NY Env Conserv L § 15-1705 (2021)
2021 New York Laws ENV - Environmental Conservation Article 15 - Water Resources Title 17 - Water Power 15-1705 - Licenses; Approval by the Governor.

§ 15-1705. Licenses; approval by the Governor.1.  The  department,  subject  to  the  provisions of title 17 of this   article, may upon application issue to any person or public  corporation   heretofore  or  hereafter  authorized  to  develop, use, furnish or sell   power in this state or to  a  municipality  of  the  state  having  such   authority,  a  license  authorizing  the  diversion and use for power or   other purposes of any of the waters of the state in which the state  has   a  proprietary  right  or  interest,  or  the  bed of which, or the real   property required for use of such waters or the right to  develop  water   power,  is vested in the state; or of boundary waters of the state where   the state has jurisdiction over the diversion or interference  with  the   flow  of  the same solely or concurrently with any other jurisdiction or   owner of a proprietary right; or to any such applicant when the owner of   any water power site or sites which it uses or proposes to use  for  the   production, sale and distribution of heat, light or power to the public;   and  subject  to the property right of others including riparian rights,   authorizing the construction, maintenance and operation  in,  across  or   along  any  of such lands and waters of such dams, reservoirs, diverting   canals or races, water conduits, power houses,  transmission  lines  and   other  project  works  as  are  deemed  necessary  or convenient for the   development, transmission and utilization of the developable  power  and   authorizing  in connection therewith the use of dams or other structures   or contiguous or adjacent lands belonging to the state. When  any  water   power  site or property necessary to the full development of such a site   is owned by the state, or water, the use of which is dependent upon  the   consent  of the state, is not, in the opinion of the department suitable   or necessary for the development of power for public use, a license  may   be  issued  to a person or public corporation for private use under like   conditions and with the same restrictions.2. Whenever the use of water or the erection  of  structures  under  a   license  may  affect  the  navigable waters over which the United States   shall have lawfully assumed jurisdiction  for  purposes  of  navigation,   such  license  shall  not  be  issued  until  the plans for such use and   structures  have  been  submitted  to  and  approved  by   the   federal   authorities  as  required  by law and any licenses shall be at all times   subject to the lawful exercise of  such  jurisdiction  over  the  waters   affected by the license for the purposes of navigation.3.  Whenever  canal lands, structures or surplus canal or canal feeder   waters are covered by the license, the license shall  not  issue  unless   the  Commissioner  of  Transportation  certifies  to  the  department in   writing that the same are not necessary for the navigation or  operation   of  the  canals  and  shall not become effective until endorsed with his   approval. Any licensee in the use of such license, structures  or  water   shall  be  at all times subject to such reasonable rules and regulations   as the Commissioner of Transportation shall from time to time  prescribe   so  that the use thereof by the licensee shall not impair the efficiency   of the canals and such use shall at all  times  be  subordinate  to  the   needs of the canals.4.  Notwithstanding  any  provision  of  title  17 of this article, no   license issued by the department pursuant to the provisions of title  17   of  this  article  shall be effective unless and until it is approved in   writing by the Governor and such approval is signed by him  and  affixed   thereto; and notwithstanding any provision of title 17 of this article a   modification  of  such  license shall not be effective until approved by   the Governor in like manner.