2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 17 - Water Power › 15-1703 - Definitions.

§ 15-1703. Definitions.
When  used  in  title  17  of  this article unless otherwise expressly
  stated or unless the context or subject matter otherwise requires:
1. "Licensee" means a person or public corporation holding  a  license
  issued  pursuant  to title 17 of this article, his successor in interest
  or assign;
2. "Stream" means a river or other stream and its tributaries;
3. "Water  power  site"  means  the  real  property  including  rights
  appurtenant  thereto or which may become appurtenant thereto which, when
  a water power is developed, is necessary or useful for the construction,
  maintenance and operation of a plant for the use of a fall of water  for
  the generation of power;
4.  "Developed  water  power  site"  is a "water power site" where the
  development  is  used  or  usable  in  its  present  condition  for  the
  generation  of  power  or  where the works of such development are being
  constructed or are in course of repair;
5. "Surplus canal waters" means such waters flowing in canal  feeders,
  artificial  canals  or  the  canalized  streams  of the state, as in the
  judgment of the Commissioner of Transportation, are  not  necessary  for
  any canal uses or purposes;
6.  "Project"  means  a  complete unit of improvements or development,
  consisting of a power plant, all water conduits, or dams and appurtenant
  works and structures which are a part of such  unit,  and  all  storage,
  diverting or forebay reservoirs connected therewith, the primary line or
  lines  transmitting  power  therefrom  to the point of junction with the
  distribution system, all miscellaneous structures  used  and  useful  in
  connection  with such unit or part thereof, and all water rights, rights
  of ways, ditches, dams, reservoirs, lands or interest in lands, the  use
  and  occupancy  of which are necessary or appropriate in the maintenance
  and operation of such unit;
7. "Project works" means physical structures of a "project;"
8. "Reconstruction cost" of a project or of any part thereof means the
  actual and reasonable original cost to the  licensee  of  the  lands  or
  interests  in the lands of such project or such part, less depreciation,
  if any, plus the cost of reproducing the ways, means and  works  thereon
  less  the  depreciation  of such ways, means or works, including in such
  costs a reasonable allowance for organization and development  expenses,
  but  excluding  therefrom  any allowance for the value of the license or
  any contract, lease or franchise, or value as a going concern, or future
  profits  in  pending  or  existing  contracts  or  prospective  profits,
  revenues, dividends or any other intangible element;
9. "Real property", without words of limitation, includes all uplands,
  lands  under  water,  waters  of any lake, pond or stream, all water and
  riparian  rights  or  privileges,  all  dams,  races,  sluiceways,   and
  machinery  connected therewith, and all land, water and rights necessary
  to carry out any project or development provided for by title 17 of this
  article, including the right to divert running water of  any  stream  or
  streams,  and  lands necessary for such diversion, and all easements and
  incorporeal hereditaments, and every estate, interest and  right,  legal
  or  equitable  in land and water, including terms for years and liens on
  real property as above defined and all real property as  above  defined,
  acquired and used for railroad, highway and other public purposes in any
  county containing a part of the forest preserve as now constituted.
10.  For other definitions, also applicable in this title, see section
  15-0107.