NY Env Conserv L § 15-0701 (2021)
2021 New York Laws ENV - Environmental Conservation Article 15 - Water Resources Title 7 - Private Rights in Waters 15-0701 - Harmless Alterations in Watercourses and Lakes; Prescriptive Rights or Privileges; Action for Declaratory Judgment; Limitations of Time.

§ 15-0701. Harmless  alterations in watercourses and lakes; prescriptiverights or  privileges;  action  for  declaratory  judgment;limitations of time.1.  An alteration (whether or not it causes water to cover or permeate   land previously dry) in the natural flow, quantity, quality or condition   of a natural watercourse or lake situated in this state and either on or   below the surface of the earth, effected by the use  either  on  or  off   riparian  land,  withdrawal, impoundment, or obstruction of the water in   such watercourse or lake, or by the addition of  water  thereto,  or  by   changes  in  the banks, bed, course or other physical characteristics of   such watercourses or lake, is  reasonable  and  lawful  as  against  any   person,  as  defined  in  subdivision  two of section 15-0107, having an   interest in such watercourse or lake, unless such alteration is  causing   harm  to  him or it, or would cause him or it immediate harm if and when   begun. No action for nominal damages  or  for  an  injunction  shall  be   maintainable  because  of  such  an  alteration  against  any  person or   corporation, whether a riparian owner or not, on the  ground  that  such   alteration  is  an  infringement  of  the plaintiff's private rights and   privileges in the waters of, or with respect  to,  such  watercourse  or   lake  unless  such  alteration is causing plaintiff harm, or would cause   him or it immediate harm if and when begun. This subdivision shall apply   to such an action regardless of whether the alteration sought to be made   the basis of it was caused before or after the effective  date  of  this   section.2. For the purpose of this section, "harm" shall mean:a.  Interference  with  a  present use of the water by the complaining   party or an interference with the complaining party's present  enjoyment   of  riparian  land  occurring  prior  to suit, or which will immediately   occur when the alteration complained of is begun, regardless of  whether   such  interference  has  caused or will ever cause such party measurable   financial loss; orb. A decrease in the market value of the complaining party's  interest   in  riparian  land  occurring  prior  to suit, or which will immediately   occur when the alteration complained of is begun, regardless of  whether   his  use  of the water or enjoyment of riparian land was interfered with   prior  to  suit,  or  will  be  immediately  interfered  with  when  the   alteration complained of is begun.3.  Interference  with  the  present enjoyment of riparian land may be   established by proof that the alteration complained of or sought  to  be   enjoined  is rendering or will immediately render riparian land owned or   occupied by the complainant less suitable or useful for the  purpose  or   purposes  to  which he is presently devoting it. The evidence admissible   to establish a decrease in the suitability or utility of such  land  for   such  purposes  may  include, but not be limited to, evidence tending to   show that the act complained of has  diminished,  or  when  begun,  will   immediately diminish, the desirability for recreational purposes, or the   natural  beauty of the body of water to which the land owned or occupied   by the complainant is riparian.4. The cause of action essential to the initiation and creation  of  a   prescriptive  right  or  privilege  against  a private riparian owner to   continue an alteration in the natural condition of such a watercourse or   lake shall not be supplied by such an alteration  until  it  shall  have   caused such riparian owner harm and then only if it is unreasonable.5.  Nothing  contained in this section shall, however, be construed as   depriving  any  person  or  corporation  having  an  interest  in   such   watercourse  or  lake  of any remedy either at law or in equity which he   now has, or may hereafter acquire, under the law of this state for  harm   caused  him  by  an  unreasonable alteration in the natural condition of    such a watercourse or lake, regardless of whether  such  alteration  was   harmful and unreasonable from its initiation or subsequently became so.6.  Any  person  desirous of ascertaining the extent of the rights and   privileges of himself and others in the water of or with respect to  the   natural  condition of such a natural watercourse or lake may maintain an   action for a declaratory judgment defining the extent of such rights and   privileges. Neither proof of present  harm  nor  of  the  likelihood  of   future harm to the plaintiff from an alteration in the natural condition   of  such watercourse or lake shall be prerequisite to the maintenance of   such an action, the judgment in which shall not affect  the  rights  and   privileges  of  any  person  or corporation not a party thereto. Such an   action shall be  maintainable  by  persons,  corporations,  governmental   units,  owners  of  land riparian to such a natural watercourse or lake,   persons to whom such owners have granted their riparian rights in  whole   or in part, and owners of prescriptive rights or privileges in the water   of or with respect to such watercourses or lakes.7.  No  statute  of  limitations shall begin to run against a cause of   action for  such  a  declaratory  judgment  until  a  plaintiff  who  is   empowered  by  this  section  to  maintain  it  has  been  harmed  by an   unreasonable alteration in the natural condition of such watercourse  or   lake  effected by the person or his predecessor in interest against whom   such an action may be maintained.8. Notwithstanding any other provision of this section,  if  the  harm   resulting  from  an  unreasonable alteration of the natural condition of   such a natural watercourse or lake is one which would not ordinarily  be   noticeable  by  an owner of land actually present thereon, no statute of   limitations shall begin to run against any cause of action  referred  to   in  subdivisions four and five of this section until the party harmed is   fairly chargeable with knowledge that he has been harmed.9. Nothing herein contained shall be construed to alter or affect  the   right  to  exercise  any power which the state of New York or any agency   thereof, or any county, city, town or village or any agency thereof, may   have to enjoin the initiation or continuance of  an  alteration  in  the   natural condition of a natural watercourse or lake.