2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 11 - Local and Regional Water Resources Planning and Development › 15-1103 - Petition; Proceedings; Exclusion of Certain Counties.

§ 15-1103. Petition; proceedings; exclusion of certain counties.
1.  Any  county, city, town or village, when duly authorized to do so,
  or any combination thereof, except as provided in subdivision 7  hereof,
  may  submit  to  the  department  a  verified  petition  requesting  the
  department to consider a proposal for a survey and study  of  the  water
  resources of a specified region of which the petitioning municipality is
  a  part, for the purpose of preparing and providing a comprehensive plan
  or plans for the protection, conservation,  development  and  beneficial
  use of such resources. Any such petition, prior to its submission to the
  department,  must  be  approved  by  the county legislative body of each
  county wholly or partly within the specified region. The petition  shall
  set  forth  the  facts  upon which the petitioner or petitioners rely to
  show that it is necessary and  would  be  in  the  public  interest  and
  benefit  to undertake such survey, study and comprehensive planning. The
  petition shall list the persons, public corporations and state  agencies
  engaged  in  receiving, collecting, storing, transmitting, distributing,
  processing or otherwise dealing with water for a public purpose,  within
  the region set forth in the petition, and the names and addresses of the
  clerks  or  other executive officers thereof. There shall be attached to
  the petition a certified copy of  the  resolution,  ordinance  or  other
  evidence of authority authorizing the execution of the petition.
2.  Upon  receipt  of  a  petition,  the  department  with  reasonable
  diligence shall cause public notice to be given that on  a  day  therein
  named  it  will  hold  a public hearing at such place, within the region
  specified in the petition, as  is  designated  in  the  notice  for  the
  purpose  of  hearing all persons, public corporations and state agencies
  in favor of or opposed to the proposal.  Such  public  notice  shall  be
  given by publication as provided in subdivision 1 of section 15-0903.
3. In addition to such public notice, the department shall give notice
  of the time and place of the public hearing in writing, at least fifteen
  days  prior to the date thereof, to the state Departments of Agriculture
  and Markets, Commerce, Health and Transportation,  and  the  State  Soil
  Conservation  Committee;  also to the clerks or other executive officers
  of the  public  corporations  and  state  agencies,  persons  and  other
  agencies as listed in the petition. The department may also give similar
  written  notice  to  any  other person, body or agency it may deem would
  have an interest in or would be affected by any comprehensive  planning.
  Any  public  corporation, acting through any executive office authorized
  to take such action by its governing body or board, may  file  with  the
  department a written request that such public corporation be notified in
  writing of any hearing under title 11 of this article in relation to any
  region  embraced  in  whole  or  in part within any area or areas of the
  state designated by such public  corporation  in  its  written  request.
  After the filing of such request, where any petition shall be filed with
  the  department  setting  forth  any  such  region, but not listing such
  public corporation, the department shall  give  notice  to  such  public
  corporation of any hearing on such petition, in the same manner as if it
  had  been  listed  in  the  petition  pursuant  to subdivision 1 of this
  section. For the purpose of any hearings or proceedings under  title  11
  of  this  article  or  to  review  a  decision in the manner provided by
  article seventy-eight of the Civil Practice Law and  Rules  relating  to
  any region embraced within the area or areas designated in such request,
  any public corporation entitled to notice by reason of having filed such
  request  shall  be  deemed  to  be and shall have all of the rights of a
  party to the same extent as if such public corporation had  been  listed
  in   the   petition  pursuant  to  subdivision  1  of  this  section.  A
  modification or withdrawal of any such  request  may  be  filed  by  any
  public  corporation  in the same manner as an original request. Any such

  modification shall have  the  same  force  and  effect  as  an  original
  request.  Failure  of  the  department  to  give notice pursuant to such
  written request shall not invalidate any proceedings had or action taken
  by the department.
4. 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 proposal. If in the course of  the  hearing,
  it  shall  appear  to  the  department  that the region specified in the
  petition should be enlarged in order to undertake a  more  comprehensive
  and  beneficial study, survey and planning, the department shall adjourn
  the hearing a sufficient period of time in order to obtain the  approval
  of  the  county  legislative body or bodies of the county or counties in
  which  the  additional  area  is  located  for  the  inclusion  of  such
  additional  area  in  the  proposal.  If  such  approval  is  given, the
  department shall give, within the additional area,  similar  public  and
  written  notice,  and  shall  give  similar  written  notice  to  public
  corporations which have filed requests, and in like manner, as  provided
  by  subdivisions 2 and 3 of this section, of the time and place fixed by
  the department for the resumption of the  public  hearing.  The  hearing
  shall  resume  and  proceed  at such time and place as if the additional
  area had been included in the petition as part of the region.
5. Within thirty days after the taking of testimony  and  proofs,  any
  person, public corporation or state agency, who or which has appeared at
  the  hearing,  may  file  with  the department written objections to the
  proposal or parts thereof as petitioned for  or  as  enlarged  as  above
  provided.  Such  objections  shall  specify the grounds and reasons upon
  which they are made. Briefs in support  of  and  in  opposition  to  the
  proposal  may  be  filed  with the department within the same thirty day
  period. Upon expiration of the  period,  the  hearing  shall  be  deemed
  closed,  unless  the  department  determines  that the hearing should be
  reopened for the taking of further testimony or other proof.
6. Thereafter and with all  convenient  speed,  the  department  shall
  render  its  decision,  determining  if  it  is  or is not in the public
  interest or benefit to undertake the proposal. If the proposal is  found
  to  be in the public interest or benefit, the department shall determine
  the region of the  state  to  be  included  in  the  study,  survey  and
  comprehensive  planning,  the  minimum  number  of specific purposes for
  which the planning should be undertaken, the extent of the study, survey
  and planning involved and an approximate estimate of  the  cost  of  the
  study and survey.
7.   Following  this  determination  by  the  department,  and  before
  proceeding thereon, the petitioner  for  the  survey  and  study  decide
  within  six  months  after  the  date  of the department's determination
  whether to proceed with the survey and study or to withdraw its  request
  therefor.  Notice  of  its  decision  shall  be  given  promptly  to the
  department. The department may grant  one  or  more  extensions  of  six
  months each to the petitioner to make its decision.
8.  The  area  of the state within the corporate limits of the city of
  New York shall not be included, in whole  or  in  part,  in  any  region
  proposed  by  a  petition,  or  as  enlarged  or  as  determined  by the
  department under this section, which region includes in whole or in part
  the counties of Nassau or Suffolk, or either of them.