2023 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; and
7. 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; and
8.    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.