NY Educ L § 227 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 5 - University of the State of New York Part 1 - General Organization 227 - Colleges May Construct Water-Works and Sewer Systems.

§  227. Colleges may construct water-works and sewer systems. 1. Every   incorporated college in this state is duly authorized and  empowered  to   construct  and  maintain  a  system  of  water-works  for the purpose of   supplying its college buildings and premises  with  pure  and  wholesome   water for domestic, sanitary and fire purposes, and for the preservation   of  the  health  of  its  students,  faculty  and employees, and for the   preservation of the public health of the town, village  or  city  in  or   near which such college is located, and the construction and maintenance   of such water-works is declared to be a public use. Such water-works, as   often as necessary, may be enlarged or improved. Every such incorporated   college  owning  its water-works system and having an adequate supply of   water therefrom, may furnish  water  to  persons  other  than  students,   faculty  and  employees  of  such college at and for a just and adequate   compensation, providing that they reside within  a  sewer  district  now   created  in  which  the premises of the said college or any part thereof   are embraced, and  provided  no  municipal  or  private  public  service   corporation  operates  or  maintains  a  system  of  water-works therein   capable of supplying water to such  inhabitants,  and  provided  further   that  the provisions therein relative to the residence of the purchasers   of water within a sewer district shall not restrict  Cornell  University   from  selling  water  to the residents of the hamlet of Forest Home or a   water district organized for the purpose of furnishing a  potable  water   supply  to said hamlet. Whenever any such college shall extend its mains   along any streets, avenues or highways  for  the  purpose  of  supplying   water to such inhabitants, it shall not lose its exemption from taxation   by  reason thereof, and shall not be deemed to be exercising a public or   corporate franchise within the meaning of the tax law.2. Any such college shall have the right to acquire  real  estate,  or   any  interest therein, necessary or proper for such water-works, and the   right to lay, relay, repair and maintain conduit and water  pipes,  with   connections and fixtures, on, through, and over the lands of others; the   right  to  intercept  and  divert  the  flow of waters from the lands of   riparian owners, and from persons owning and interested in  any  waters;   and  the right to prevent the flow or drainage of noxious, or impure, or   unwholesome matter from the lands of  others  into  its  reservoirs,  or   sources  of supply. But no such college shall ever have power to take or   use water from any of the lands of this state, or any  land,  reservoir,   or  feeders,  or  any streams which have been taken by the state for the   purpose  of  supplying  the  canals  with  water.  The  consent  of   an   incorporated  village  or city must be obtained to lay any such pipes in   or through its streets, and such consent  may  be  accompanied  by  such   reasonable conditions or restrictions as are proper.3.  Such  college  may  cause  such  examinations  and surveys for its   proposed water-works to be made as may be  necessary  to  determine  the   proper  location  thereof, and for such purpose, by its officers, agents   and servants, may enter upon any lands or waters in the vicinity for the   purpose of making such examinations and surveys,  subject  to  liability   for all damage done. When surveys or examinations are made or concluded,   a  map  shall  be  made of the lands or interests to be taken or entered   upon, and on which the land or interest of each owner or occupant  shall   be  designated, and all streets and roads in which it is proposed to lay   conduit pipes, with the proposed line thereof, which map shall be  dated   and  signed by the engineer making the same; and said map shall be filed   and kept in the college library for examination  and  reference,  and  a   duplicate  thereof  shall  be filed in the clerk's office in each county   wherein any of such lands or interests proposed to be taken are located.   Such examinations and  surveys  may  be  ordered  and  directed  by  the   president  or  board  of  trustees  of  such  college. A majority of the    trustees shall determine upon the construction of such  water-works  and   the  plans  thereof,  and  order  contracts  therefor to be made by such   officers of the college as may be designated.4.  If  any  such  college shall be unable to agree upon such terms of   purchase of any such property, right or easements, before or after plans   shall be determined upon, it may, after such plans  have  been  adopted,   acquire  the  same  by  condemnation, according to the provisions of the   eminent domain procedure law.5. When any such college has constructed and completed water-works, as   above provided, it may, by a majority of its  trustees,  determine  upon   and  construct  a  sewer  system; it may connect the same with the sewer   system of the village, city or town sewer districts thereof in  or  near   which  said  college  is  situated, if such connection is practicable. A   college, with the approval of its trustees, may allow its  sewer  system   to  serve  as  an  interconnection  between  separate  sewer  systems of   villages, cities or town sewer districts when and so long as such use of   the sewer system of the college does not interfere with or limit the use   of that sewer system by the college. The  college  shall  not  lose  its   exemption  from taxation by reason of such connection or interconnection   of its sewer system and the college shall not be deemed to be exercising   a public or corporate franchise within  the  meaning  of  the  tax  law.   Examination,  surveys and a map may be made as above provided. Lands and   easements may be acquired by purchase, as above provided,  and  in  case   such  acquisition  can not be made by purchase then they may be acquired   by condemnation, according to the provisions of the condemnation law.