2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 15 - Water Supply › 15-1509 - Approval of Plans for Forest Preserve Reservoir Projects; Petition; Proceedings.

§ 15-1509. Approval  of  plans  for  forest preserve reservoir projects;
petition; proceedings.
1. Any publicly owned water supply project involving the  construction
  of  a  reservoir on forest preserve lands must be submitted for approval
  to the department as provided in sections 15-1501 and  15-1503  of  this
  article,  and  the  procedure on such an application shall be as therein
  set forth except as to the additional requirements and further procedure
  required by this section.
2. The petition for approval of such a project must state that  it  is
  desired  to  construct a reservoir on state owned forest preserve lands,
  giving a description of the location and  extent  of  the  lands  to  be
  occupied  or  flooded,  and  shall  be  accompanied  by  a map, based on
  accurate surveys, showing the boundaries of such land and the high  flow
  line  of  the  water  to be impounded thereon. The public notices of the
  hearing shall state that the reservoir proposed to be constructed is  on
  state owned lands within the forest preserve.
3.  In  addition  to  the findings required by section 15-1503 of this
  article, the department in such cases shall also determine  whether  the
  needs of the applicant for water are such as require the proposed public
  use  of  the  land involved, whether the constitutional limitation as to
  the amount of such land that can be used for reservoir purposes will not
  be exceeded, and whether the plans are such that  unsanitary  conditions
  will not be created by the proposed project.
4.  If the application is approved, the department shall apportion all
  the expenses of the proposed project upon the  municipalities  which  it
  may  find  to  be  benefited  thereby,  to  the  extent  of the benefits
  received; it shall also fix the amount to be paid to the  state  by  the
  municipalities  benefited.  Such amount to be paid to the state is to be
  computed as follows:
a. The value of the state owned timber and other forest products to be
  removed during the construction of the project, such amounts to  be  due
  on  the  cutting  of  such timber or other products. Such material shall
  become the property of the applicant on the payment of  such  amount  to
  the  state. The department may direct that the amount due be paid in one
  lump sum or may permit partial payments to be made in such  amounts  and
  at such times as may be specified.
b.  A  charge  of  six  per centum per annum on the value of the state
  owned lands and rights used, unimproved and bare of timber.  This  value
  shall  be  determined  by  the  department  and be redetermined by it at
  intervals of ten years from the date of approval of the application. The
  amount of this charge for any year shall be due and payable on the first
  day of January of the succeeding year and shall be computed from the day
  of the actual entry of the applicant or  the  department  on  the  state
  owned land for the purpose of beginning the clearing or the construction
  work.
c.  An  annual  charge,  to be determined, redetermined and payable as
  provided in paragraph b above, as a reasonable return to the  state  for
  its services rendered.
5.  A statement of all these matters shall be included in the decision
  of the department approving the application.