§ 15-1107 — Plans; approval; changes, modifications and rescission

New York § 15-1107

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 11: Local and Regional Water Resources Planning and Development
• Art. 15: Water Resources

Text

§ 15-1107. Plans; approval; changes, modifications and rescission.\n 1. Plans submitted pursuant to section 15-1105:\n a. Shall in all cases be so drawn and of such scope as is best\ncalculated to assure prompt or orderly development of the water\nresources for the beneficial use of the people of the region involved\nand of the state as a whole;\n b. Shall show the available and feasible sites for the installation\nand operation of protective, conservation and regulatory works, and the\nbenefits estimated to be derived from such installation and operation.\nThe plan or plans shall be accompanied by such maps, profiles and other\ndata and descriptions as will set forth and show the location and\ncharacter of the works and of the property required to be taken for or\nto be damaged by such installation or operation or for the protection\nand maintenance of the works to be installed, together with an estimate\nof the cost thereof;\n c. Shall estimate the minimum annual amount of water which would be\navailable for all purposes if the plan or plans were to be put in\noperation;\n d. Shall not, in the computations of water estimated to become\navailable as a result of the execution of the plan or plans, include any\namount of water, the use of which has theretofore been duly acquired or\nauthorized pursuant to approval, license, permit or other official\nsanction;\n e. Shall, whenever feasible and economically justified, provide for\nthe storage of sufficient water for distribution and use for all the\npurposes and uses contemplated by this article;\n f. Shall not include in any plan or plans, any proposal or project\nproviding for any action or steps which would impair or diminish any\nright protected by section 15-1113;\n g. Shall list possible sources of income, including the sale of water,\nfrom the operation of such works, and estimate the amount thereof; and\n h. Shall recommend whether the plan or plans should be carried out as\na single or multiple stage project, and shall also recommend an agency,\nexisting or proposed, to undertake the project.\n 2. Upon receipt of a plan from the board, the department shall cause\npublic notice to be given that on a day therein named it will hold a\npublic hearing at such a place as is specified in the notice and within\nthe region covered by the plan, for the purpose of hearing all persons,\npublic corporations and agencies of the state which may be affected by\nthe plan. Such notice shall be published pursuant to subdivision 1 of\nsection 15-0903. In addition to such publication, the department shall\ngive written notice of the public hearing, as required by subdivision 3\nof section 15-1103, and may give written notice thereof to additional\npersons, public corporations or agencies of the state, as authorized by\nsuch subdivision. At any time prior to the day specified in such notice,\nspecified objections in writing to the plan or parts thereof may be\nfiled in the office of the department. The department shall, upon the\nday specified in the notice, or upon such subsequent day or days to\nwhich it may adjourn the hearing, proceed to take testimony and proof\nand to hear arguments submitted in support of and in opposition to the\nplan, but no objectors shall be heard unless they have filed written\nobjections as authorized by this section. At the close of the hearing,\nthe department may fix a date or dates for the filing of briefs.\n 3. The department within ninety days after the last date fixed for the\nfiling of briefs and with all convenient speed shall render its\ndecision. The department, upon the proofs and evidence submitted at the\npublic hearing:\n a. Shall determine whether the plan as proposed by the board conforms\nto and complies with the purposes of title 11 of this article and would\nserve the public interest and benefit, or whether it should be modified\nin any respect, detail or part to accomplish such purposes;\n b. Shall determine whether the plan as proposed by the board\ninterferes or conflicts with the plans of any other regional water\nresources planning board, and would be just and equitable to the\ninterests of other areas of the state;\n c. Shall approve such plan as submitted by the board or as modified by\nthe department; or shall disapprove the plan; or shall remit the\nproposal to the board for further investigation, study, survey and\nplanning; and\n d. Shall recommend with public corporations, private corporations or\nagencies of the state, existing or proposed, would, in its opinion, be\nbest qualified to carry out expeditiously and efficiently the project\nproposed by the plan, as approved by the department, and to construct,\nmaintain and operate the works in connection therewith. If the\ndepartment recommends that a new public corporation or state agency\nshould be established for such purposes, it shall transmit a\nrecommendation to the legislature and the Governor for the enactment of\nlegislation to create and establish such body or agency, or to grant\nauthority to existing public corporations or state agencies.\n 4. Upon the filing of the departments decision or, in the event such\ndecision is reviewed in the manner provided by article seventy-eight of\nthe Civil Practice Law and Rules, upon the final determination of such\nreview proceeding, the plan as approved by the department or as approved\nor modified by the court in a review proceeding, shall be the general\nplan for the conservation, development and utilization of the water\nresources of the region, and such general plan shall be given\nconsideration by the department in any future application before it and\nover which it has jurisdiction by virtue of this article or other\nprovision of law. None of the works or projects, included in the general\nplan, nor any part or parts thereof shall be undertaken, constructed or\nput into operation until detailed and specific maps and plans therefor\nhave been submitted to the department for approval upon the petition of\nan agency authorized to undertake or construct such works or projects or\nparts thereof. The department shall determine, after public hearing, if\nthe detailed and specific plan before it for approval conforms to and is\nconsistent with the general plan, and whether it is in the public\ninterest to undertake the construction and operation of the works or\nprojects as proposed. The department shall have the power to approve or\ndisapprove the detailed and specific maps and plans, or to so modify\nthem as will, on the evidence presented, bring them into conformity with\nthe general plan.\n 5. Any municipality or combination of municipalities may, except as\nprovided in subdivision 7 of section 15-1103, file with the department a\nverified petition requesting the department to modify, change or rescind\nany general plan approved by it. The petition shall set forth the facts\non which the petitioner or petitioners rely to show that it is necessary\nand would be in the public interest to change or modify such plan as\nrequested in the petition, or to rescind such plan. Upon receipt of such\na petition, the department shall give public notice of hearing, shall\ngive written notice of hearing to parties and persons, shall hold a\npublic hearing on such petition, and shall take testimony and proof, in\nthe same manner as if the department were holding a public hearing on\nthe original submission of the plan which such petition seeks to change,\nmodify or rescind. The department, within ninety days after the last\ndate fixed for the filing of briefs and with all convenient speed, shall\nrender its decision changing, modifying or rescinding such plan, or\ndenying the petition, as the public interest shall require.\n 6. The department may, on its own motion, initiate proceedings to\nchange, modify or rescind any approved plan. The proceedings and\nprocedure with respect to any such proposal, including notice, hearing\nand judicial review, shall be the same as in the case of a petition for\nchange, modification or rescission of a plan.\n 7. Except as hereinafter in this subdivision provided, the provisions\nof sections 15-1109 and 15-1111 shall apply to the sharing and\napportionment of costs and expenses incurred by the department under\nthis section. In any case where an application under this section is\nfiled with respect to any plan by any municipality or municipalities\noutside of the region specified in such plan, the share of the\ndepartment costs and expenses which would otherwise be paid by the\ncounty or counties of such region, shall be paid by such municipality or\nmunicipalities.\n