2023 New York Laws › EDN - Education › Title 1 - General Provisions › Article 5 - University of the State of New York › Part 1 - General Organization › 227 - Colleges May Construct Water-Works and Sewer Systems.

§  227. Colleges may construct water-works and sewer systems. 1. Every
  incorporated college in this state is duly authorized and  empowered  to
  construct  and  maintain  a  system  of  water-works  for the purpose of
  supplying its college buildings and premises  with  pure  and  wholesome
  water for domestic, sanitary and fire purposes, and for the preservation
  of  the  health  of  its  students,  faculty  and employees, and for the
  preservation of the public health of the town, village  or  city  in  or
  near which such college is located, and the construction and maintenance
  of such water-works is declared to be a public use. Such water-works, as
  often as necessary, may be enlarged or improved. Every such incorporated
  college  owning  its water-works system and having an adequate supply of
  water therefrom, may furnish  water  to  persons  other  than  students,
  faculty  and  employees  of  such college at and for a just and adequate
  compensation, providing that they reside within  a  sewer  district  now
  created  in  which  the premises of the said college or any part thereof
  are embraced, and  provided  no  municipal  or  private  public  service
  corporation  operates  or  maintains  a  system  of  water-works therein
  capable of supplying water to such  inhabitants,  and  provided  further
  that  the provisions therein relative to the residence of the purchasers
  of water within a sewer district shall not restrict  Cornell  University
  from  selling  water  to the residents of the hamlet of Forest Home or a
  water district organized for the purpose of furnishing a  potable  water
  supply  to said hamlet. Whenever any such college shall extend its mains
  along any streets, avenues or highways  for  the  purpose  of  supplying
  water to such inhabitants, it shall not lose its exemption from taxation
  by  reason thereof, and shall not be deemed to be exercising a public or
  corporate franchise within the meaning of the tax law.
2. Any such college shall have the right to acquire  real  estate,  or
  any  interest therein, necessary or proper for such water-works, and the
  right to lay, relay, repair and maintain conduit and water  pipes,  with
  connections and fixtures, on, through, and over the lands of others; the
  right  to  intercept  and  divert  the  flow of waters from the lands of
  riparian owners, and from persons owning and interested in  any  waters;
  and  the right to prevent the flow or drainage of noxious, or impure, or
  unwholesome matter from the lands of  others  into  its  reservoirs,  or
  sources  of supply. But no such college shall ever have power to take or
  use water from any of the lands of this state, or any  land,  reservoir,
  or  feeders,  or  any streams which have been taken by the state for the
  purpose  of  supplying  the  canals  with  water.  The  consent  of   an
  incorporated  village  or city must be obtained to lay any such pipes in
  or through its streets, and such consent  may  be  accompanied  by  such
  reasonable conditions or restrictions as are proper.
3.  Such  college  may  cause  such  examinations  and surveys for its
  proposed water-works to be made as may be  necessary  to  determine  the
  proper  location  thereof, and for such purpose, by its officers, agents
  and servants, may enter upon any lands or waters in the vicinity for the
  purpose of making such examinations and surveys,  subject  to  liability
  for all damage done. When surveys or examinations are made or concluded,
  a  map  shall  be  made of the lands or interests to be taken or entered
  upon, and on which the land or interest of each owner or occupant  shall
  be  designated, and all streets and roads in which it is proposed to lay
  conduit pipes, with the proposed line thereof, which map shall be  dated
  and  signed by the engineer making the same; and said map shall be filed
  and kept in the college library for examination  and  reference,  and  a
  duplicate  thereof  shall  be filed in the clerk's office in each county
  wherein any of such lands or interests proposed to be taken are located.
  Such examinations and  surveys  may  be  ordered  and  directed  by  the
  president  or  board  of  trustees  of  such  college. A majority of the

  trustees shall determine upon the construction of such  water-works  and
  the  plans  thereof,  and  order  contracts  therefor to be made by such
  officers of the college as may be designated.
4.  If  any  such  college shall be unable to agree upon such terms of
  purchase of any such property, right or easements, before or after plans
  shall be determined upon, it may, after such plans  have  been  adopted,
  acquire  the  same  by  condemnation, according to the provisions of the
  eminent domain procedure law.
5. When any such college has constructed and completed water-works, as
  above provided, it may, by a majority of its  trustees,  determine  upon
  and  construct  a  sewer  system; it may connect the same with the sewer
  system of the village, city or town sewer districts thereof in  or  near
  which  said  college  is  situated, if such connection is practicable. A
  college, with the approval of its trustees, may allow its  sewer  system
  to  serve  as  an  interconnection  between  separate  sewer  systems of
  villages, cities or town sewer districts when and so long as such use of
  the sewer system of the college does not interfere with or limit the use
  of that sewer system by the college. The  college  shall  not  lose  its
  exemption  from taxation by reason of such connection or interconnection
  of its sewer system and the college shall not be deemed to be exercising
  a public or corporate franchise within  the  meaning  of  the  tax  law.
  Examination,  surveys and a map may be made as above provided. Lands and
  easements may be acquired by purchase, as above provided,  and  in  case
  such  acquisition  can not be made by purchase then they may be acquired
  by condemnation, according to the provisions of the condemnation law.