2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 11 - Local and Regional Water Resources Planning and Development › 15-1107 - Plans; Approval; Changes, Modifications and Rescission.

§ 15-1107. Plans; approval; changes, modifications and rescission.
1. Plans submitted pursuant to section 15-1105:
a.  Shall  in  all  cases  be  so  drawn  and of such scope as is best
  calculated  to  assure  prompt  or  orderly  development  of  the  water
  resources  for  the  beneficial use of the people of the region involved
  and of the state as a whole;
b. Shall show the available and feasible sites  for  the  installation
  and  operation of protective, conservation and regulatory works, and the
  benefits estimated to be derived from such installation  and  operation.
  The  plan or plans shall be accompanied by such maps, profiles and other
  data and descriptions as will  set  forth  and  show  the  location  and
  character  of  the works and of the property required to be taken for or
  to be damaged by such installation or operation or  for  the  protection
  and  maintenance of the works to be installed, together with an estimate
  of the cost thereof;
c. Shall estimate the minimum annual amount of water  which  would  be
  available  for  all  purposes  if  the  plan  or plans were to be put in
  operation;
d. Shall not,  in  the  computations  of  water  estimated  to  become
  available as a result of the execution of the plan or plans, include any
  amount  of water, the use of which has theretofore been duly acquired or
  authorized pursuant to  approval,  license,  permit  or  other  official
  sanction;
e.  Shall,  whenever  feasible and economically justified, provide for
  the storage of sufficient water for distribution and  use  for  all  the
  purposes and uses contemplated by this article;
f.  Shall  not  include  in any plan or plans, any proposal or project
  providing for any action or steps which would  impair  or  diminish  any
  right protected by section 15-1113;
g. Shall list possible sources of income, including the sale of water,
  from the operation of such works, and estimate the amount thereof; and
h.  Shall recommend whether the plan or plans should be carried out as
  a single or multiple stage project, and shall also recommend an  agency,
  existing or proposed, to undertake the project.
2.  Upon  receipt of a plan from the board, the department shall cause
  public notice to be given that on a day therein named  it  will  hold  a
  public  hearing at such a place as is specified in the notice and within
  the region covered by the plan, for the purpose of hearing all  persons,
  public  corporations  and agencies of the state which may be affected by
  the plan. Such notice shall be published pursuant to  subdivision  1  of
  section  15-0903.  In addition to such publication, the department shall
  give written notice of the public hearing, as required by subdivision  3
  of  section  15-1103,  and may give written notice thereof to additional
  persons, public corporations or agencies of the state, as authorized  by
  such subdivision. At any time prior to the day specified in such notice,
  specified  objections  in  writing  to  the plan or parts thereof may be
  filed in the office of the department. The department  shall,  upon  the
  day  specified  in  the  notice,  or upon such subsequent day or days to
  which it may adjourn the hearing, proceed to take  testimony  and  proof
  and  to  hear arguments submitted in support of and in opposition to the
  plan, but no objectors shall be heard unless  they  have  filed  written
  objections  as  authorized by this section. At the close of the hearing,
  the department may fix a date or dates for the filing of briefs.
3. The department within ninety days after the last date fixed for the
  filing of  briefs  and  with  all  convenient  speed  shall  render  its
  decision.  The department, upon the proofs and evidence submitted at the
  public hearing:
a. Shall determine whether the plan as proposed by the board  conforms
  to  and complies with the purposes of title 11 of this article and would
  serve the public interest and benefit, or whether it should be  modified
  in any respect, detail or part to accomplish such purposes;
b.  Shall  determine  whether  the  plan  as  proposed  by  the  board
  interferes or conflicts with the  plans  of  any  other  regional  water
  resources  planning  board,  and  would  be  just  and  equitable to the
  interests of other areas of the state;
c. Shall approve such plan as submitted by the board or as modified by
  the department; or  shall  disapprove  the  plan;  or  shall  remit  the
  proposal  to  the  board  for  further  investigation, study, survey and
  planning; and
d. Shall recommend with public corporations, private  corporations  or
  agencies  of  the state, existing or proposed, would, in its opinion, be
  best qualified to carry out expeditiously and  efficiently  the  project
  proposed  by  the plan, as approved by the department, and to construct,
  maintain  and  operate  the  works  in  connection  therewith.  If   the
  department  recommends  that  a  new  public corporation or state agency
  should  be  established  for  such  purposes,  it   shall   transmit   a
  recommendation  to the legislature and the Governor for the enactment of
  legislation to create and establish such body or  agency,  or  to  grant
  authority to existing public corporations or state agencies.
4.  Upon  the filing of the departments decision or, in the event such
  decision is reviewed in the manner provided by article seventy-eight  of
  the  Civil  Practice Law and Rules, upon the final determination of such
  review proceeding, the plan as approved by the department or as approved
  or modified by the court in a review proceeding, shall  be  the  general
  plan  for  the  conservation,  development  and utilization of the water
  resources  of  the  region,  and  such  general  plan  shall  be   given
  consideration  by the department in any future application before it and
  over which it has jurisdiction  by  virtue  of  this  article  or  other
  provision of law. None of the works or projects, included in the general
  plan,  nor any part or parts thereof shall be undertaken, constructed or
  put into operation until detailed and specific maps and  plans  therefor
  have  been submitted to the department for approval upon the petition of
  an agency authorized to undertake or construct such works or projects or
  parts thereof. The department shall determine, after public hearing,  if
  the detailed and specific plan before it for approval conforms to and is
  consistent  with  the  general  plan,  and  whether  it is in the public
  interest to undertake the construction and operation  of  the  works  or
  projects  as proposed. The department shall have the power to approve or
  disapprove the detailed and specific maps and plans,  or  to  so  modify
  them as will, on the evidence presented, bring them into conformity with
  the general plan.
5.  Any  municipality  or combination of municipalities may, except as
  provided in subdivision 7 of section 15-1103, file with the department a
  verified petition requesting the department to modify, change or rescind
  any general plan approved by it. The petition shall set forth the  facts
  on which the petitioner or petitioners rely to show that it is necessary
  and  would  be  in  the public interest to change or modify such plan as
  requested in the petition, or to rescind such plan. Upon receipt of such
  a petition, the department shall give public notice  of  hearing,  shall
  give  written  notice  of  hearing  to parties and persons, shall hold a
  public hearing on such petition, and shall take testimony and proof,  in
  the  same  manner  as if the department were holding a public hearing on
  the original submission of the plan which such petition seeks to change,
  modify or rescind. The department, within ninety  days  after  the  last
  date fixed for the filing of briefs and with all convenient speed, shall

  render  its  decision  changing,  modifying  or rescinding such plan, or
  denying the petition, as the public interest shall require.
6.  The  department  may,  on  its own motion, initiate proceedings to
  change, modify  or  rescind  any  approved  plan.  The  proceedings  and
  procedure  with  respect to any such proposal, including notice, hearing
  and judicial review, shall be the same as in the case of a petition  for
  change, modification or rescission of a plan.
7.  Except as hereinafter in this subdivision provided, the provisions
  of  sections  15-1109  and  15-1111  shall  apply  to  the  sharing  and
  apportionment  of  costs  and  expenses incurred by the department under
  this section. In any case where an application  under  this  section  is
  filed  with  respect  to  any plan by any municipality or municipalities
  outside of  the  region  specified  in  such  plan,  the  share  of  the
  department  costs  and  expenses  which  would  otherwise be paid by the
  county or counties of such region, shall be paid by such municipality or
  municipalities.