NY Env Conserv L § 15-2501 (2021)
2021 New York Laws ENV - Environmental Conservation Article 15 - Water Resources Title 25 - Joint River Regulating, River Improvement and Drainage Improvement Districts 15-2501 - Formation of Joint Districts.

§ 15-2501. Formation of joint districts.1.  A  river  regulating  district  formed  and  established under the   provisions of title 21 of this article may be given extended powers  and   duties  by  the  formation  by  the department of a river improvement or   drainage improvement district, or both, which districts shall  have  the   same  boundaries  as the river regulating district, shall be joined with   it as one body corporate and subject to the general supervision  of  the   department  and  shall  be  administered  by  the  board  of  the  river   regulating district. If  this  is  done,  the  board  shall  thenceforth   exercise the powers of the department as set forth in title 19 and title   23  of this article, except those under sections 15-1945 and 15-1957 and   as otherwise provided below. Whenever the department is empowered to set   up districts under title 19 and title 23 of this article, the board may,   by  the  same  procedure,  set  up   river   or   drainage   improvement   sub-districts  which shall not be separate bodies corporate but shall be   financial and assessment entities  and  each  of  which  shall  have  an   association.  Any  function  which  title  19 and title 23 specify to be   performed by  the  Department  of  Transportation  or  the  Commissioner   thereof  shall be performed by the board through its engineering forces,   and legal matters may be handled by counsel to the board.  Whenever  the   statute  requires  the  board  to file in final form orders, statements,   schedules, reports, plans, or other  papers,  to  give  notice  of  such   filing and, after review, if any, to record or file the same such papers   may not be filed except with the consent and approval of the department.   All  contract  plans  and  specifications  must  similarly  receive such   approval to make them valid. All contracts must be  so  approved  before   they  are signed and all acts authorizing the borrowing of money, making   of assessments, or statements of the amounts  which  must  be  collected   with  annual  taxes,  must be approved by the department before they are   submitted to the Comptroller. In proper cases, any such district may  be   assessed as an entity for benefits derived from the operation of another   sub-district or the construction of a regulating reservoir.2.  Proceedings  for  the  formation  of  a joint district shall be as   nearly as may be those set forth in title 19 or title 23 as the case may   be. They shall be  initiated  by  a  written  petition  filed  with  the   department.   On   receipt   thereof  the  department  shall  make  such   investigation as it deems necessary, shall set the time and place for  a   hearing  thereon  and  shall  give  notice  of  the  same by publication   pursuant to the provisions of subdivision 1 of section 15-0903.  At  the   hearing, the department will hear the applicants and the board, and such   objectors  as  have  filed  written  objections.   After the hearing the   department shall approve, modify and approve or reject  the  application   according  to what it finds to be the best interest of the people of the   state. The action of the department shall be in the  form  of  a  signed   written  order,  copies  of  which  shall be filed in the offices of the   clerk of each county, town, city or village,  any  part  of  which  lies   within  the  proposed  district. Notice of such filing shall be given by   publication and the acts of the department may be reviewed provided such   review is initiated within sixty days of the date of the order.  If  not   reviewed  or  if confirmed by the courts reviewing the matter, the order   shall be recorded in the offices of the clerks of the various  counties;   thereupon  the  order shall become final and the joint district shall be   deemed to have been formed on the date of the order. Certified copies of   such order shall be served on the board and shall be  its  authority  to   act for the new district.