NY Pub Auth L § 2710 (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 29 - Development Authority of the North Country Act 2710 - Special Powers With Regard to Water Facilities.

§  2710. Special powers with regard to water facilities. The authority   shall have power:1. to acquire, construct, purchase  or  lease,  in  the  name  of  the   authority,  any  water facility, water supply system, water distribution   system, including plants, works, instrumentalities or parts thereof  and   appurtenances  thereto,  lands,  easements,  rights  in  land  and water   rights,  rights-of-way,   contract   rights,   franchises,   approaches,   connections,  dams,  reservoirs,  water  mains  and  pipe lines, pumping   stations and equipment, wells or any other property  incidental  to  and   included   in  such  system  or  part  thereof,  and  any  improvements,   extensions and betterments, situated within the  participating  counties   for  the  purpose of supplying water for domestic, commercial and public   purposes within the participating counties to any person, the state, any   public corporation or the United States; and as a means of so  acquiring   for  such  purposes, the authority may purchase all of the assets of any   existing privately owned water corporation or company;2. to have and take ownership, jurisdiction, control,  possession  and   supervision  of  any  existing water system and to construct and develop   any  water  facility  including  any  water  supply  system   or   water   distribution  system,  including  plants,  works,  instrumentalities, or   parts thereof, and appurtenances thereto, dams, reservoirs, water mains,   pipe lines, pumping stations and equipment, wells, or any other property   incidental to or included in such system  or  part  thereof  within  the   participating  counties  and to acquire, by condemnation, as provided in   this section or otherwise lands, easements, rights of  land,  and  water   rights  and  rights-of-way  within  the  participating  counties;  or to   purchase or lease lands, easements, rights in land, and water rights and   rights-of-way in connection therewith within the participating  counties   and  to own and operate, maintain, repair, improve, reconstruct, enlarge   and extend, subject  to  the  provisions  of  this  title,  any  of  its   properties  acquired  or  constructed  under  this  title, all of which,   together with the acquisition of such properties are hereby declared  to   be public purposes;3.  to establish a schedule of rates, rentals or charges, to be called   "water rents," to be collected from all  real  property  served  by  its   water  facilities,  and to prescribe the manner in which and the time at   which such water rents are to be paid, provided that in no  event  shall   the  authority  collect  rents  within  any  city within a participating   county, and to change such schedule from time to time as may  be  deemed   advisable.  Such  water  rents may be determined by the authority on any   equitable basis. Prior to the final adoption  or  modification  of  such   schedule  of  water rents, the authority shall adopt a proposed schedule   of such water rents and publish notice thereof once  a  week  for  three   successive  weeks in each participating county served by the authority's   water facilities. The notice so published shall be dated as of the  date   of  first publication thereof and shall state that the proposed schedule   of water rents will remain open for inspection  in  the  office  of  the   authority  for  thirty  days  from  the  date  of  such notice, and that   objections thereto may be filed during said period with the authority by   any person conceiving himself aggrieved thereby.   The  authority  shall   hear  and  examine  any  such  complaints  and  may  modify the proposed   schedule and shall adopt a final schedule of water  rents  within  sixty   days  after  the  date  of  said  notice. The schedule of water rents so   adopted shall thereafter be the water  rents  to  be  charged  all  real   property served by the sewer facilities of the authority. From and after   the  due date thereof, such water rents shall constitute a lien upon the   real property served by the facilities. In the event that any such water   rent shall remain unpaid for a period of ninety days, the authority,  or    for  property  within any city within a participating county, such city,   may  bring  and  maintain  an  action  in  the  supreme  court  for  the   foreclosure of such lien;4.  to  adopt  regulations  in  accordance with law providing that the   authority shall shut off the supply of water to any premises upon  which   water  rents have not been paid until the water rents are paid, together   with provision for an equitable charge for restoring  water  service  to   said premises;5.  to  sell  water,  however  acquired,  by  volume  and at retail to   consumers including the United States within the participating  counties   for  domestic,  commercial, industrial and public purposes, or by volume   or in bulk and at wholesale to any or all persons, public  corporations,   the  United  States  or  any  privately  owned  public  water supply and   distribution systems in the participating counties. To  sell  any  water   not  needed  in  such  participating counties by volume and at retail to   consumers without the participating counties for  domestic,  commercial,   industrial and public purposes, or by volume or in bulk and at wholesale   to  any municipality, public corporation or privately owned public water   supply and distribution system outside of  the  participating  counties,   provided  that the authority shall not sell water in any area outside of   the  participating  counties  unless  the   governing   board   of   the   municipality  wherein such area is located shall enter into an agreement   with the authority for service or sale of water by it in  such  area  or   shall  by  resolution  request  the  authority to sell water within such   area. Any agreement between a municipality outside of the  participating   counties  and  the  authority  for  the  sale of water to or within such   municipality shall be subject to the approval of the legislative body of   the  participating  county  or  counties  wherein  the  water   facility   supplying  such water is located. In addition to the powers hereinbefore   granted the authority may develop and provide  a  sufficient  amount  of   water  so  as  to  supply water outside of the participating counties to   sell  such  water  to  consumers,  any  person,  public  corporation  or   privately  owned  public  water  supply and distribution system provided   however, that no such sale shall be made without  the  approval  of  the   legislative  body  of  the  county in which the water facility supplying   such water is located;6. to purchase water in bulk or by volume  from  any  person,  private   corporation  or  municipality  when  necessary  or  convenient  for  the   operation of any water supply and distribution system developed  by  it,   or  when  necessary  or  convenient  for  resale under the authority and   provisions of subdivision three of this section; and7. to enter into cooperative agreements with other water  authorities,   municipalities,   persons,  or  public  benefit  corporations,  for  the   interconnection of facilities, the exchange or inter-change of  services   and  commodities,  and  to  enter into contracts for the construction of   water  supply  and  distribution  systems  by  the  authority  for   any   municipality upon such terms and conditions as shall be determined to be   reasonable including, but not limited to, the reimbursement of all costs   of  such  construction provided, however, that any such agreement with a   municipality located in a county, shall be subject to  the  approval  of   the legislative body of such county; and8.    to  enter  into  a  contract  or  contracts  with  the  board of   supervisors or county legislatures of each participating county for  the   acquisition,   construction  and  development  of  a  water  supply  and   distribution system, or any part or parts thereof and  to  contract  for   the  operation  and  management  of  such  water supply and distribution   system.