2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 17 - Water Power › 15-1705 - Licenses; Approval by the Governor.

§ 15-1705. Licenses; approval by the Governor.
1.  The  department,  subject  to  the  provisions of title 17 of this
  article, may upon application issue to any person or public  corporation
  heretofore  or  hereafter  authorized  to  develop, use, furnish or sell
  power in this state or to  a  municipality  of  the  state  having  such
  authority,  a  license  authorizing  the  diversion and use for power or
  other purposes of any of the waters of the state in which the state  has
  a  proprietary  right  or  interest,  or  the  bed of which, or the real
  property required for use of such waters or the right to  develop  water
  power,  is vested in the state; or of boundary waters of the state where
  the state has jurisdiction over the diversion or interference  with  the
  flow  of  the same solely or concurrently with any other jurisdiction or
  owner of a proprietary right; or to any such applicant when the owner of
  any water power site or sites which it uses or proposes to use  for  the
  production, sale and distribution of heat, light or power to the public;
  and  subject  to the property right of others including riparian rights,
  authorizing the construction, maintenance and operation  in,  across  or
  along  any  of such lands and waters of such dams, reservoirs, diverting
  canals or races, water conduits, power houses,  transmission  lines  and
  other  project  works  as  are  deemed  necessary  or convenient for the
  development, transmission and utilization of the developable  power  and
  authorizing  in connection therewith the use of dams or other structures
  or contiguous or adjacent lands belonging to the state. When  any  water
  power  site or property necessary to the full development of such a site
  is owned by the state, or water, the use of which is dependent upon  the
  consent  of the state, is not, in the opinion of the department suitable
  or necessary for the development of power for public use, a license  may
  be  issued  to a person or public corporation for private use under like
  conditions and with the same restrictions.
2. Whenever the use of water or the erection  of  structures  under  a
  license  may  affect  the  navigable waters over which the United States
  shall have lawfully assumed jurisdiction  for  purposes  of  navigation,
  such  license  shall  not  be  issued  until  the plans for such use and
  structures  have  been  submitted  to  and  approved  by   the   federal
  authorities  as  required  by law and any licenses shall be at all times
  subject to the lawful exercise of  such  jurisdiction  over  the  waters
  affected by the license for the purposes of navigation.
3.  Whenever  canal lands, structures or surplus canal or canal feeder
  waters are covered by the license, the license shall  not  issue  unless
  the  Commissioner  of  Transportation  certifies  to  the  department in
  writing that the same are not necessary for the navigation or  operation
  of  the  canals  and  shall not become effective until endorsed with his
  approval. Any licensee in the use of such license, structures  or  water
  shall  be  at all times subject to such reasonable rules and regulations
  as the Commissioner of Transportation shall from time to time  prescribe
  so  that the use thereof by the licensee shall not impair the efficiency
  of the canals and such use shall at all  times  be  subordinate  to  the
  needs of the canals.
4.  Notwithstanding  any  provision  of  title  17 of this article, no
  license issued by the department pursuant to the provisions of title  17
  of  this  article  shall be effective unless and until it is approved in
  writing by the Governor and such approval is signed by him  and  affixed
  thereto; and notwithstanding any provision of title 17 of this article a
  modification  of  such  license shall not be effective until approved by
  the Governor in like manner.