§ 299-N — County small watershed agency and processing of applications

§ 299-n. County small watershed agency and processing of applications.\n1. Designation of an agency. The board of supervisors may appoint or\ndesignate a county small watershed agency (hereinafter referred to as\nthe agency), in similar manner as provided in section two hundred\nfifty-one of this chapter in the case of county water districts, as now\nin effect or as hereafter amended. However, in any county where the\nboard of supervisors has established or shall establish a soil\nconservation district pursuant to the soil conservation districts law,\nthe soil conservation district shall serve as such agency. The agency\nshall undertake studies and assemble data relating to the need for a\nsmall watershed project (hereinafter referred to as the "project"),\npursuant to said "Watershed Protection and Flood Prevention Act" and the\nneed for the establishment of a county small watershed protection\ndistrict (hereinafter referred to as the "watershed district").\n 2. Procedure for approval of project applications and establishing\npriorities therefor. If the agency, after study and investigation, is of\nthe opinion that it would be in the public interest and for the\nprotection of public health and welfare to undertake a project, it\nshall, with the approval of the board of supervisors, make application\nto the secretary of agriculture of the United States for assistance\npursuant to section three of the said "Watershed Protection and Flood\nPrevention Act". Before such application is forwarded to the secretary\nof agriculture of the United States for approval, it shall be submitted\nto and approved by the water resources commission (hereinafter referred\nto as the "commission") prior to submission of the application to the\nsecretary of agriculture. At the same time that an application is\nsubmitted to the commission, a copy thereof shall be forwarded by the\nagency to the state soil conservation committee, which shall, within\nthirty days after receipt of the copy of the application, submit any\nadvice or comments to the commission. The commission is authorized to\nestablish and amend a priority list for projects, and to establish rules\nand regulations for the handling and processing of applications, plans\nand projects.\n Such applications to the commission shall be accompanied by an outline\nof the project in general form indicating the purpose, size, scope and\nlocation of the contemplated project, the proposed works and facilities,\nand, when available, preliminary estimates of the total maximum cost of\nthe project and the amount and nature of requested federal aid and local\ncosts. The approval of the application by the commission shall not be\ndeemed to be final approval of the project, or approval of detailed\nplans and specifications for the project, or to authorize the\nconstruction of any project works or facilities. The commission shall\nnot be required to hold a hearing on such an application but, before\ndisapproving any application, it may cause a public hearing to be held\non the application to hear any and all interested parties.\n 3. Approval of watershed work plan. (a) Upon completion of a watershed\nwork plan which shall contain an outline of the proposed project,\nincluding preliminary plans, estimates, cost allocations and other data\nas provided in section three of the said "Watershed Protection and Flood\nPrevention Act," the agency, if it, after a study of the data, still is\nof the opinion that the project should be undertaken, shall have the\nwatershed work plan reviewed and approved by the county engineer or\nanother properly licensed professional engineer retained for such\npurpose, and after such review and as approved, shall, subject to\nauthorization by the board of supervisors, submit the watershed work\nplan to the commission for approval, disapproval or modification. At the\ntime of submitting the watershed work plan to the commission, the agency\nshall forward copies thereof to the soil conservation committee.\n (b) The water resources commission shall cause a public hearing to be\nheld on the watershed work plan in accordance with the provisions and\nprocedures provided by section four hundred fifty-one of the\nconservation law in respect to public hearings on water supply\napplications. The commission shall with all convenient speed and within\nninety days after the final hearing either approve, disapprove or modify\nthe watershed work plan. In reaching its decision, it shall be the duty\nof the commission to review the watershed work plan and other data and\nthe evidence taken at the hearing, with due regard being given to the\nallocation of the water resources of the state to the various interests\ndesiring to utilize such resources for the general benefit of the\npublic. In approving the watershed work plan as submitted, or as\nmodified by the commission, the commission shall determine that the\nwatershed work plan includes the necessary works of improvement and that\nthe proposed works of improvement, will have no adverse effect on the\ngeneral and equitable uses of the water resources of the state in areas\nwhich might be affected thereby.\n (c) After approval by the commission, the watershed work plan as\nsubmitted or as modified, shall be the final complete watershed work\nplan for the project. The watershed work plan shall set forth the\ngeneral scope and intent of the project but not necessarily include\nmaps, plans and specifications in sufficient detail for contracting for\nand the construction of the works of improvement.\n 4. None of the works of improvement included in the final watershed\nwork plan shall be undertaken or constructed or put into operation until\ndetailed maps, plans and specifications therefor have been submitted to\nthe commission for approval. The commission need not hold a public\nhearing on such an application but may call upon the watershed district\nor its administrative head or body to furnish such further information\nor proof as the commission may require. The commission shall determine\nwhether the detailed maps, plans and specifications provide for the\nproper and safe construction of all work connected with the project.\nThe commission may approve or disapprove the detailed maps, plans and\nspecifications, or modify them and, as so modified, approve them. When\napproved or modified and approved, the detailed maps, plans and\nspecifications shall be the final construction plan.\n 5. Modifications. Should it subsequently become necessary or desirable\nat any time either before or after the formation of a watershed district\nor the construction and completion of a project that the watershed work\nplan be modified in a substantial manner in scope or intent as specified\nin this subdivision five, or that the final construction plan be\nmodified in a substantial manner, such modifications must be submitted\nto the board of supervisors and, if approved by the board, to the\ncommission for such further action or approval as it may deem necessary\nor advisable before such modifications are put into effect. A change in\nscope or intent requiring modification of the watershed work plan and\nthe action and approval prescribed by this subdivision five shall mean\n(1) a change in the multi-purposes and features of the project, or (2) a\nchange affecting flood water storage which requires approval of\ncommittees of the Congress of the United States under the provisions of\nthe "Watershed Protection and Flood Prevention Act".\n 6. Hearing expenses. The expenses of any hearing and determination\nrequired to be held and made by the commission shall be a charge against\nthe county or counties and such county or counties shall, upon\ncertification by the commission, pay such expenses to the persons\nentitled thereto.\n