2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 15 - Water Supply › 15-1501 - Water Withdrawals; Permit.

§ 15-1501.  Water withdrawals; permit.
1.  Except  as  otherwise  provided  in  this  title, no person who is
  engaged in, or  proposing  to  engage  in,  the  operation  of  a  water
  withdrawal  system  with  a  capacity  of  greater  than or equal to the
  threshold volume, shall have any power to do the  following  until  such
  person  has  first  obtained  a  permit  or permit modification from the
  department pursuant to this title:
a. To make a water withdrawal from an existing or  new  source  or  an
  increased water withdrawal from an existing permitted source;
b. To take or condemn lands for the protection of any existing sources
  of  public water supply; or for the development or protection of any new
  or additional sources of public water supply;
c. To commence or undertake the construction of any works or  projects
  in connection with the proposed withdrawal; or
d.  To  extend  its  supply  or  distribution mains into any new water
  service area or extension that has not been approved by  the  department
  or a predecessor commission; or
e.  To  make  a  significant  change in the principal use of the water
  withdrawal  system  from  that  specified  in  the  permit,  or   permit
  application.
2.  All  valid public water supply permits and approvals issued by the
  department or its predecessors shall remain in full force and effect for
  the purpose of satisfying the permit requirements of subdivision one  of
  this  section  for  existing  water  withdrawals from a source and in an
  amount authorized by such  permit  or  approval.  Until  the  department
  promulgates  regulations  pursuant  to subdivision four of this section,
  nothing contained in subdivision one of this section concerning  permits
  from  the department shall be applicable to water withdrawals other than
  for a public water supply system.
3. Nothing  contained  in  this  title  concerning  permits  from  the
  department  for  water  withdrawals  shall  be  deemed  to  nullify  the
  requirements of the State Sanitary Code  applicable  to  drinking  water
  supplies,  including  public water systems and bottled water facilities,
  in effect on February 15, 2012, as may be amended from time to time.  No
  supplier of water shall make, install or construct, or allow to be made,
  installed  or  constructed, a public water supply system or any addition
  or deletion to or modification of a public water supply system until the
  plans and specifications therefor have been submitted to and approved by
  the commissioner of health or his or her designee as may be required  by
  the state sanitary code.
4.   The  department  shall  promulgate  regulations  to  implement  a
  permitting program for water withdrawals equal to or  greater  than  the
  threshold  volume consistent with the requirements of this section which
  shall  establish:  (a)  minimum  standards   for   operation   and   new
  construction  of water withdrawal systems; (b) monitoring, reporting and
  recordkeeping requirements; and (c) protections for present  and  future
  needs  for  sources  of  potable  water  supply.  Such  regulations  may
  establish quantitative standards that maintain stream  flows  protective
  of  aquatic  life, consistent with the policy objectives of this article
  and  any  other  conditions,  limitations  and  restrictions  that   the
  department,  in  consultation  with the department of health, determines
  are necessary to protect the environment and the public  health,  safety
  and  welfare  and  to  ensure the proper management of the waters of the
  state.  The  regulations  may  establish  exemptions   from   permitting
  requirements in addition to those exemptions specified in this section.
5.  The  department is authorized to consolidate existing water supply
  permits for a public water  supply  system  into  one  permit,  and  may
  require   submission  of  an  application  for  such  permit  where  the

  department determines that such actions are  necessary  to  protect  the
  environment  and the public health, safety and welfare and to ensure the
  proper management of the waters of the state.
6.  Each  person who is required under this section to obtain a permit
  shall annually, on a form  prescribed  by  the  department,  report  all
  information  requested  by  the department, including but not limited to
  water usage  and  water  conservation  measures  undertaken  during  the
  reporting  period.  Information  on  water  usage and water conservation
  measures shall be posted on the department's website.
7.  The  following  water  withdrawals  are  exempt  from  the  permit
  requirements  established by this section: (a) withdrawals used for fire
  suppression or public emergency  purposes;  (b)  withdrawals  that  have
  received an approval from a compact basin commission which administers a
  program  governing  water withdrawals; (c) closed loop, standing column,
  or similar non-extractive geothermal heat  pumps;  (d)  withdrawals  for
  which  a  permit has been issued pursuant to the requirements of section
  15-1527  of  this  title;  (e)  existing  withdrawals  for  agricultural
  purposes provided the withdrawal has been registered with the department
  pursuant  to  the  requirements  of  title  sixteen  of  this article or
  reported to  the  department  pursuant  to  the  requirements  of  title
  thirty-three  of  this  article  on  or  before  February fifteenth, two
  thousand twelve; and (f)  withdrawals  at  remediation  sites  conducted
  pursuant  to  a  federal  or  state  court  order  or  federal  or state
  government agency agreement or order.
8. The department shall establish a water conservation and  efficiency
  program  with  the  goals  of (a) ensuring improvement of the waters and
  water dependent natural resources,  (b)  protecting  and  restoring  the
  hydrologic  and  ecosystem integrity of watersheds throughout the state,
  (c) retaining the quantity of  surface  water  and  groundwater  in  the
  state,  (d)  ensuring sustainable use of state waters, and (e) promoting
  the efficiency of use and reducing losses and waste of water.
9.  The  department  shall  issue  an  initial  permit,   subject   to
  appropriate  terms and conditions as required under this article, to any
  person not exempt from the permitting requirements of this section,  for
  the  maximum  water  withdrawal  capacity  reported  to  the  department
  pursuant to the requirements of title sixteen or title  thirty-three  of
  this article on or before February fifteenth, two thousand twelve.