involved   and of the state as a whole;b. Shall show the available and feasible sites  for  the  installation   and  operation of protective, conservation and regulatory works, and the   benefits estimated to be derived from such installation  and  operation.   The  plan or plans shall be accompanied by such maps, profiles and other   data and descriptions as will  set  forth  and  show  the  location  and   character  of  the works and of the property required to be taken for or   to be damaged by such installation or operation or  for  the  protection   and  maintenance of the works to be installed, together with an estimate   of the cost thereof;c. Shall estimate the minimum annual amount of water  which  would  be   available  for  all  purposes  if  the  plan  or plans were to be put in   operation;d. Shall not,  in  the  computations  of  water  estimated  to  become   available as a result of the execution of the plan or plans, include any   amount  of water, the use of which has theretofore been duly acquired or   authorized pursuant to  approval,  license,  permit  or  other  official   sanction;e.  Shall,  whenever  feasible and economically justified, provide for   the storage of sufficient water for distribution and  use  for  all  the   purposes and uses contemplated by this article;f.  Shall  not  include  in any plan or plans, any proposal or project   providing for any action or steps which would  impair  or  diminish  any   right protected by section 15-1113;g. Shall list possible sources of income, including the sale of water,   from the operation of such works, and estimate the amount thereof; andh.  Shall recommend whether the plan or plans should be carried out as   a single or multiple stage project, and shall also recommend an  agency,   existing or proposed, to undertake the project.2.  Upon  receipt of a plan from the board, the department shall cause   public notice to be given that on a day therein named  it  will  hold  a   public  hearing at such a place as is specified in the notice and within   the region covered by the plan, for the purpose of hearing all  persons,   public  corporations  and agencies of the state which may be affected by   the plan. Such notice shall be published pursuant to  subdivision  1  of   section  15-0903.  In addition to such publication, the department shall   give written notice of the public hearing, as required by subdivision  3   of  section  15-1103,  and may give written notice thereof to additional   persons, public corporations or agencies of the state, as authorized  by   such subdivision. At any time prior to the day specified in such notice,   specified  objections  in  writing  to  the plan or parts thereof may be   filed in the office of the department. The department  shall,  upon  the   day  specified  in  the  notice,  or upon such subsequent day or days to   which it may adjourn the hearing, proceed to take  testimony  and  proof   and  to  hear arguments submitted in support of and in opposition to the   plan, but no objectors shall be heard unless  they  have  filed  written   objections  as  authorized by this section. At the close of the hearing,   the department may fix a date or dates for the filing of briefs.3. The department within ninety days after the last date fixed for the   filing of  briefs  and  with  all  convenient  speed  shall  render  its   decision.  The department, upon the proofs and evidence submitted at the   public hearing: a. Shall determine whether the plan as proposed by the board  conforms   to  and complies with the purposes of title 11 of this article and would   serve the public interest and benefit, or whether it should be  modified   in any respect, detail or part to accomplish such purposes;b.  Shall  determine  whether  the  plan  as  proposed  by  the  board   interferes or conflicts with the  plans  of  any  other  regional  water   resources  planning  board,  and  would  be  just  and  equitable to the   interests of other areas of the state;c. Shall approve such plan as submitted by the board or as modified by   the department; or  shall  disapprove  the  plan;  or  shall  remit  the   proposal  to  the  board  for  further  investigation, study, survey and   planning; andd. Shall recommend with public corporations, private  corporations  or   agencies  of  the state, existing or proposed, would, in its opinion, be   best qualified to carry out expeditiously and  efficiently  the  project   proposed  by  the plan, as approved by the department, and to construct,   maintain  and  operate  the  works  in  connection  therewith.  If   the   department  recommends  that  a  new  public corporation or state agency   should  be  established  for  such  purposes,  it   shall   transmit   a   recommendation  to the legislature and the Governor for the enactment of   legislation to create and establish such body or  agency,  or  to  grant   authority to existing public corporations or state agencies.4.  Upon  the filing of the departments decision or, in the event such   decision is reviewed in the manner provided by article seventy-eight  of   the  Civil  Practice Law and Rules, upon the final determination of such   review proceeding, the plan as approved by the department or as approved   or modified by the court in a review proceeding, shall  be  the  general   plan  for  the  conservation,  development  and utilization of the water   resources  of  the  region,  and  such  general  plan  shall  be   given   consideration  by the department in any future application before it and   over which it has jurisdiction  by  virtue  of  this  article  or  other   provision of law. None of the works or projects, included in the general   plan,  nor any part or parts thereof shall be undertaken, constructed or   put into operation until detailed and specific maps and  plans  therefor   have  been submitted to the department for approval upon the petition of   an agency authorized to undertake or construct such works or projects or   parts thereof. The department shall determine, after public hearing,  if   the detailed and specific plan before it for approval conforms to and is   consistent  with  the  general  plan,  and  whether  it is in the public   interest to undertake the construction and operation  of  the  works  or   projects  as proposed. The department shall have the power to approve or   disapprove the detailed and specific maps and plans,  or  to  so  modify   them as will, on the evidence presented, bring them into conformity with   the general plan.5.  Any  municipality  or combination of municipalities may, except as   provided in subdivision 7 of section 15-1103, file with the department a   verified petition requesting the department to modify, change or rescind   any general plan approved by it. The petition shall set forth the  facts   on which the petitioner or petitioners rely to show that it is necessary   and  would  be  in  the public interest to change or modify such plan as   requested in the petition, or to rescind such plan. Upon receipt of such   a petition, the department shall give public notice  of  hearing,  shall   give  written  notice  of  hearing  to parties and persons, shall hold a   public hearing on such petition, and shall take testimony and proof,  in   the  same  manner  as if the department were holding a public hearing on   the original submission of the plan which such petition seeks to change,   modify or rescind. The department, within ninety  days  after  the  last   date fixed for the filing of briefs and with all convenient speed, shall    render  its  decision  changing,  modifying  or rescinding such plan, or   denying the petition, as the public interest shall require.6.  The  department  may,  on  its own motion, initiate proceedings to   change, modify  or  rescind  any  approved  plan.  The  proceedings  and   procedure  with  respect to any such proposal, including notice, hearing   and judicial review, shall be the same as in the case of a petition  for   change, modification or rescission of a plan.7.  Except as hereinafter in this subdivision provided, the provisions   of  sections  15-1109  and  15-1111  shall  apply  to  the  sharing  and   apportionment  of  costs  and  expenses incurred by the department under   this section. In any case where an application  under  this  section  is   filed  with  respect  to  any plan by any municipality or municipalities   outside of  the  region  specified  in  such  plan,  the  share  of  the   department  costs  and  expenses  which  would  otherwise be paid by the   county or counties of such region, shall be paid by such municipality or   municipalities.