New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter D - Water Supply Charges › Part 882 - Water Usage › Section 882.1 - Certificate of entitlement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  executive director will issue to each known water user a certificate of
				  entitlement within 30 days after the effective date of this Part subject to the
				  provisions of subdivision (b) of this section. In addition, any other water
				  user may apply for a certificate of entitlement at any time. A preliminary
				  notice of entitlement shall be issued to each user. Such entitlement shall
				  become final and take effect, unless the user shall file with the commission,
				  within 20 days after the service of the notice of entitlement, a request for
				  hearing by the commission. At such hearing the water user may show cause why
				  the proposed entitlement shall not take effect.
(b) The executive director shall schedule a
				  hearing to be held not less than 10 days after receipt of a request for a
				  hearing by the commission. Hearings shall be conducted and the results thereof
				  subject to review in accordance with article 5 of the commission's rules of
				  practice and procedure.
(c) A final
				  certificate of entitlement will be issued either upon expiration of the time to
				  request a hearing, where there has been no request, or in accordance with the
				  determination of a hearing where one is held.
(d) A certificate of entitlement is not
				  transferable, except as provided in subdivisions (e) and (f) of this section.
				  For the purposes of this section, transfer shall mean any sale or other
				  conveyance by a holder of a certificate of entitlement involving a specific
				  facility and shall include any transfer which results in a change of ownership
				  and/or control of the facility or of the stock, or other indicia of ownership
				  of a corporation which holds title to the facility.
(e) Whenever ownership or possession of land
				  in agricultural use is transferred, a certificate of entitlement with respect
				  to such land shall be deemed to run with the land, so long as the water use
				  continues to be for agricultural irrigation. Upon any such land transfer, the
				  executive director will reissue a certificate of entitlement to the new
				  user.
(f) A certificate of
				  entitlement may be transferred in connection with a corporate reorganization
				  within any of the following categories:
(1)
				  whenever property is transferred to a corporation by one or more persons solely
				  in exchange for stock or securities of the same corporation, provided that
				  immediately after the exchange the same person or persons are in control of the
				  transferee corporation, that is, they own 80 percent of the voting stock and 80
				  percent of all other stock of the corporation; or
(2) where such transfer is merely a result of
				  a change of the name, identity, internal corporate structure or place of
				  organization of a corporate holder of a certificate of entitlement and does not
				  affect ownership and/or control.