reglab/statecodes huggingface dataset:
2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 19 - Drainage › 15-1949 - Removal of Beaver.

§ 15-1949. Removal of beaver.
In the event that any drainage improvement district is inhabited by or
  is  invaded  by beaver and the work of those animals interferes with the
  proper operation of the drainage system, the commissioner may cause such
  beaver to be removed or destroyed as he shall determine.
2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 19 - Drainage › 15-1951 - Financing of Improvements.

§ 15-1951. Financing of improvements.
1.  For  defraying  the costs of all proceedings, surveys, studies and
  construction projects authorized by any section  of  title  19  of  this
  article,  the  department  may raise funds pursuant to the Local Finance
  Law. Such funds may not be borrowed unless the  proceedings  authorizing
  such expenditures have become final.
2.  In  addition  the  department  is  authorized  in  the name of the
  district to apply for, receive and expend funds or services which may be
  granted or contributed for the purpose  by  the  federal  government  or
  other  public  authorities  or  by  private  persons  or  organizations.
  Obligations issued for such purpose shall not be construed in any  event
  as  obligations or indebtedness of the state, and neither the state, the
  department or any member thereof personally shall be  obligated  to  pay
  the  principal or interest therefor. Bonds issued for such purpose shall
  be lawful investments for savings banks, trust companies, executors  and
  trustees  and  for  any  of  the  funds of the state which by law may be
  invested.
3. The proceeds of such bonds shall be  deposited  in  a  national  or
  state  bank  or trust company either in Albany or in one of the counties
  in which such improvement is made, to be designated by the  Comptroller.
  Before  any such deposit is made, the Comptroller shall require from the
  depository security for the repayment of the same to the department upon
  demand of the moneys so deposited in the manner provided in section  106
  of the State Finance Law.
2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 19 - Drainage › 15-1953 - Drainage Improvement District Fund.

§ 15-1953. Drainage improvement district fund.
Moneys received under the provisions of title 19 of this article shall
  constitute a fund to be known as the drainage improvement district fund,
  and  the  portion  thereof  applicable  to  each  improvement  shall  be
  separately kept by the Comptroller, and the  Comptroller  is  authorized
  and  directed  to  pay  therefrom  the  principal  and  interest of such
  obligations as the same mature and become payable by the terms  thereof,
  and  the  costs  and  expenses  of  such improvement and the maintenance
  thereof upon the order of  the  department  or  the  authorized  officer
  thereof.
2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 19 - Drainage › 15-1957 - Drainage Fund.

§ 15-1957. Drainage fund.
1.  The  Comptroller  shall designate a depository or depositories for
  receiving all moneys provided for  the  repair  or  enlargement  of  the
  ditches  or channels specified in section 15-1945. The fund thus created
  shall be known as "the drainage fund." Before any such deposit shall  be
  received  by any such depository, such depository shall execute and file
  with the Comptroller a bond in such penal sum, with  such  sureties  and
  upon such conditions as shall be approved by the Comptroller.
2.  The  department  is hereby authorized and empowered to enlarge and
  repair such  ditches  or  channels  in  accordance  with  the  procedure
  prescribed  by  that  section  and  to  pay  the  costs thereof from the
  drainage fund herein created. All moneys received  pursuant  to  section
  15-1945  shall  be  deposited  by  the comptroller to the credit of such
  drainage fund. At the time of any such  deposit,  the  department  shall
  send  to  the  Comptroller  an  original  duplicate of the deposit slip,
  together with a statement of the amount and by whom paid. The moneys  of
  the  drainage  fund shall be paid out by the Comptroller on the order of
  the department or the authorized officer thereof.
3. The drainage fund may also be used to defray the costs of  surveys,
  determination of enhancements, apportionment of costs or similar matters
  in a district or for maintenance of ditches and minor repairs thereto in
  a  district in lieu of raising the necessary funds pursuant to the Local
  Finance Law, provided, however, that no such proceeding or project shall
  cost more than five thousand dollars. Any moneys so advanced  from  this
  fund  shall  be  repaid  to  it  by  the Comptroller as soon as they are
  collected and paid to him by the county treasurer.
2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 19 - Drainage › 15-1959 - Corrections and Revisions of Assessments, Determinations of Drainage Enhancements and Apportionment of Costs.

§ 15-1959. Corrections  and  revisions of assessments, determinations of
drainage enhancements and apportionment of costs.
1. In the  event  that  obvious  errors  or  discrepancies  should  be
  discovered  in any assessment, determination of drainage enhancements or
  general or special apportionments of cost, the  department  may  correct
  the same by filing corrected copies of the statement of such assessment,
  determination or apportionments and following the procedure specified in
  title 19 of this article.
2.  Should  such  corrections  be made, the county legislative body is
  empowered to levy additional sums  on  or  to  give  credit  to  certain
  parcels  to  the end that the amount collected from each parcel shall be
  what it should have  been  had  an  error  not  been  made.  The  county
  legislative  body  is  also  empowered to apply to the department for an
  adjustment of assessments among the various parts into which an original
  parcel may have subdivided.
3. The department shall file and record its findings in such cases  as
  amendments  to  the  original  or  corrected assessments, and shall give
  notice to the parties affected, but need hold no hearing thereon  unless
  such  hearing  be  demanded  by  a  party affected within ten days after
  notice is given.
4.  None  of  the  above  proceedings  shall  be  held  to  reopen   a
  determination  of enhancements or an apportionment of cost, except as to
  the particular matter involved. Should the department at any  time  find
  that  a  former  assessment, determination or apportionment appears with
  the lapse of time or in the light of new  knowledge  and  experience  to
  have  become inequitable, it may so declare by written order and proceed
  to review the whole matter by following the full procedure laid down  in
  whichever  one  of  the  following  sections  is appropriate:   15-1919,
  15-1925, 15-1937 or 15-1939.
2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 19 - Drainage › 15-1961 - Drainage District With Federal Aid.

§ 15-1961. Drainage district with federal aid.
1. In the event that any agency of the government of the United States
  shall be willing to perform, direct or finance any work for the drainage
  and  reclamation  of  any  swamp,  bog, pond, meadow or other low or wet
  lands in the state in such manner that the greater part of the  cost  of
  such  work  shall  be paid by such government, the department shall have
  power to form a drainage improvement district including the lands so  to
  be drained and improved by following the procedure set forth in sections
  15-1963 to 15-1967 inclusive, hereinafter referred to as the federal aid
  sections,  in  lieu of the procedure specified in the preceding sections
  of title 19 of this article.
2. It is the intent of these federal aid sections  to  facilitate  the
  carrying  out  of  such  projects  by  permitting  changes in the normal
  sequence of doing the various acts specified in the preceding  sections,
  but,  except  as  specifically  authorized, not to permit changes in the
  manner of doing each act or in the  conditions  on  which  such  act  is
  based.
2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 19 - Drainage › 15-1963 - Formation of District With Federal Aid.

§ 15-1963. Formation of district with federal aid.
1.  The department may proceed of its own motion to form such district
  and to authorize the proposed work as though petitions therefor had been
  filed as provided in sections 15-1911 and 15-1913  or  15-1931.  It  may
  negotiate   with   the  federal  government,  investigate  the  proposed
  district, study such plans of and reports on the proposed improvement as
  it may find to be available and shall prepare a written  report  thereon
  describing the proposed district, the proposed work, the fixation of the
  district  boundaries,  giving estimates of the cost of the various parts
  of the work which may be a charge against  the  state  or  the  property
  owners in the district and including a determination of enhancements and
  an  apportionment of costs of such a project. Such report shall be filed
  and notice of such filing and of a hearing thereon given as provided  in
  sections 15-0903, 15-1913 and 15-1931.
2.  After  the final hearing the department shall determine whether it
  is to the public interest to form the district and to proceed  with  the
  work  and, in general terms, what lands will be benefited thereby. These
  matters shall be embodied in a written order, which shall, if the action
  is favorable, form the district, authorize entry  into  agreements  with
  agencies  of the federal government and the doing of whatever is needful
  to carry out the project, all as elsewhere specified in title 19 of this
  article.  Certified copies of the determination and order shall be filed
  and notice of such filing given. Thereupon  such  determination  may  be
  reviewed as provided by section 15-0905, except that the proceedings for
  such  review  must  be  initiated  not  later  than  ten days after such
  filings; otherwise such determination  shall  be  considered  final  and
  conclusive and in due course it shall be recorded. The district shall be
  held  to  have  been  formed  on  the date of such final order, but such
  formation shall not be  effective  until  such  order  shall  have  been
  recorded.
2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 19 - Drainage › 15-1965 - Construction Project.

§ 15-1965. Construction project.
As  soon  as  the  formation  of  the  district becomes effective, the
  department shall have full power  to  enter  into  agreements  with  the
  proper  officials  of the federal government or of other agencies of the
  state, to acquire or appropriate lands and rights  in  lands,  including
  sites  for  camps and appurtenant facilities, access roads, borrow pits,
  quarries, spoil banks and all other necessary  and  proper  matters,  to
  incur  contractual  obligations,  to purchase supplies and materials, to
  employ the necessary personnel and generally to do whatever is necessary
  to carry out the proposed project or projects.
2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 19 - Drainage › 15-1967 - Changes in Project.

§ 15-1967. Changes in project.
After  such  district  is  formed  and  the  original  federal project
  authorized, major changes in such project, additional  federal  projects
  or  changes in district boundaries necessitated by such federal projects
  may be authorized or made by following the  pertinent  portions  of  the
  procedure in sections 15-1963 and 15-1965.
2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 19 - Drainage › 15-1969 - Continuation of District.

§ 15-1969. Continuation of district.
Except  for  such  projects  as  may  be  carried  out  by the federal
  government, any district formed under the provisions of section  15-1963
  shall  thereafter continue as a drainage improvement district, as though
  formed under the provisions of section 15-1915.
2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 19 - Drainage › 15-1971 - Transfer of Property and Discontinuance of District.

§ 15-1971. Transfer of property and discontinuance of district.
Whenever  a  drainage  improvement  district  created pursuant to this
  article and lying wholly within  a  county  small  watershed  protection
  district  established  pursuant  to article 5-D of the County Law has no
  outstanding debts, liabilities and obligations, the  department  as  the
  governing  body  of such drainage improvement district, if it determines
  after public hearing that the public interest would be  served  thereby,
  is  hereby  authorized to convey, upon such terms and conditions and for
  such consideration as it may deem adequate, if any, all or any  part  of
  the  real  estate or an easement or easements therein, or other property
  of such drainage improvement district to  such  county  small  watershed
  protection  district.  Whenever  all  of  the  real  property  and other
  property is conveyed as authorized  herein,  such  drainage  improvement
  district  and  the drainage improvement association within such district
  shall immediately cease to exist, and any and all functions, powers  and
  duties  previously  possessed, performed and exercised by either of them
  shall be terminated.
2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 19 - Drainage › 15-1973 - Drainage Section Association; Definitions.

§ 15-1973. Drainage section association; definitions.
The  following  words  and  phrases,  unless  otherwise specified, are
  defined as follows:
1. A "drainage section" shall mean an area, of drainable  acreage,  as
  described  in articles of association which have been filed and recorded
  as authorized by section 15-1975.
2. "Drainable acreage" shall mean that part of an owner's swamp,  bog,
  pond,  meadow  or  other  low  or  wet agricultural lands, which will be
  drained by a drainage system as authorized by this title 19 to  increase
  its  productivity or otherwise render it more available for agricultural
  purposes, or in order to benefit the public health, safety and welfare.
3. "Aggregate  drainable  acreage"  shall  mean  the  total  drainable
  acreage  owned  by  all  owners  who  execute  articles  of  association
  authorized by this title 19.
4. "Owner" shall mean a  person  other  than  a  municipal  or  public
  corporation,  who  or which is the owner in fee of drainable acreage and
  who or which executes the articles of association.
2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 19 - Drainage › 15-1975 - Drainage Section Association; Creation.

§ 15-1975. Drainage section association; creation.
Three  or more owners of drainable acreage may form a drainage section
  association by  executing  and  recording  articles  of  association  as
  hereinafter provided.
2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 19 - Drainage › 15-1979 - First Annual Meeting; Members; Officers; By-Laws.

§ 15-1979. First annual meeting; members; officers; by-laws.
1.  Upon  filing  and  recording, the articles of association shall be
  deemed to be in effect and  the  drainage  section  association  created
  thereby  shall  have  the  power  and  authority  and  shall  assume the
  liabilities conferred and imposed by  title  19  of  this  article.  The
  temporary  secretary  shall  notify all members by mail of the time, not
  more than ten days after such filing and recording, and of the place  of
  the  first  annual  meeting  of the association, at which time permanent
  officers shall be elected for the coming year.
2. The original membership of the association  shall  consist  of  the
  signers  of  the  articles of association. Membership shall cease when a
  member dies or when he divests himself of the entire  drainable  acreage
  owned  by  him.  Grantees,  devisees  and heirs of the fee of a member's
  entire drainable acreage shall be members and entitled to all the rights
  of membership, and they shall be bound by the articles  of  association.
  Grantees,  devisees  and  heirs  of  the  fee  of  a  part of a member's
  drainable acreage shall be members, shall be entitled to all the  rights
  of  membership,  shall be bound by the articles of association and shall
  be liable in the proportion that such granted, devised or inherited part
  bears to the total of the drainable acreage of the member from whom they
  have taken title.
3. The officers of the association shall be members thereof and  shall
  consist  of  a president, vice-president, and secretary-treasurer. If an
  officer's membership in the association shall terminate, the association
  shall call a special meeting to elect his successor for the remainder of
  the term for which he was elected. The term of office  of  all  officers
  shall be one year.
4.  The  association  shall adopt at the first annual meeting by-laws,
  not inconsistent with law or  with  the  articles  of  association.  The
  by-laws  shall  fix  the  time  and  place of future annual meetings and
  regular meetings of the association and shall provide  for  the  calling
  and  holding  of  special meetings; shall provide the number of members,
  not less than one-third, to constitute a quorum at its  meetings;  shall
  provide  the  method  of  conduct of elections of its officers at annual
  meetings; shall provide the form of notice, in writing, to be  given  to
  all  members  of  the  amount  of assessment due to pay the debts of the
  association, and to  pay  all  costs,  expenses,  fees  and  damages  as
  provided  in  the  articles  of  association;  and  may  provide for the
  imposition and collection of  annual  dues  and  for  any  other  matter
  necessary to carry out the conduct of the affairs of the association.
2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 21 - River Regulation by Storage Reservoirs › 15-2107 - General Duties.

§ 15-2107. General duties.
1.  Upon  its  organization  the  board  may  prepare  a  plan for the
  regulation of the flow of the river or rivers in its district. Such plan
  shall show the available and feasibile reservoir sites on such river  or
  rivers, whether any reservoir now existing can be and should be enlarged
  and to what extent, the approximate number of acres of land flowed or to
  be  flowed  by  each reservoir, whether any of such land is owned by the
  state and if any, how many acres, the number of acres  of  private  land
  required,  together  with  the estimated value of the land, and how many
  acres, if any, of such land are lands of the  state  within  the  forest
  preserve.  Such  acreage shall include such quantity of land surrounding
  the reservoir to be created or enlarged as would in the judgment of  the
  board  be required for the protection, maintenance and operation of such
  reservoir. The plan shall be accompanied  by  such  maps,  profiles  and
  other  data  and  descriptions as may be necessary to set forth properly
  the location and character of the work and of the property to  be  taken
  or  damaged,  and  by  estimates of cost of each such reservoir. In case
  maps, plans and specifications for any such reservoir  at  or  near  the
  site  thereof,  are on file in the office of the department, and in case
  any records in any other department of the state government would be  an
  aid  in  the  preparation of such plans, these shall be available to the
  board for such purpose.
2. Upon the completion of such plan if the board approves of such plan
  it shall certify  it  to  the  department  for  its  approval,  and  the
  department  within forty days thereafter may approve the same, or modify
  it and approve it as so modified. As so approved by  the  department  it
  shall  be known as the "official plan" for the regulation of the flow of
  the river or rivers of the district. Copies thereof shall  be  filed  in
  the  offices  of  the  board, the department, and of the county clerk of
  each county wholly or partly within the  district.  Such  plan  in  like
  manner  may  be altered from time to time provided such alteration shall
  not affect any assessment already made.
2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 21 - River Regulation by Storage Reservoirs › 15-2115 - Taxation of Real Estate.

§ 15-2115. Taxation of real estate.
Lands  owned  by  the state and acquired pursuant to the provisions of
  title 21 of this article, exclusive of the improvements erected  thereon
  by  the  regulating  districts,  shall be assessed and taxed in the same
  manner as state lands subject to taxation pursuant to title 2 of article
  5 of the Real Property Tax Law, provided, however,  that  the  aggregate
  assessed valuations of such lands in any town shall not be reduced below
  the  aggregate assessed valuations thereof with the improvements thereon
  at the time of  their  acquisition  by  the  regulating  districts,  and
  provided  further  that  in case of a general increase in assessments in
  any town the assessed valuations of the lands and  improvements  at  the
  time of their acquisition by the regulating districts shall be deemed to
  have  been  increased  proportionately  with  the increase of other real
  property in such tax district.
2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 21 - River Regulation by Storage Reservoirs › 15-2125 - Operation and Maintenance Charges.

§ 15-2125. Operation and maintenance charges.
1. The board shall make an estimate of an amount sufficient to pay the
  expense of the maintenance and operation of the works erected hereunder,
  including  interest  on  temporary  certificates  of indebtedness issued
  prior to the effective date of the Local Finance Law. If  lands  in  the
  forest  preserve have been used, such estimate shall include in addition
  a reasonable return to the state  upon  the  value  of  the  rights  and
  property  of  the  state  used and the services of the state rendered. A
  reasonable return to the state upon the value of the rights and property
  of the state used shall mean six per cent upon the value  of  the  lands
  flowed,  exclusive  of  merchantable  timber  and  salable  wood removed
  therefrom for which the state  shall  have  been  paid  as  provided  by
  subdivision  8  of  section 15-2119 hereof. The value of the services of
  the state rendered shall be construed to mean the actual cost thereof.
2. Any amount so estimated shall be the estimated amount required  for
  such  purposes  each  year,  and  when  fixed  and  determined as herein
  provided shall be the amount thereof for a period of  three  years.  The
  amount  shall  be  readjustable  at  the end of any three-year term. The
  amount less any part thereof to be paid by the state shall be the amount
  to be annually collected for such purposes,  and  shall  be  apportioned
  upon  the public corporations and real estate benefited according to the
  benefits derived therefrom respectively, and shall be  levied,  assessed
  and  collected  in  the  same  manner  as  the  cost and expenses of the
  reservoir are herein provided to be levied, assessed and collected.
3. Such estimates and determinations as from time to  time  fixed  and
  determined  by  the  board  may  upon  application of any party affected
  thereby be reviewed in the manner provided by article  seventy-eight  of
  the  Civil  Practice  Law and Rules by the Supreme Court of the judicial
  district in which the reservoir is located. Upon  the  hearing  on  such
  application  for  review,  the  court shall take the testimony and other
  proofs of the parties and may  make  an  order  affirming,  vacating  or
  modifying any such estimate and determination.
2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 21 - River Regulation by Storage Reservoirs › 15-2127 - Error in Names.

§ 15-2127. Error in names.
No  error  in  the  names  of  the  owners  of  real estate, or in the
  descriptions thereof, shall invalidate such apportionment or the levying
  of assessments or taxes based thereon if sufficient description is given
  to identify such real estate, and the owners thereof.
2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 21 - River Regulation by Storage Reservoirs › 15-2131 - Reports.

§ 15-2131. Reports.
1.  The board of any river regulating district created hereunder shall
  annually, as of such date as the department may provide, submit to it  a
  written report, which shall contain:
a.  An exhibit of the personnel of the board, and all of the employees
  and persons connected with the board;
b. A financial statement, showing fully and clearly  the  finances  of
  the  district, the amounts and dates of maturity of all bonds, notes and
  certificates of indebtedness, the amounts of money  received,  and  from
  what sources, and amounts of money paid and purposes for which same were
  paid;
c.  A  statement of any petitions received by the board and the action
  taken thereon;
d. A descriptive statement of the work done during the previous  year;
  and
e.  A statement of the condition of reservoirs and the results secured
  by the operation thereof in each case.
2. In addition to the matters outlined above the board shall report to
  the department such other  matters  as  it  shall  deem  proper  or  the
  department shall require.
2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 21 - River Regulation by Storage Reservoirs › 15-2133 - Operation of Reservoirs.

§ 15-2133. Operation of reservoirs.
1.  The  board shall not permit the water in any reservoir constructed
  under the provisions of title 21 of this article to rise above the  high
  flow  line  thereof,  except  during floods or other emergencies, and if
  during floods or other emergencies the water shall rise above such  high
  flow  line  the  board  shall  immediately open the outlet gates in such
  reservoir and take such other action as may be necessary  to  lower  the
  water to the high flow line of such reservoir with the least practicable
  delay.  The  board  shall  keep  an accurate and, so far as practicable,
  continuous record of the height of water in  each  reservoir  and  shall
  install  and  maintain  at suitable places such gauges or instruments as
  may be necessary therefor.
2. Except for absolutely necessary inspection or repairs, no reservoir
  shall at any time be drawn off below the  low  flow  line,  or  to  such
  extent   as   to  expose  isolated  pools  which  may  cause  unsanitary
  conditions, unless due provision is made for draining  such  pools  into
  the  lowest  water level of such reservoir. It shall be unlawful for any
  officer or person in charge of any reservoir to neglect  the  provisions
  of this section.
3. It shall be unlawful for any person to open or close or cause to be
  opened  or closed a gate or gates in any dam constructed pursuant to the
  provisions of this title without the consent of the  board  or  for  any
  person  to  interfere  in  any  way  with  the operation of, or injure a
  regulating reservoir.
4. When the flow of a river at any water  power  plant  thereon  falls
  below  the  average  normal  flow  thereof, the then natural flow of the
  river at a reservoir dam thereon shall not  be  restricted  without  the
  consent of the owner of such power plant.
5.  No  regulating  reservoir  shall  be  constructed  pursuant to the
  provisions of title 21 of this article of a  capacity  greater  than  is
  required to maintain the average flow.
6. The expense of maintenance and operation of any existing reservoirs
  shall  be  paid  as  now provided by law until such reservoirs are taken
  over by the board pursuant  to  the  provisions  of  title  21  of  this
  article,  and  thereafter  such expense shall be paid as herein provided
  for the maintenance and operation of reservoirs constructed pursuant  to
  title 21 of this article.
2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 21 - River Regulation by Storage Reservoirs › 15-2135 - Hearings; Hearing Officers; Determinations.

§ 15-2135. Hearings; hearing officers; determinations.
Whenever  the  department  is empowered under the terms of title 21 of
  this article to make a determination it  may  hear  testimony  and  take
  proofs material for its information and may appoint a hearing officer by
  a  written  appointment,  for  that  purpose.  Every  hearing officer so
  appointed shall be authorized to  take  such  testimony  and  hear  such
  proofs  as  may  be  material  to  the inquiry and report the proofs and
  testimony so taken,  with  his  opinion  as  to  the  facts  established
  thereby,  to  the department. The department may make such determination
  from the proofs and testimony taken before it  or  before  such  hearing
  officer  or  from  any other data which shall be satisfactory to it, and
  the expenses of taking such testimony or proofs shall be deemed  a  part
  of the expense of the improvement to which it relates.
2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 21 - River Regulation by Storage Reservoirs › 15-2137 - Hudson River-Black River Regulating District; Old Boards Abolished; New Board Created.

§ 15-2137. Hudson  River-Black  River  Regulating  District;  old boards
abolished; new board created.
1. The Hudson River Regulating District and the Black River Regulating
  District created pursuant to this article are hereby consolidated into a
  single district, to include the areas of both such districts, and to  be
  known as the Hudson River-Black River Regulating District.
2.  Except  as  hereinafter  provided,  the  board of the Hudson River
  Regulating District and the board of the Black River Regulating District
  are hereby abolished, and all of the  jurisdiction,  functions,  powers,
  duties   and  obligations  possessed  or  exercised  by,  or  for  which
  commitments have been made by, such boards, including lands or  property
  acquired, moneys of the boards, and actions taken or determinations made
  by such boards, are hereby transferred to, assigned to and devolved upon
  the Hudson River-Black River Regulating District and its board.
3.  Notwithstanding  any  provision  of  titles  21, 23 and 25 of this
  article, a board of the Hudson River-Black River Regulating District  is
  hereby  created  to  consist  of  seven  members  to be appointed by the
  governor not less than three of whom shall be residents of the territory
  comprising the Black River area and not less than three of whom shall be
  residents of  the  territory  comprising  the  Hudson  River  area.  The
  governor  shall  appoint one member for a term ending September 1, 1960,
  one for a term ending September 1, 1961, one for a term ending September
  1, 1962, one for a term ending September 1, 1963, and  one  for  a  term
  ending  September  1,  1964,  and thereafter, on the expiration of their
  respective terms of office, appointments shall be made for terms of five
  years. The governor shall appoint two additional board members, each  of
  whom shall serve for a term of five years from the effective date of his
  or  her  appointment;  provided,  however,  that the board members first
  appointed on or after the effective date of the chapter of the  laws  of
  two  thousand five which amended this subdivision shall serve an initial
  term of two years from the  effective  date  of  such  appointment.  The
  governor  shall  fill any vacancy on such board within thirty days after
  it occurs for the remainder of the term of office.
2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 21 - River Regulation by Storage Reservoirs › 15-2139 - Hudson River Regulating District and Black River Regulating District: Transfer of Functions; Pending Actions and Proceedings; Interpretation of Docume

§ 15-2139. Hudson  River  Regulating District and Black River Regulating
District:  transfer  of  functions;  pending  actions   and
proceedings;  interpretation  of documents; existing rights
and remedies.
1. Except as hereinafter provided, the contracts, books, maps,  plans,
  papers,   records  and  property  of  whatever  description  within  the
  jurisdiction or  under  the  control  of  the  Hudson  River  Regulating
  District  or  the  Black  River  Regulating  District,  including moneys
  appropriated and available to such districts, pertaining to or  used  in
  connection with the exercise or performance of the functions, powers and
  duties  hereby  transferred  and  assigned,  shall  be  delivered to the
  secretary of the  board  of  the  Hudson  River-Black  River  Regulating
  District, who is hereby authorized to take possession thereof.
2.  For  the  purposes of succession, the functions, powers and duties
  transferred, assigned to, and  devolving  upon  the  Hudson  River-Black
  River  Regulating  District shall be deemed to constitute a continuation
  of such functions, powers and  duties  exercised  by  the  Hudson  River
  Regulating  District  and  the  Black River Regulating District, and the
  acts, orders, rules, regulations and determinations  of  such  districts
  shall  have, and continue with, the same force and effect as though done
  by or made by the Hudson River-Black River Regulating District.
3. Any business or matter heretofore undertaken  or  commenced  by  or
  before   the  Hudson  River  Regulating  District  or  the  Black  River
  Regulating District, or any action or proceeding heretofore  brought  by
  or   against  such  districts,  pertaining  to  or  connected  with  the
  functions, powers and duties hereby  transferred  and  assigned  to  the
  Hudson   River-Black   River   Regulating  District  may  be  conducted,
  completed, prosecuted and defended by and in  the  name  of  the  Hudson
  River-Black   River   Regulating  District.  In  all  such  actions  and
  proceedings the  Hudson  River-Black  River  Regulating  District,  upon
  application to the court, may be substituted as a party.
4.  When  the  Hudson  River  Regulating  District  or the Black River
  Regulating District is referred to or designated in any law, contract or
  document, such reference or designation shall be deemed to refer to  and
  include  the Hudson River-Black River Regulating District so far as such
  law, contract or document pertains  to  matters  which  are  within  its
  jurisdiction  by  reason  of  such transfer and assignment of functions,
  powers and duties.
5. No existing right or remedy of any  character  shall  be  lost,  or
  affected  by  reason  of the provisions of sections 15-2137, 15-2139 and
  15-2141.
2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 21 - River Regulation by Storage Reservoirs › 15-2141 - Hudson River Regulating District and Black River Regulating District: Funds of the Board.

§ 15-2141. Hudson  River  Regulating District and Black River Regulating
District: funds of the board.
1. Notwithstanding the consolidation of the  Hudson  River  Regulating
  District and the Black River Regulating District into a single district,
  effectuated  by  this  title, or any other provision of title 21 of this
  article, moneys constituting the  respective  "general  fund"  or  "debt
  service  fund"  or  other  fund  or  funds  of  either  the Hudson River
  Regulating Board or District or the  Black  River  Regulating  Board  or
  District,  shall  remain  and  be  kept  separate and apart and shall be
  applied for the cost of maintenance and operation in  the  area  of  the
  appropriate  district  and  to  pay  the  debts  and  obligations of the
  appropriate board  or  district,  on  whose  account  such  moneys  were
  received.
2.  Notwithstanding  any  provision of sections 15-2137 and 15-2139 or
  any other provision of title 21 of this article,  all  moneys  hereafter
  received  by  the  Hudson  River-Black River Regulating District and its
  board, as consolidated, by reason of assessments or  from  the  sale  of
  obligations  issued  or  from  other source, all for the purposes of the
  respective areas  heretofore  comprising  the  Hudson  River  Regulating
  District  or the Black River Regulating District, shall be kept separate
  and apart and shall constitute "general funds" and "debt service  funds"
  and  other  fund  or  funds  with  the  same  force  and effect as funds
  heretofore constituted by the Hudson River Regulating Board or  District
  and by the Black River Regulating Board or District and shall be applied
  solely for the cost of maintenance and operation in the respective areas
  from which the moneys were received and to pay the debts and obligations
  accrued  or  as  they  become  due  in  the  areas  where  the debts and
  obligations were incurred, provided, however, that the expenses  of  the
  board,  as  consolidated by this part, and of its officers and employees
  shall  be  paid  from  the  appropriate  "general  funds"  in  the  same
  proportion  as  moneys are annually collected from the respective areas.
  The provisions of section 15-2129, in so far as the same are  applicable
  and  not  inconsistent  herewith,  shall  apply  as  they  relate to the
  "general fund", "debt service fund", and to the fund  or  funds  of  the
  district.
2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 23 - River Improvement › 15-2301 - Legislative Purpose.

§ 15-2301. Legislative purpose.
The  purpose  of  title  23  of this article is to provide a method by
  which a project may be undertaken  to  improve  the  channel,  construct
  dikes  or  regulate  the  flow  of  a  river for the protection of life,
  property and the public health or welfare from damage  by  floods,  such
  work  in  general  to  be  done  at  the  expense  of  the owners of the
  properties and of the political  subdivisions  of  the  state  benefited
  thereby.
2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 23 - River Improvement › 15-2305 - River Improvement Associations.

§ 15-2305. River improvement associations.
There shall be in each river improvement district an association to be
  known by the name of the district, as..................River Improvement
  Association. It shall be the object of this association to represent the
  interests  of  its  members  before  the department and elsewhere and to
  serve as a channel of communication between the members thereof and  the
  department.  Each  public  corporation and each owner of land within the
  district and each lessee of such land shall be a  member  of  and  shall
  have  an  equal  vote in the association. Such association may be formed
  voluntarily as soon as the department has filed its first description of
  the boundaries of the district. As soon as practicable  after  recording
  the  final  order  creating  the  district  the  association, if already
  formed, shall call a meeting of  the  members  of  the  association  and
  perfect  a permanent organization. If no association has been formed the
  department shall call a meeting for  the  purpose  of  forming  such  an
  association and a representative of the department shall preside thereat
  until  a  temporary  chairman  is  elected. Such association shall adopt
  by-laws for the transaction  of  its  business.  The  association  shall
  choose  from  among  its  members  a  president, secretary and executive
  committee and such other officers and  committees  as  the  by-laws  may
  provide.  It  shall  be  the duty of the secretary to keep a list of the
  members and their addresses and to furnish the department with a list of
  such members on request. The association  may  require  the  payment  of
  annual  dues or contributions to the association treasury, the amount of
  such contribution and the manner of collecting the same to be decided by
  the association. The annual meeting of the  association  shall  be  held
  during the month of February in each year, at which meeting the officers
  shall  be elected and the association shall determine what further work,
  if any, it desires during the ensuing year. Immediately after the  close
  of  the  annual meeting the secretary of the association shall submit to
  the department a list of names and addresses of  the  officers  for  the
  year and a petition setting forth the desires of the association.
2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 23 - River Improvement › 15-2309 - Entry Upon Lands, Structures and Waters; Acquisition of Property.

§ 15-2309. Entry  upon  lands,  structures  and  waters;  acquisition of
property.
The department, its members, officers, employees and agents may  enter
  upon any land, structures and waters necessary for the purposes of title
  23 of this article and may determine what rights in and to such property
  are to be acquired therein. If the owner of any property to be taken, or
  on  or over which an easement is to be taken, for such improvement shall
  agree with the department upon the sum to be paid therefor, or  for  the
  right to use and occupy the same, or for any damages sustained, such sum
  shall  be  paid as hereinafter provided as part of the necessary expense
  incurred for the purpose of such improvement. If the  department  cannot
  agree  with  the owners upon the compensation and damages to be paid for
  the property or easement to be so taken the department shall proceed  to
  acquire  title  thereto  under  the  provisions  of  the  eminent domain
  procedure law.  All  real  property  acquired  by  a  river  improvement
  district shall be exempt from taxation.
2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 23 - River Improvement › 15-2313 - Operation, Maintenance, Repair and Extension of River Improvements.

§ 15-2313. Operation,   maintenance,   repair  and  extension  of  river
improvements.
1. The care, operation and maintenance  of  any  works  of  the  river
  improvement  district shall be subject to the control and supervision of
  the department. It shall be the duty of the department to  maintain  any
  works  constructed  by  it  in  serviceable  condition.  To that end the
  department is authorized to  hire  employees,  purchase  or  rent  land,
  buildings,  tools  or machinery, to let work by contract or to carry out
  projects  by  day  labor.  The  procedure  to  be   followed   for   the
  authorization,  financing  and  assessment  of  the cost of such work or
  purchases shall  be  that  specified  in  section  15-2303  except  that
  proceedings  may  be  initiated  by the department of its own motion. In
  cases where a permanent maintenance or operating force is necessary, the
  department may annually prepare a  maintenance  budget  which  shall  be
  treated as a repair project under subdivision 2 below.
2.  Major  repairs,  alterations,  extensions  and improvements in any
  river improvement district may be made by  the  department  on  petition
  therefor  and  after  procedure  thereon  similar  to  that specified in
  section 15-2303 hereof, for original construction. If additional surveys
  are required, they may be authorized and paid for as provided in section
  15-2303 hereof, except that the cost of surveys and other  expenses  may
  be  included  in  the  cost  of  the  improvement  and  assessed  on the
  properties benefited in accordance with the benefits to be derived  from
  such   improvements.   Except   where  the  department  shall  otherwise
  determine, the cost of improvements and repairs on works  already  built
  under  the  provisions of title 23 of this article, shall be assessed in
  the same manner as the original cost was assessed,  but  the  department
  may  make  a  new assessment by following the procedure above specified.
  Any such project for repairs, alterations, extensions  and  improvements
  may be initiated by the department.
2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 23 - River Improvement › 15-2315 - Unlawful Interference With Improvement Works.

§ 15-2315. Unlawful interference with improvement works.
It  shall  be  unlawful  for  any  person  to damage, alter, change or
  interfere with any works constructed under the provisions of title 23 or
  to open or close, or cause to be opened or closed, a gate  or  gates  in
  any  dam  or  dike  or  a  gate in any head race or obstruct any channel
  constructed  under  title  23  so  far  as  the  same  relates  to  such
  improvements,   without   the  consent  of  the  department.  After  the
  improvement of any channel or watercourse has been authorized  it  shall
  be  unlawful  for any person or public authority to construct any dam or
  other structure on the bed of such stream or any bridge across it  until
  the  department  has  found  that  such  construction or bridge will not
  unduly affect the projected or completed improvement.